Welcome to the FONMATCH ("FONMATCH", "We", "Our") mobile device software application (the " “FONMATCH Software"), Web site, web widgets, feeds and applications for third-party Web sites and services. and any other mobile or web services or applications owned, controlled, or offered by FONMATCH (collectively, the "FONMATCH Services"), being offered by FONMATCH Inc. Subscribers, customers, users, and others who access, download, use, purchase and/or subscribe to the FONMATCH Services (collectively or individually "You" or "Users") must do so under the following terms and conditions of use.

BEFORE USING ANY FONMATCH SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, BROWSING AND/OR USING THE FONMATCH SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND, BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THIS DOCUMENT, ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE "AGREEMENT"), WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE FONMATCH SERVICES IMMEDIATELY.

THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND FONMATCH. You may receive a copy of this Agreement by emailing us at: support@fonmatch.com, Subject: Terms of Service Agreement.

THE FONMATCH SERVICES ARE AVAILABLE FOR INDIVIDUALS AGED 18 YEARS OR OLDER.

i.AGE RESTRICTED ACCESS. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18)YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS OR OTHERWISE USE FONMATCH OR THE FONMATCH SOFTWAREOR ANY SERVICES AFFILIATED WITH OR ASSOCIATED WITH FONMATCH OR THE FONMATCH SOFTWARE.

ii. AFFIRMATION OF CURRENT ADULT STATUS. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT

1.IMPORTANT DISCLAIMERS.

THE FONMATCH SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE FONMATCH SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.

FONMATCH IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE – OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.

YOU ACKNOWLEDGE AND AGREE THAT FONMATCH HAS OFFERED THE FONMATCH SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FONMATCH, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FONMATCH. FONMATCH WOULD NOT BE ABLE TO PROVIDE THE FONMATCH SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

2.PRIVACY NOTICE; GUIDELINES TO INDIVIDUAL FEATURES AND SERVICES

FONMATCH’s Privacy Notice is hereby incorporated into this Agreement by reference. Please read this notice carefully for disclosures relating to the collection, use, and disclosure of your personal information and real-time location information.

3. Pricing - Your wireless carrier supplies the carriage for the FONMATCH Services to you. FONMATCH is available on the following wireless carrier networks: AT&T, Verizon Wireless, T- Mobile, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket. There is no cost to register for an account, however your wireless carrier may charge you for transition or receipt of text messages or the data associated with viewing FONMATCH through your mobile phone's web browser or the downloading of images or video. Upgrade to premium service for $9.99/month for Social Subscription alerts subscription for 5 Social Subscription alert messages per month. Once users upgrade to a Premium account all charges for the carriage of all Services will appear on your next wireless telephone bill, or will be deducted from your prepaid balance. Message and Data charges may apply. Text the word HELP to 25101 for mobile help. To unsubscribe text the word STOP to 25101. All prices include tax. All purchases must be authorized by account holder. Helpline: 1 888 666 3220.

4. MODIFICATION OF THIS AGREEMENT

We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement or any Guidelines at any time. Please check this Agreement and all Guidelines periodically for changes. Your continued use of the FONMATCH Services after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. For any material changes to this Agreement or any Guidelines, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on FONMATCH Services.

5.OWNERSHIP; PROPRIETARY RIGHTS

The FONMATCH Services are owned and operated by FONMATCH. The FONMATCH Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the FONMATCH Services (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the FONMATCH Services are the property of FONMATCH or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the FONMATCH Services are proprietary to FONMATCH or its affiliates and/or third-party licensors. Except as expressly authorized by FONMATCH, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

6.USAGE RULES; PROHIBITED CONDUCT & USES

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:

6A. Use the FONMATCH Services or any location information displayed within the FONMATCH Services to “stalk”, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other;

6B. Use the FONMATCH Services if you are under the age of 18 years old;

6C. include offensive or pornographic materials in your FONMATCH Services personal profile page;

6D. use the FONMATCH Services for any commercial or non-private use, it being understood that the FONMATCH Services are for personal, non-commercial use only;

6E. use the FONMATCH Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;

6F. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the FONMATCH Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

6G. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the FONMATCH Services accounts of other Users;

6H. misrepresent the source, identity or content of information transmitted via the FONMATCH Services;

6I. remove, circumvent, disable, damage or otherwise interfere with security-related features of the FONMATCH Services, features that prevent or restrict use or copying of any content accessible through the FONMATCH Services, or features that enforce limitations on use of the FONMATCH Services;

6J. intentionally interfere with or damage operation of the FONMATCH Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

6K. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

6L. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;

6M. use the FONMATCH Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; or

6N. use the FONMATCH Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the FONMATCH Services could lead directly to death, personal injury, or severe physical or property damage.

6O. Attempt to gain unauthorized access to the FONMATCH Services, or any part of it, other accounts, computer systems or networks connected to the FONMATCH Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the FONMATCH Services or any activities conducted on the FONMATCH Service;

6P. use any robot, spider, scraper or other automated means to access the FONMATCH Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the FONMATCH Services or modify the FONMATCH Services in any manner or form, nor to use modified versions of the FONMATCH Services, including (without limitation) for the purpose of obtaining unauthorized access to the FONMATCH Services.

7.USAGE; REFUSAL OR SUSPENSION OF SERVICE

7A. FONMATCH RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER'S REGISTRATION OR INVITE-A-FRIEND ATTEMPTS AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, FONMATCH ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO THE FONMATCH SERVICES AND THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE.

7B. You alone are responsible for your involvement with other Users. FONMATCH reserves the right, but has no obligation, to monitor disagreements between you and other Users.

7C. FONMATCH does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the FONMATCH Services.
PLEASE NOTE: FONMATCH RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.

8.USER SUBMISSIONS

8A. The FONMATCH Services allow the submission of content and materials (such as pictures, videos, reviews, ratings, ideas, or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize FONMATCH to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the FONMATCH Services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the FONMATCH Services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.

8B. You understand that when using the FONMATCH Services you will be exposed to User Submissions from a variety of sources, and that FONMATCH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FONMATCH with respect thereto.

8C. FONMATCH assumes no responsibility whatsoever in connection with or arising from User Submissions. FONMATCH assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time FONMATCH chooses, in its sole discretion, to monitor User Submissions, FONMATCH nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, FONMATCH does not endorse and has no control over the content of User Submissions submitted by other Users. FONMATCH makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, FONMATCH reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.

8D. User Submissions are jointly owned by the user who submitted them and FONMATCH. User Submissions can not be shared, displayed or duplicated by any other party other than the submitted user. No third party is permitted to use these User Submissions without the written consent of both the user and FONMATCH.

9.THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS

9A. The FONMATCH Services may include links to other web sites or services solely as a convenience to Users. FONMATCH does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, FONMATCH makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.

9B. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the FONMATCH Services are solely between you and such advertiser. You agree that FONMATCH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the FONMATCH Services.

9C. Parties other than FONMATCH may provide services or sell products via the FONMATCH Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. FONMATCH does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.

10. END USER LICENSES

10A. LICENSE GRANT, RESTRICTIONS AND UPGRADES. To use the FONMATCH Software you must have a mobile device that is compatible with the FONMATCH Services. FONMATCH does not warrant that the FONMATCH Services will be compatible with your mobile device.

1. License Grant. FONMATCH hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the FONMATCH Software as follows: You may use the FONMATCH Software for one FONMATCH Services subscription account on one mobile device owned or leased solely by you, for your personal use.

2. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the FONMATCH Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the FONMATCH Software to any third party or use the FONMATCH Software to provide time sharing or similar services for any third party; (iii) make any copies of the FONMATCH Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the FONMATCH Software, features that prevent or restrict use or copying of any content accessible through the FONMATCH Software, or features that enforce limitations on use of the FONMATCH Software; or (v) delete the copyright and other proprietary rights notices on the FONMATCH Software.

3. Software Upgrades. You acknowledge that FONMATCH may from time to time issue upgraded versions of the FONMATCH Software, and may automatically electronically upgrade the version of the FONMATCH Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.

4. Open Source. With respect to any open source or third-party code that may be incorporated in the FONMATCH Software, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.

5. Rights Reserved. The foregoing license grant under this Agreement is not a sale of the FONMATCH Software or any copy thereof and FONMATCH or its third party partners or suppliers retain all right, title, and interest in the FONMATCH Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. FONMATCH reserves all rights not expressly granted under this Agreement.

6. Trademarks, Service Marks and Logos. The name of this Web Site is a service mark of Company. No use of this mark shall be permitted except through the prior written authorization and permission of Company. All rights reserved.

10B. GOVERNMENT END USERS. If this FONMATCH Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the FONMATCH Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

10C. EXPORT CONTROL. The FONMATCH Software originates in the United States, and is subject to United States export laws and regulations. The FONMATCH Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the FONMATCH Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the FONMATCH Software and the FONMATCH Services.

11. VIOLATIONS; TERMINATION

You agree that FONMATCH, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) you have with the FONMATCH Services or use of the FONMATCH Services and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to the FONMATCH Services or any account you may have or portion thereof may be effected without prior notice, and you agree that FONMATCH will not be liable to you or any third-party for any such termination. FONMATCH does not permit copyright infringing activities on the FONMATCH Services, and reserves the right to terminate access to the FONMATCH Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies FONMATCH may have at law or in equity.

12. DISCLAIMERS; NO WARRANTIES

THE FONMATCH SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FONMATCH SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. FONMATCH, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

FONMATCH AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE FONMATCH SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FONMATCH SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FONMATCH, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION FONMATCH’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE FONMATCH SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FONMATCH OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE FONMATCH SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE FONMATCH SERVICES AT YOUR OWN DISCRETION AND RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

13. INDEMNIFICATION; HOLD HARMLESS

You agree to indemnify, defend, and hold FONMATCH, its affiliated companies, and its suppliers and partners (harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of any location information or the FONMATCH Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use the FONMATCH Services to meet another User in-person or to locate and attend any offline place or event. FONMATCH reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

14. LIMITATION OF LIABILITY AND DAMAGES

YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL FONMATCH OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE FONMATCH SERVICES; (C) THE FONMATCH SERVICES GENERALLY OR THE FONMATCH SOFTWARE OR SYSTEMS THAT MAKE THE FONMATCH SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH FONMATCH OR ANY OTHER USER OF THE FONMATCH SERVICES, EVEN IF FONMATCH OR A FONMATCH AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL FONMATCH’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE FONMATCH SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE FONMATCH SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN FONMATCH AND RECEIVED THROUGH OR ADVERTISED ON THE FONMATCH SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE FONMATCH SERVICES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT FONMATCH’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

14. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
Digital Millennium Copyright Act Compliance. It is FONMATCH’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, FONMATCH will promptly terminate without notice the accounts of Users that are determined by FONMATCH to be "repeat infringers." A repeat infringer is a User who has been notified by FONMATCH of infringing activity violations more than twice and/or who has had a User Submission removed from the FONMATCH Service more than twice.

If you are a copyright owner or an agent thereof, and you believe that any content hosted on any FONMATCH Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing FONMATCH’s Designated Copyright Agent with the following information in writing:

15A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

15B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable FONMATCH Service are covered by a single notification, a representative list of such works on the applicable FONMATCH Service;

15C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FONMATCH to locate the material;

15D. Information reasonably sufficient to permit FONMATCH to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

15E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and

15F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
FONMATCH‘s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agent at support@FONMATCH.com . For clarity, only DMCA notices should go to the FONMATCH Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

16. MISCELLANEOUS

16A. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

16B. Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the FONMATCH Services shall be filed only in the state or federal courts in and for San Francisco County, California and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Either FONMATCH or you may demand that any dispute or claim between FONMATCH and you about or involving the FONMATCH Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association ("AAA") in San Francisco, California, USA and, if so demanded by FONMATCH or you, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA in San Francisco, CA to resolve the applicable dispute or claim; provided that the foregoing shall not prevent FONMATCH from seeking injunctive relief in a court of competent jurisdiction.

16C. Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

16D. Notices. FONMATCH may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the FONMATCH Services.

16E. Assignment. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by FONMATCH without restriction.

16F. Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification and, specifically, Sections 1, 4, 5, 6, 7, and 11 through 14 and the Exhibits of this Agreement hereby survive any termination of this Agreement or any termination of your use of or subscription to the FONMATCH Services.

16G. Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement or Guidelines made by FONMATCH as set forth in Section 3 above.

16H. Claims. YOU AND FONMATCH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FONMATCH SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16I. Disclosures. The services hereunder are offered by FONMATCH Inc., 965 Folsom Street, suite 202, San Francisco, California 94107

Apple, iPhone, iPod touch, iPad and iTunes are trademarks of Apple Inc.,registered in the U.S. and other countries. Android is the property of Google inc. and is registered and/or used in the U.S. and countries around the world. Used under license from Google Inc.