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Service Agreement

By using a BigTribe Consumer Service, registering on any BigTribe web site, using a Geohana license key, or uploading data to POI Sync, you consent to this Agreement.

BigTribe Service Agreement

Please read this BigTribe Service Agreement ("this Agreement"). This is a legal agreement between You and BigTribe. This Agreement governs your access to any information, postings, messages, text, graphics, files, keywords and phrases and categories, photos, videos, sounds, images, points-of-interest, events, interactive services or other materials posted to, appearing on, or transmitted through BigTribe Geohana and provided to end users ("Consumer Services"), as well as the BigTribe web sites and services allowing publishers to input data and control Consumer Services for their end users ("Publisher Services").�� BigTribe provides access to and use of the Publisher Services and Consumer Services to You subject to your acceptance of, and compliance with, this Agreement. Should you object to this Agreement, or any modification thereto, or become dissatisfied with BigTribe in any way, your only recourse is to immediately discontinue use of Publisher Services and Consumer Services.

YOU UNDERSTAND THAT BY CLICKING THE BUTTON BELOW, YOU AGREE TO BE BOUND BY THIS AGREEMENT IN THE SAME WAY A PAPER CONTRACT BINDS YOU. ALL USE OF BIGTRIBE CONTENT, SITE AND/OR SERVICES IS SUBJECT TO THIS AGREEMENT AND THE POLICIES, CONDITIONS AND INSTRUCTIONS REFERENCED IN THE SITE, WHICH ARE INCORPORATED HEREIN BY REFERENCE AND CONSIDERED PART OF THIS AGREEMENT. YOU MUST ACCEPT, WITHOUT MODIFICATION, ALL OF THE TERMS, POLICIES, CONDITIONS AND INSTRUCTIONS REFERENCED IN THIS AGREEMENT IN ORDER TO ACCESS AND USE THE CONTENT, SITE AND/OR SERVICES. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE.

Introduction

You and BigTribe Corporation ("BigTribe") mutually consent to this Agreement governing the use of BigTribe Services. "You" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by this Agreement.

BigTribe Service descriptions are online at Consumer Services, Geohana Services and POI Sync Services. Consumer Services include location-based services such as find-the-nearest, store reviews, restaurant reservations, golf reservations, advertisements, etc. "Publisher Services" include Geohana Services, POI Sync Services, and other services that help publishers. Geohana is a location-based affiliate web service allowing a web page, blog, RSS or Atom transmission ("Page" refers to any such transmission by You, and "Site" refers to a collection of Pages) to incorporate, display and offer online Consumer Services to Your Site visitors. POI Sync allows You to upload, edit and share "Context Data" about locations and events, which "Context Data" You can then through Consumer Services on your Site(s).

1. Participation

Participation in Consumer and Publisher Services is subject to BigTribe's prior approval and Your continued compliance with this Agreement. BigTribe may refuse participation to You at any time in BigTribe's sole discretion. By enrolling in Publisher Services, You represent that You are at least 18 years of age and agree that BigTribe may serve third party and/or BigTribe-provided services in connection with the Site(s) that You designate. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by BigTribe (including by electronic mail).

2. Implementation and Operation of Services

You agree to comply with the specifications provided by BigTribe from time to time to enable proper delivery, display, tracking, interactivity and reporting of BigTribe Services and BigTribe Marks (as defined below) in connection with Your Sites, including without limitation by not modifying the JavaScript or other programming provided to You by BigTribe in any way, unless expressly authorized in writing by BigTribe (including by electronic mail).

You agree not to display on the same Page where a Pagelet is displayed (a "Serviced Page") any content that an end user of Your Site(s) would reasonably confuse with a BigTribe Consumer Service or otherwise associate with BigTribe. If You have elected to receive Consumer Services on any Site(s), You agree that BigTribe will be the exclusive provider of equivalent services on such Site(s).

You agree not to intercept or log content displayed through Geohana, and you agree not to log user input to Consumer Services.

BigTribe may also include in certain services features which are unsupported under BigTribe's then current technical documentation. Such features are provided "as is" and Your use of them shall be undertaken solely at Your own risk.��

2.1. Geohana Basic

If You have elected Geohana Basic Service, You will display on Your Page(s) a BigTribe Geohana Information Box (a "Pagelet") in accordance with the specifications provided by BigTribe. Each Page that contains a Pagelet must also contain other content related to Your Site. Except for related BigTribe-initiated queries, all form submissions provided to BigTribe must originate from individual human end users inputting data directly into a Pagelet on Your Site(s).�� If you provide a third-party map allowing user interaction or other geolocating system with Your Site(s), you agree that you will notify Geohana of the "current location" as designated by the user.

You may provide a set of preferred restrictions to Geohana Basic, which may include restricting the first "nearby" results of Geohana to a subset of BigTribe points-of-interest designated by an upload to BigTribe POI Sync and/or restricting the "context actions" offered to the visitor and/or providing a fixed starting geographic location. However, with Geohana Basic, BigTribe is not bound to limit content by these constraints.

You will send any and all Pagelet interaction and all changes in "current location" (without editing, modifying or filtering such queries individually or in the aggregate) to BigTribe and BigTribe will use commercially reasonable efforts to provide You with corresponding Consumer Services, as applicable and as available. Consumer Services will be displayed within the Pagelet when feasible, or may be displayed on web pages hosted by BigTribe (each, a "Results Page"), the format, look and feel of which may be modified by BigTribe from time to time.

All Consumer Services and interactive content served in response to end user behavior shall be displayed to end users of the Site(s) in a clear and readable format. You may select a format approved by BigTribe for the display of Consumer Services in connection with the Site(s), such as with approved CSS stylesheets. You acknowledge and agree that Consumer Services: (1) shall only be displayed in connection with the Site(s), each of which is subject to review and approval by BigTribe in its discretion at any time; and (2) shall be subject to the placement guidelines set forth herein. In addition, You agree that while You may display more than one Pagelet on each Page, You shall not display any Pagelet on a page that contains Geohana Consumer Services associated with another Publisher (e.g., Your Web hosting company), unless authorized to do so by BigTribe.

2.2. Geohana Premium

If You have paid for a Geohana Premium Service license for a Site, You may use the Geohana Advanced API or Geohana License Key Management to control more aspects of display of Consumer Services, to limit the POIs displayed, to direct HTML output from different actions to different parts of the screen, to limit the "context actions offered to the visitor and/or to provide a fixed starting location. You acknowledge and agree that: (1) it is Your responsibility to enable such features in accordance with the specifications provided by BigTribe, and (2) while BigTribe will make commercially reasonable efforts to respect the controls You selected, BigTribe does not and cannot commit that Consumer Services will be limited by Your controls. If BigTribe fails to respect Your controls, You agree that a sufficient remedy is cancellation of the service and a prorated refund of relevant Geohana Premium fees remaining from the time you request cancellation.

2.4. POI Sync Context Database

POI Sync is a Publisher Service that allows You to upload, edit and delete location-specific or event-specific content ("Context Data") in a collaborative database ("Context Database"). You may upload names, locations, addresses, phone numbers, operating hours, and other attributes about locations to POI Sync.�� You acknowledge that BigTribe may correct or standardize information you supply, before it is added to the Context Database. You agree to that BigTribe may personally identify You as the source for the Context Data you have submitted.

Context Data submitted by you is not owned by BigTribe. All trademarks not owned by BigTribe that appear in the Context Database are the property of their respective owners. You assert that You are solely responsible for Context Data that you upload, edit or delete. You agree that You will only make changes through the POI Sync interface that improve the accuracy, verifiability and completeness of the Context Database in its representation of the geographical world and the activities taking place in it. You represent and warrant that you have the right to grant license to Context Data that You submit. You hereby grant to BigTribe an irrevocable, perpetual, non-exclusive, fully-paid worldwide license to use, copy, distribute, display or reference, perform, modify, reproduce, make derivative works from or enhancements to all Context Data, whether created by you or for you, in any manner that BigTribe sees fit, including, but not limited to, distribution through Publisher Services, Consumer Services, newspapers, websites, and audiovisual presentations on any media, and to grant and authorize sublicenses of the Context Data.

BigTribe does not control and is not responsible for Context Data, and by using Publisher Services or Consumer Services You may be exposed to Context Data that is offensive, indecent, inaccurate, misleading or otherwise objectionable. BigTribe may, in its sole discretion, modify, refuse, delete or move any Context Data in the Context Database. You alone bear all risks associated with the use of any Context Data, You will not rely on said Context Data, and agree that under no circumstances will BigTribe be liable for any Context Data or for any loss or damage resulting from the use of Context Data.

The compilation of Context Data in the Context Database, including all derivative works, reproductions, distributions, public performances and displays, and enhancements and modifications thereof, are the exclusive property of BigTribe and protected by United States and international copyright laws. You agree you will not use screen-scraping, or any other mechanism using Context Data owned by others than yourself, to reconstruct the contents Context Database outside the control of BigTribe.�� You agree you will not use the Context Data history mechanism to contact Context Data contributors, such as to obtain Context Data through a mechanism other than through BigTribe's Publisher Services.

2.5. POI Sync Basic��

POI Sync Basic is a Publisher Service that allows you to add new data to the Context Database, but does not allow you to download improvements or changes. In the process of adding Context Data to the Context Database, BigTribe may correct and standardize addresses, or otherwise validate or process the data. You agree that you will not screen-scrape or otherwise aggregate Context Data from the Context Database for Your own use.

2.6. POI Sync Premium��

POI Sync Premium is a fee-based Publisher Service that includes the features of POI Sync Basic, and additional POI Sync Premium Features. You can download improvements or changes to Context Data that you originated, whether such improvements or changes were supplied by yourself, by BigTribe or by other Publishers. You can view the history of POI Sync Premium Publishers can place controls on their Context Data to limit the effects of other Publishers, and can register for notification when such Context Data changes.

You agree that: (1) it is Your responsibility to enable POI Sync Premium Features in accordance with the specifications provided by BigTribe, and (2) while BigTribe will make commercially reasonable efforts to respect the POI Sync Premium Features You selected, BigTribe does not and cannot commit that those features will work properly. If BigTribe fails to respect Your selected POI Sync Premium Features, You agree that a sufficient remedy is cancellation of the POI Sync Premium Service and a prorated refund of relevant POI Sync Premium fees remaining from the time you request cancellation.

3. Communications Solely With BigTribe

You agree to direct to BigTribe, and not to any vendor or advertiser, any communication regarding any Consumer Services displayed in connection with Your Sites.

4. Parties' Responsibilities

You are solely responsible for the Sites, including all content and materials, maintenance and operation thereof, the proper implementation of BigTribe's specifications, and adherence to the terms of this Agreement. BigTribe reserves the right to investigate, at its own discretion, any activity that may violate this Agreement, including but not limited to any use of a software application to access Consumer Services, Publisher Services, Geohana-supplied content or to complete any interaction with a Consumer Service, or any engagement in any activity prohibited by this Agreement. BigTribe is not responsible for anything related to Your Sites, including without limitation the receipt of queries from end users of Your Sites or the transmission of data between Your Sites and BigTribe. In addition, BigTribe shall not be obligated to provide notice to You in the event that any Consumer Service is not being displayed properly to, or Consumer Service interaction is not being completed properly by, end users of the Sites.

5. Prohibited Uses

You shall not, and shall not authorize or encourage any third party to: (1) directly or indirectly generate form submissions, Consumer Service interactions, or impressions of or clicks on any Consumer Service through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated form submission tools and/or computer generated form submissions, and/or the unauthorized use of search engine optimization services and/or software; (2) edit, modify, filter or change the order of the information contained in any Consumer Service, or remove, obscure or minimize any Consumer Service in any way; (3) frame, minimize, remove or otherwise inhibit the full and complete display of any web page accessed by an end user after clicking on any part of an Consumer Service, or any Results Page; (4) redirect an end user away from any Consumer Service or Results Page; provide a version of the Consumer Service or Results Page that is different from the page an end user would access by going directly to the Consumer Service or Results Page; intersperse any content between the Consumer Service and the Results Page; or otherwise provide anything other than a direct link from a Consumer Service to its Results Page; (5) display any Consumer Services on any error page, on any registration or "thank you" page (e.g., a page that thanks a user after he/she has registered with the applicable Web site), on any chat page, in any email, or on any Page or any Site that contains any pornographic, hate-related, violent, or illegal content; (6) directly or indirectly access, launch, and/or activate Consumer Services through or from, or otherwise incorporate the Consumer Services in, any software application, Web site, or other means other than Your Site(s), and then only to the extent expressly permitted by this Agreement; (7) "crawl", "spider", index or in any non-transitory manner store or cache information obtained from any Consumer Services, Pagelets, Result Pages, or any part, copy, or derivative thereto; (8) act in any way that violates BigTribe Policies, as may be revised from time to time, or any other agreement between You and BigTribe (including without limitation this Agreement), or engage in any action or practice that reflects poorly on BigTribe or otherwise disparages or devalues BigTribe's reputation or goodwill. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.

6. Termination; Cancellation

Subject to any third party agreements You may have with other BigTribe customers (e.g., Your Web hosting company), You may stop displaying Consumer Services or Pagelets on any Page with or without cause at any time by removing the BigTribe JavaScript or similar programming from Your Pages. You may terminate this Agreement with or without cause at any time by logging into BigTribe's Account Management and deleting your account. This Agreement will be deemed terminated within ten (10) business days of Your account deletion. BigTribe may investigate any activity that may violate this Agreement. BigTribe may at any time, in its sole discretion, terminate all or part of Publisher Services, terminate this Agreement with You, or suspend or terminate the participation of any Site in all or part of Publisher Services for any reason. In addition, BigTribe reserves the right to terminate without notice any Geohana Basic license key that has not generated a sufficient amount of revenue from Consumer Services (in each case as measured by BigTribe) for a period of two (2) months or more. Upon termination of participation of any Site in Geohana or termination of this Agreement for any reason, Sections 3, 6 through 10, and 14 through 17 shall survive termination.

7. Confidentiality

You agree not to disclose BigTribe Confidential Information without BigTribe's prior written consent. "BigTribe Confidential Information" includes without limitation: (a) all BigTribe software, technology, programming, specifications, materials, guidelines and documentation relating to Geohana or POI Sync; (b) click-through rates or other statistics relating to Site performance provided to You by BigTribe; and (c) any other information designated in writing by BigTribe as "Confidential" or an equivalent designation. However, You may accurately disclose the amount of BigTribe's gross payments to You pursuant to Publisher Services. BigTribe Confidential Information does not include information that has become publicly known through no breach by You or BigTribe, or information that has been (1) independently developed without access to BigTribe Confidential Information, as evidenced in writing; (2) rightfully received by You from a third party; or (3) required to be disclosed by law or by a governmental authority.

8. No Guarantee

BigTribe makes no guarantee regarding the revenue obtained from Consumer Services, the timing of delivery of such Consumer Services, the delivery of Result Pages, or the amount of any payment to be made to You under this Agreement.

9. No Warranty

BIGTRIBE MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO CONSUMER SERVICES, PAGELETS, PUBLISHER SERVICES, ADVERTISING, LINKS AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE EXTENT CONSUMER SERVICES OR PAGES ARE BASED ON NON-BIGTRIBE CONTENT, BIGTRIBE SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH CONSUMER SERVICES OR PAGES.

10. Limitations of Liability; Force Majeure

EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO PUBLISHER SERVICES, (1) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (2) BIGTRIBE'S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE NET AMOUNT PAID BY YOU TO BIGTRIBE DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

11. Payment

Some vendors operating under control of Consumer Services provide commissions, advertising fees or other compensation to BigTribe.�� In some cases, BigTribe itself may charge the consumer for premium content or services.�� You shall receive a payment related to the net revenue to BigTribe from completion of such "Compensated Consumer Services" by Your users, in each case as determined by BigTribe for its Publishers. If You have elected Geohana Premium, this payment will be offset by fees applicable to Geohana Premium. Unless otherwise agreed to by the parties in writing (including by electronic mail), payments to You shall be sent by BigTribe within approximately thirty (30) days after the end of each quarter that Consumer Services or Pagelet(s) are running on Your Site if Your earned balance is $100 or more. In the event the Agreement is terminated, BigTribe shall pay Your earned balance to You within approximately ninety (90) days after the end of the calendar month in which the Agreement is terminated by You (following BigTribe's receipt of Your written request, including by email, to terminate the Agreement) or by BigTribe. In no event, however, shall BigTribe make payments for any earned balance less than $10. Notwithstanding the foregoing, BigTribe shall not be liable for any payment based on: (a) any amounts which result from invalid form submissions, invalid consumer interactions, improperly completed transaction (such as a consumer who reserves a restaurant table but fails to show up, or a credit card declination), or invalid clicks or impressions on Consumer Services generated by any person, bot, automated program or similar device, as reasonably determined by BigTribe, including without limitation through any interactions (1) originating from Your IP addresses or computers under Your control, (2) solicited by payment of money, false representation, or request for end users to click on Consumer Services, or (3) solicited by payment of money, false representation, or any illegal or otherwise invalid request for end users to complete Consumer Services; (b) Consumer Services delivered to end users whose browsers have JavaScript disabled; (c) Consumer Services benefiting charitable organizations; (d) BigTribe advertisements for its own products and/or services; or (e) clicks co-mingled with a significant number of invalid clicks described in (a) above, or as a result of any breach of this Agreement by You for any applicable pay period. BigTribe reserves the right to withhold payment or charge back Your account due to any of the foregoing or any breach of this Agreement by You, pending BigTribe's reasonable investigation of any of the foregoing or any breach of this Agreement by You, or in the event that a vendor offering Compensated Consumer Services transacted on Your Site(s) defaults on payment for such Compensated Consumer Services to BigTribe. In addition, if You are past due on any payment to BigTribe in connection with any BigTribe service, BigTribe reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to You in connection with Publisher Services by amounts owed by You to BigTribe. To ensure proper payment, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account. For U.S. taxpayers, this information includes without limitation a valid U.S. tax identification number and a fully-completed Form W-9. For non-U.S. taxpayers, this information includes without limitation either a signed certification that the taxpayer does not have U.S. Activities or a fully-completed Form W-8 or other form, which may require a valid U.S. tax identification number, as required by the U.S. tax authorities. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with Your participation in Publisher Services. BigTribe may change its pricing and/or payment structure at any time. If You dispute any payment made under Publisher Services, You must notify BigTribe in writing within thirty (30) days of any such payment; failure to so notify BigTribe shall result in the waiver by You of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by BigTribe. No other measurements or statistics of any kind shall be accepted by BigTribe or have any effect under this Agreement. The payments made under this Agreement are for use by You only and may not be transferred or in any manner passed on to any third party (i.e., distributed to Sites managed by You that require separate payments) unless expressly authorized in writing by BigTribe (including by electronic mail).

12. Publicity

You agree that BigTribe may use Your name and logo in presentations, marketing materials, customer lists, financial reports, BigTribe web sites, Publisher Services and Consumer Services. If You wish to use BigTribe's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("BigTribe Mark"), You may do so, so long as such use is in compliance with this Agreement. You may not (1) Display a BigTribe Mark as the most prominent element on your web page; (2) Display a BigTribe Mark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by BigTribe, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of BigTribe or BigTribe personnel; (3) Display a BigTribe Mark on any Web site that contains or displays adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under twenty-one years of age, or otherwise violates applicable law; (4) Display a BigTribe Mark in a manner that is in BigTribe's sole opinion misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to BigTribe; (5) Display a BigTribe Mark on a site that violates any law or regulation; (6) Frame or mirror any BigTribe page other than through approved Geohana APIs; or (7) Remove, distort or alter any element of a BigTribe Mark.

13. Representations and Warranties

You represent and warrant that (a) all of the information provided by You toBigTribeto enroll inGeohanais correct and current; (b) You are the owner of each Site or that You are legally authorized to act on behalf of the owner of such Site(s) for the purposes of this Agreement and Publisher Services; (c) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (d) You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in Your performance of any acts hereunder. You further represent and warrant that each Site and any material displayed therein: (1) comply with all applicable laws, statutes, ordinances, and regulations; (2) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (3) are not pornographic, hate-related or otherwise violent in content.

14. Your Obligation to Indemnify

You agree to indemnify, defend and holdBigTribe, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of Publisher Services, the Site(s), and/or Your breach of any term of this Agreement.

15. BigTribe Rights

You acknowledge that BigTribe owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to Publisher Services and Consumer Services (including BigTribe Marks, and excluding items licensed by BigTribe from third parties), and that You will not acquire any right, title, or interest in or to Publisher Services or Consumer Services except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any BigTribe services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to Publisher Services or Consumer Services or proprietary information related thereto. You will not remove, obscure, or alter BigTribe's copyright notice, BigTribe Marks, or other proprietary rights notices affixed to or contained within any BigTribe services, software, or documentation (including without limitation the display of BigTribe Marks with Consumer Services as applicable). "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

16. Information Rights

BigTribe may retain and use, subject to the terms of the BigTribe��Consumer Privacy Policy, all information You provide, including but not limited to Site demographics and contact and billing information. You agree that BigTribe may transfer and disclose to third parties personally identifiable information about You for the purpose of approving and enabling Your participation in Publisher Services, including to third parties that reside in jurisdictions with less restrictive data laws than Your own. BigTribe may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. BigTribe disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party. BigTribe may share non-personally-identifiable information about You, including Site URLs, Site-specific statistics and similar information collected by BigTribe, with advertisers, business partners, sponsors, and other third parties. In addition, You grant BigTribe the right to access, index and cache the Site(s), or any portion thereof, including by automated means including Web spiders or crawlers.

17. Miscellaneous

This Agreement shall be governed by the laws of California, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in San Francisco, California. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or by Your continued use of Publisher Services or Consumer Services after such terms have been updated by BigTribe. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to BigTribe. Notwithstanding the foregoing, BigTribe may assign this Agreement to any affiliate at any time without notice. The relationship between BigTribe and You is not one of a legal partnership relationship, but is one of independent contractors.
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