IMATCHUP.COM - TERMS OF SERVICE

Last updated: November 30th, 2011

Welcome to the iMatchUp website at www.iMatchUp.com (the "Site") brought to you by Atrinsic, Inc. ("Atrinsic," "us," "our" or "we"). Using or accessing the Site constitutes your agreement to these terms of service ("Terms" or "Agreement"), even if you do not register on the Site. Please review these Terms carefully and in their entirety before accessing the Site, before opening a membership account ("Account"), or using the various services we provide ("Service(s)"). If you do not agree to these Terms in their entirety, do not use or access this Site, or open an Account.

EACH SERVICE OR FEATURE OF A SERVICE MAY HAVE ITS OWN SPECIFIC RULES. BY PARTICIPATING OR USING A SERVICE, YOU AGREE TO ANY RULES OF THAT SERVICE, WHICH ARE INCORPORATED BY REFERENCE INTO THESE TERMS. IN ADDITION TO THESE TERMS OF AND OUR PRIVACY POLICY.

1. Subscriptions and Fees

Fees and Authorization. For Accounts opened on or after the date set forth above, there are subscription and standard text message fees associated with the Services. Once you have subscribed to the Services, your monthly cellular phone bill will be automatically charged $9.99 every month for the Services. The Services are not available to Verizon Wireless subscribers. By subscribing to the Services, you agree to pay us, and authorize us to charge to your cellular phone bill the $9.99 per month subscription fee, and you agree that you are responsible for any applicable msg&data rates that may apply. Subscription fees for the Site and/or Services are explained during the registration process and are subject to change from time to time in our absolute and sole discretion. Any subscription fees that are disclosed to you in the registration process are deemed part of this Agreement. Any fee changes are effective upon notice to the Member. We will provide notice by posting such changes on the Site or by e-mail, TXT/SMS messages, or any other means that we deem reasonable.

Accounts opened prior to January 1, 2008 were subject to an earlier version of these terms and may have included different pricing membership levels, and payment methods. Recurring Charges. Subscription plans to the Services consist of the recurring period charges as agreed to by you when you initially subscripted to the Services. By entering into this Agreement, you acknowledge that your subscription may have a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We will submit monthly charges to your cellular phone service provider and/or billing aggregator without further authorization from you, until you provide notice to us that you have terminated this authorization. Such notice will not affect charges submitted before we can reasonably take action in response to your notice. You agree that we may continue to charge you for any use of the Services unless you have terminated your subscription for the Services as provided in these Terms. If we do not receive payment from your cell phone provider, you agree to pay all amounts due on your Account upon demand.

Promotions and Free-Trial Periods. If you registered, subscribed or created an account subject to or in accordance with any free, limited or other trial subscription period, please be aware that after the trial period has expired, we will bill your cellular telephone account on a monthly basis for the Services, unless you cancel your subscription prior to the end of the trial period. You can cancel by texting "STOP" to 44577. If you have further questions, you can also contact us at Support@iMatchup.com.

2. Cancellation

To cancel by handset - You can cancel your subscription at anytime by sending a text message from your mobile device containing only the word "STOP" to the shortcode 44577. To prevent future charges cancellation must be received a maximum of one day prior to your billing cycle date.
To cancel by e-mail - You can cancel your subscription by sending a request to Billing@iMatchup.com..
Cancellation by phone - If you are a mobile member you may cancel a subscription by calling toll-free 800-617-4756, 24 hours a day, 7 days per week. All other members may call toll-free 800-222-4963 between the hours of 5am EST - 6pm EST, 7 days per week.

To cancel online - Onsite: You can deactivate your own billing through the My Account page once logged into your account. Select Deactivate Billing. You can also cancel online by selecting 'Contact Us' at the bottom of each page and filling out the required online form. This can be accessed either logged in or not to your account. You may cancel your membership at any time. Upon cancellation, you will no longer be billed for future monthly subscription fees. However, we will not refund any subscription fees to you for any reason whatsoever. If you cancel your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your cancellation). For example, if your mobile device is billed for a monthly subscription on the 4th of every month and you cancel on the 10th, you will not be billed in the next month, but your subscription will remain active for the remainder of the month in which you cancelled.

3. Changes to these Terms

These Terms are subject to change at any time without prior notice. Changes are effective upon posting on the Site. We encourage you to check this page regularly. Your continued use of the Site and maintenance of an Account following any changes to these Terms of Service will constitute your acceptance of such changes.

4. Description of Site Services

The Site provides a variety of online Services which enable singles to communicate with other individuals of their choice both online and through TXT/SMS services. Services include, but are not limited to, a searchable database of Site members, editable profiles with pictures and videos and cellular or mobile web access portals. We reserve the right to add, change, modify, suspend or discontinue, or impose limitations or restrictions any portion of or access to the Site or Services, at any time without prior notice or liability to you or any third party.

5. Registration

You must have a valid cell phone with a valid United States phone number and an active data service plan to join the Site. To become a member on the Site ("Member") and to utilize the Services, you must register. When you register, you agree to provide accurate, current and complete information about yourself ("Registration Data") and to maintain and update such Registration Data to keep it accurate, current and complete. You also represent that we may rely on your Registration Data as accurate, current and complete. We reserve the right, in our sole discretion, to terminate your membership for any reason, including without limitation inaccurate, untrue, deceptive and/or incomplete Registration Data. Site membership is void where prohibited. You represent and warrant that you are the owner of, have the right to provide, and are responsible for any information or Content (as defined below) that you e-mail, post, upload, transmit or otherwise make available for access, viewing or use over this Site.

6. Eligibility

You must be eighteen (18) years of age or older and a legal resident of the United States and its territories to access or use the Site or Services, or to become a Member. You represent that you meet these eligibility criteria and have the full right and power to enter into this Agreement and that you will comply with these Terms. This Site is not intended for use by children. We do not knowingly collect personal information submitted by visitors to the Site who are under the age of 13.

7. Username and Password

Site registration will require you to select a unique username and password. We may refuse to grant to you any username, in our sole discretion. You are solely responsible for maintaining the confidentiality of any usernames, passwords or other Account information and for any and all activities, communications or postings that are conducting through your Account. You agree not to transfer, sell or otherwise authorize any third party to use your username or password. If you have reason to believe that your account is no longer secure, you must promptly change your password by accessing the "My Account" area of the Site. You further agree to notify us of any unauthorized use of your username, password, or other account information immediately after you become aware of such use at info@iMatchUp.com, and to indemnify and hold Atrinsic, its parents, subsidiaries and entities under common ownership or control with Atrinsic ("Affiliates") harmless from any claims, actions, losses, or damages related to such use. Although Atrinsic will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Atrinsic or others due to such unauthorized use.

8. Violations and Termination

Atrinsic, its parents, subsidiaries and Affiliates reserve any rights to pursue any causes of action, including, but not limited to, infringement actions or damages resulting from your failure to comply with Content restrictions (as defined below) and/or these Terms. Any conduct that in any way violates these Terms or any posted restrictions may result, in our sole discretion, in the termination of your Site participation, removal of Content or refusal to post Content. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities or to monitor and/or filter any of your communications through the Site and/or disclose any Content or communication through the Site, and the circumstances surrounding the transmission thereof, to protect Atrinsic, our parents and subsidiaries, Affiliates, Licensors (as defined below); to comply with applicable laws; or to prevent unauthorized access or use of the Services, Site or Content. We retain the right to deny access to the Services and/or the Site, in our sole discretion, to any visitor for any reason, including for any violation of these Terms.

We will provide you with notice of termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address or mobile number that you provided during registration or at any other e-mail address or mobile number you provide to us after registration. Termination is effective once upon transmittal by us.

9. Updating, Modifying and Deleting your Information

To update or modify the information that we have on file for your account, please access your online account area on the Site and then modify your details and settings as necessary or contact us at info@imatchup.com. If you wish to delete your personal information prior to the end of your current subscription period, please access your online account area on the Site and manually choose to "hide" your profile or make your profile inactive. If you wish to delete your account, you must contact us at billing@imatchup.com or call customer service. Mobile members: call toll-free 800-617-4756, 24 hours a day, 7 days per week. All other members: call toll-free 800-222-4963 between the hours of 5am EST - 6pm EST, 7 days per week. Please note that we require certain personal information for billing purposes. If you wish to delete your name, mobile telephone number, e-mail address or mailing address you may be required to terminate your account. In order to terminate your account you must contact us at billing@imatchup.com or call customer service. Mobile members: call toll-free 800-617-4756, 24 hours a day, 7 days per week. All other members: call toll-free 800-222-4963 between the hours of 5am EST - 6pm EST, 7 days per week. You must also request that your personal information be deleted. Please be advised that it may be impossible to permanently remove your information from the Internet. For example, the information may continue to exist in cached pages. Changes to your account may not be effective immediately.

10. Proprietary Rights of Content

The logos, images, text, tools, graphics, marks, names, photographs, sounds, music, videos, illustrations, design elements, materials, code, scripts, software, User-Generated Content (as defined below) and interactive features displayed or posted on this Site are collectively referred to herein as "Content." This Site is owned and operated by Atrinsic. With the exception of User-Generated Content, Atrinsic, its parents, subsidiaries, and Affiliates, or parties that have granted us specific usage authorizations ("Licensors") own the Content. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect the Content. The copying, redistribution or publication by you of any part of the Site and Services or the Content is strictly prohibited. You do not acquire ownership rights to any Content viewed or accessed on or through the Site and Services.

11. User-Generated Content

This Site may include opportunities for users to submit Content, including but not limited to photographs, videos and images ("User-Generated Content") for hosting, sharing and/or publishing on the Site. We may, in our sole discretion, choose to screen submissions and reject any User-Generated Content for any reason. You are solely responsible for your own User-Generated Content and the consequences of posting or publishing it. You represent and warrant that you own or have the full right to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any User-Generated Content to enable its inclusion and use in the manner contemplated by the Site and these Terms. By submitting or attempting to submit User-Generated Content, you hereby represent, warrant and agree that: (i) you and any individuals portrayed in the User-Generated Content, were eighteen (18) years of age or older at the time that the User-Generated Content was created; (ii) you are the individual portrayed in the User-Generated Content, if any, or, if the Content includes other individual(s), you have previously obtained from such persons, and/or their authorized representatives, the written permission and consent for such use, publication and/or display and you will provide us with a copy of such written permission and consent upon request; and (iii) the User-Generated Content contains an accurate representation of you, as you appear at the time you submit it to the Site.

You retain all ownership rights in your User-Generated Content. However, you grant Atrinsic and our parents, subsidiaries, Affiliates, assigns and Licensors, and each Site visitor and Member, a worldwide, non-exclusive, royalty-free, sub-licensable, irrevocable and transferable license to access, use, reproduce, distribute, prepare derivative works of, display, and perform any information or materials that you post, upload or transmit to us, including User-Generated Content in connection with the Site, in any media formats and through any media channels without any payment or other consideration of any kind, or permission or notification, to you or any third party. You agree to comply with any User-Generated Content guidelines and/or rules that may appear on the Site.

Atrinsic and its parents, subsidiaries, Licensors and Affiliates will not be liable to you for any claim relating to User-Generated Content, and expressly disclaim any and all liability in connection with User-Generated Content. You hereby release and discharge, and agree to indemnify, defend and hold Atrinsic, its parents, subsidiaries, Licensors and Affiliates, and each of their respective officers, executives, employees, owners, and authorized agents, harmless from any and all loss, liability, claims or demands (including reasonable attorneys' fees, costs and settlement amounts) made by any third party arising from or related to the User-Generated Content, including, without limitation, claims for copyright and/or trademark infringement and rights of privacy and/or publicity.

12. Online Conduct and Content Use Restrictions

You agree to use the Services in a manner consistent with any and all applicable laws and regulations as they now exist or may herein after be promulgated. As a Member, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and Services in accordance with this Agreement. We retain the right to terminate this license, in our sole and absolute discretion, at any time for any reason. You may access and use the Site, Services and Content for your own personal, non-commercial use. No part of the Site and Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, the Services or any portion thereof. We reserve any rights not explicitly granted in this Agreement. You may not "data mine" or use any spiders, robots, or similar data gathering and extraction tools, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Content. You may not collect or harvest any personally identifiable information, including account names, from the Site or Services. You may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content, other than as provided herein.

Further, you expressly agree not to engage in any activity or post any User-Generated Content that:

• interrupts, destroys, alters, damages, delays or limits the functionality or integrity of this Site, Services or Content, including without limitation, any associated software or hardware;
• imposes an unreasonable or disproportionately large load on the Site or Service infrastructure;
• infringes on any patent, trademark, trade name, trade secret, service mark or name, copyright, trade secret, or other proprietary right of any third party, including right of publicity or privacy;
• manipulates identifiers or numeric information to disguise the origin of any visitor, device, material, Content or other information;
• causes the forwarding of information that you do not own, have the right or authorization to provide, that is false or misdirected, or could damage Atrinsic or any third party;
• contains unauthorized advertising, advertises Content as your own, or solicits other visitors;
• is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, libelous, invasive of another's privacy, hateful, promotes excessive consumption of alcohol or the illegal use of alcohol, drugs or tobacco, firearms/weapons, or any activities that may be construed as illegal or violating any law;
• that is otherwise objectionable or violates Atrinsic policies or these Terms.

You further agree not to: (a) include in your profile any telephone numbers, street addresses, last names, URLs, e-mail addresses, offensive anatomical or sexual references or offensive language or any confidential information of any third person; (b) impersonate any person or entity; (c) "stalk" or otherwise harass any person via the Site and/or Services; (d) transmit any chain letters, spam or junk e-mail to other Members and/or users; (e) express or imply, without our specific, prior, written consent that any statements you make are endorsed by us; (f) remove any copyright, trademark or other proprietary rights notices contained on the Site; (g) "frame" or "mirror" any part of the Site, without our specific, prior written authorization; and (h) use metatags, code or other devices containing any reference to the Services or the Site in order to direct any person to any other website for any purpose. Any attempt by any individual, whether a user, Member or otherwise, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services, is a violation of criminal and civil law and we will diligently pursue all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

13. Accuracy of Information

The Site may occasionally contain Content, information or specifications that are inaccurate, incomplete or out of date. We make no representations or warranties regarding the Content or the Site's accuracy, validity, correctness, timeliness, reliability or that usage of the Site or Content will be error-free. You should independently confirm any information appearing on our Site. We are not responsible for, and you agree to indemnify us for any claim, liability or damage resulting from your use, reaction or reliance on any Content or information appearing on our Site.

In addition, we do not guarantee the accuracy, completeness or usefulness of any information made available by Members and/or users of the Site and Services. The Site may contain facts, views, opinions and statements of Members and other third parties. We do not adopt, endorse, or represent the accuracy, completeness, truthfulness or reliability of any opinion, advice, statement or other information or Content, including User-Generated Content displayed on the Site or disseminated via the Services.

13. Dispute Resolution/Choice Of Law

Any controversy, claim, demand or disputes arising out of or in relation to any portion of these Terms of Service or the breach thereof, or the Site or Services shall be submitted to final and binding arbitration before the American Arbitration Association in accordance with its Commercial Rules applicable to proceedings determined by one (1) arbitrator. Any arbitration shall be conducted at facilities maintained by the American Arbitration Association for that purpose in New York, New York. Judgment upon any award it may grant may be confirmed and entered in any court of competent jurisdiction. This provision shall be deemed self executing. and an award may be entered against a party who fails to appear at any duly noticed hearing. This provision shall survive the expiration or termination of these Terms of Service. Except where prohibited, visitors and Members agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Site or Service shall be resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in the State of New York and (b) any and all claims judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Site and/or Service but in no event attorneys' fees: and (c) under no circumstances will visitor/Member be permitted to obtain awards for and visitor/Member hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Service, or the rights and obligations of visitor/Member in connection with this Site and/or Service, shall be governed by and construed in accordance with the laws of the State of New York without regard for conflicts of law doctrine of any jurisdiction.

14. Privacy

Your use of the Site and the Services is governed by our Privacy Policy, as is any personal data (for example, name, address, telephone number or e-mail address) that you transmit to this Site in accordance with our instructions. Our Privacy Policy is incorporated in these Terms by reference.

15. Indemnification; Survival

You agree to indemnify, defend and hold harmless Atrinsic and its subsidiaries, Affiliates, officers, parent companies, agents, assigns, partners and employees from and against any and all claims, losses, expense, damages, costs, fees, including reasonable attorneys' fees and other dispute resolution expenses, arising from or related to (i) your use or misuse of the Site or the Services, (ii) your unauthorized access or use of the Site or Content; and (iii) your breach of these Terms of Service or any policies, rules or guidelines referenced herein or on the Site. Your indemnification obligations, and your agreement to release Atrinsic and its subsidiaries, Affiliates, officers, parent companies, agents, assigns, partners and employees from liability under this Agreement will survive any termination of this Agreement or your termination or cancellation of your membership or subscription.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT ACCESS AND/OR USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, OTHER POTENTIALLY HARMFUL ATTRIBUTES, PROBLEMS OR OTHER LIMITATIONS.

17. LIMITATION OF LIABILITY

NEITHER ATRINSIC, NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO YOU, OR ANY USER OR THIRD PARTY, WITHOUT LIMITATION, FOR: (i) USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE CONTENT, SITE AND/OR SERVICES, OR ANY PORTION THEREOF; (ii) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OF THE SITE OR SERVICES; (iii) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THIS SITE OR THE CONTENT AVAILABLE TO MEMBERS AND USERS; (iv) THE CONDUCT OF ANY MEMBER OR USER, WHETHER ONLINE OR OFFLINE, INCLUDING, WITHOUT LIMITATION, THEIR FAILURE TO COMPLY WITH THESE TERMS,, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ATRINSIC, ITS PARENTS, SUBSIDIARIES, AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT; (v) ANY CONTENT, MATERIALS, ADVICE OR OPINIONS POSTED OR UPLOADED ON THIS SITE, INCLUDING ANY MEMBER OR USER RELIANCE ON SUCH INFORMATION; (vi) ANY POTENTIALLY OFFENSIVE, INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE OR PROVIDED IN CONNECTION WITH THE SERVICES; (vii) ANY SECURITY BREACH, COMPUTER VIRUS, BUG OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; (viii) ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS; (ix) YOUR INTERACTION OR DISPUTE WITH ANY SITE MEMBER, USER OR VISITOR; PROVIDED, HOWEVER, THAT WE RESERVE THE RIGHT TO MONITOR SUCH DISPUTES; OR (x) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN MEMBERS OR USERS. THE MAXIMUM LIABILITY OF ATRINSIC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, EMPLOYEES, OR AGENTS TO YOU OR TO ANY THIRD-PARTY, IN THE AGGREGATE, UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE FEES THAT YOU HAVE PAID TO US FOR THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE CANCELLATION OF YOUR MEMBERSHIP AND TO DISCONTINUE USE OF THE SITE AND SERVICES.

18. Third-Party Websites

The Site and/or Services may provide hyperlinks, banner advertisements, pop-ups and/or other online methods to redirect you to other third-party websites that are not owned by us. We do not endorse, have no control over, and assume no responsibility for, the content, privacy policies, or practices of such third-party websites and/or the products, services or materials available on such third-party websites. By using or accessing the Site you release Atrinsic, its parents, subsidiaries, Affiliates, Licensors, employees and agents from any and all liability arising from your use of any third-party website.

19. Sweepstakes, Contest and Promotions

Any sweepstakes, contest or similar promotion made available through the Site will be governed by specific rules that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest or promotion, you will become subject to those specific rules. Our Privacy Policy may govern any information you submit in connection with such activities.

20. Electronic Communications

When communicating to us electronically through our Site or via e-mail, any personal information transmitted to us will be protected in accordance with our Privacy Policy. We assume no obligation to limit the use of or to protect any non-personal information from disclosure. The submission of non-personal information to us shall in no way prevent the disclosure, use, purchase or manufacture of any ideas, plans, services, products or the like by Atrinsic, its parents, subsidiaries or Affiliates for any purpose; and we shall be free to reproduce, use, modify, disclose and distribute such information to others without liability or restriction.

21. Copyright and Intellectual Property Concerns

The Copyright for this Site is held by Traffix. All rights reserved. We reserve the right, in our sole and absolute discretion, to disable and/or terminate the accounts of Members who, and remove any Content on the Site that may infringe upon the intellectual property rights of others. If you believe in good faith that Content or other information appearing on the Site infringes on your copyright, please provide a notice of claimed infringement to our copyright agent with the following information in written or printed form: (i) Identification of the copyrighted work claimed to have been infringed or, in the case of multiple copyrighted works, a representative list of such works; (ii) Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material on the Site; (iii) Information reasonably sufficient to permit us to contact you, such as a physical address, telephone number and, if available, an e-mail address; (iv) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or under applicable laws; (v) A statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and (vi) A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

Our designated agent for notice of alleged claims of copyright infringement can be reached by mail at: iMatchUp?, c/o Atrinsic, ATTN: Imatchup, 1 Blue Hill Plaza, Pearl River, NY 10965; by email at copyright@imatchup.com.

22. Personal Safety

You are solely responsible for your interactions with other Members and users. We do not perform background checks of any kind on our Members or users, nor do we perform any check to ensure that a Member or user is truthful in their profile or in their communications with other Members and users. Please be cautious when revealing personal information to other Members and Users. We cannot control the actions of persons with whom you choose to interact with on the Site outside of the Site. Please notify us at Complaint@imatchup.com of any alleged violations of these Terms, our Privacy Policy or any other Site rules by other Members or users.

23. Customer Service

We provide customer service support through e-mail at info@imatchup.com or by calling toll-free 800-222-4963 between 5am EST through 6pm EST 7 days per week. In order to provide customer support, we will ask for personal information, such as your e-mail address, user name, password and mobile phone number.

24. Miscellaneous

Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. These Terms, including any posted restrictions and guidelines, contain the full understanding of the parties with respect to access and usage of the Site and Content. In the event Atrinsic waives or updates any specific provision of these Terms, all other portions will remain intact. The section headings contained in this Agreement are inserted as a matter of convenience and shall not form a part thereof to be used in any manner to construe any clause or clauses of this Agreement. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement.

Atrinsic reserves the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time for any reason by posting the amended Terms and/or Policy on or within the Service. Atrinsic may decide, at our sole discretion, to give you additional notice of any changes, such as through an e-mail message or messaging within the Service. You will be deemed to have accepted all such changes to the Terms and/or Privacy Policy by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective after they are initially posted. Atrinsic may also revise other policies, codes and/or rules at any time for any reason. You will be deemed to have accepted all such changes to such policies, codes and/or rules by continuing to use the Service. No amendment to the Terms of Service or Privacy Policy shall apply to any dispute of which Atrinsic had actual notice before the date of the amendment.

In the event that Atrinisic undergoes a business transition, such as a merger, acquisition by another company, consolidation or sale of all or a portion of its assets, Atrinsic may transfer all of your information, including personal information, to the successor organization in such transition.

25. Questions?

If you have any questions about the Site or Services, please do not hesitate to contact us by mail, email or telephone:
iMatchUp
1 Blue Hill Plaza
5th Floor
Pearl River, N.Y.
10965


info@imatchup.com
(800) 222-4963


80419703.8