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Terms & Conditions

Celebrity Squares™ Member Terms

Last Updated: October 28, 2010

Welcome to the Celebrity Squares™ website located at www.celebritysquares.com (the "Website"). The Website and Celebrity Squares™ service (the "Service") are each owned and operated by Celebrity Squares, LLC ("Celebrity Squares™," "we" or "us"). By using and/or accessing the Website and/or Service, you are agreeing to comply with, and be bound by, the following Celebrity Squares™ Member Terms, as well as the Celebrity Squares™ Privacy Policy , Celebrity Squares™ Sweepstakes Rules and any other Celebrity Squares™ operating rules policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, "Member Terms"). Please review the Member Terms carefully. If you do not agree to the Member Terms in their entirety, you are not authorized to use the Website or the Service.

We may amend the Member Terms from time to time without specific notice to you except that any amendment or modification (i) to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") or (ii) to the pricing and/or billing provisions ("Billing Provisions"), won't apply to any disputes or charges incurred prior to the applicable amendment or modification. Your continued use of the Service or the Website constitutes your agreement to any changes to the Member Terms in effect at that time (other than with respect to changes to the Dispute Resolution Provisions or the Billing Provisions, which will apply only on a going forward basis only as noted above). We will post the latest Member Terms on the Website. Therefore, you should regularly check the Website for any updates or changes.

Summary

The following summary is intended to present certain important aspects of your relationship with Celebrity Squares. For complete details, please review the remainder of the Member Terms.

The Service is a subscription service that gives you access to weekly progressive celebrity trivia games, celebrity news and other content. We offer a premium mobile subscription membership ("Premium Membership") for $9.99 a month that will automatically renew and be billed to your mobile phone bill or deducted from your prepaid account until you cancel your Membership. Message and data rates may apply. The Service is not available on all carriers and requires a handset capable of sending and receiving text messages. We reserve the right to not accept prepaid mobile phone accounts. You must be a legal resident of the U.S. and have the mobile phone account holder's consent to subscribe. The Service is not available to users under 13 years of age or to Florida State residents under 18 years of age. If you are between the ages of 13 and 18 years old, a parent must subscribe on your behalf. We also offer a no-charge basic membership ("Basic Membership" ; the Basic Membership together with the Premium Membership are referred to as a "Membership").

You can cancel your Membership at any time by texting "STOP" to 258258 or by calling 800-477-3913. You can get customer service by texting "HELP" to 258258, by visiting www.celebritysquares.com/support or by emailing cs_support@CelebritySquares.com.

When you subscribe for a Premium Membership or register for a Basic Membership, we will establish an account for you. Each household can only establish and maintain one account at any given time. For Premium Members, we will send the first celebrity trivia question for that week's game to their mobile phone. If you respond to the trivia question we will send another trivia question, up to fifteen (15) per week. You can control how often we contact you, and certain other aspects of the Service, through text message commands or on the control panel located at the Website. Each time a Premium Member answers a trivia question, they will be automatically entered into the then-current drawing or sweepstakes. Basic Members may answer trivia questions by logging onto their account at www.celebritysquares.com and will receive a sweepstakes entry for each trivia question they answer. We also award loyalty points to Basic and Premium Members when they answer a trivia question; the number of points awarded depends on whether they answer correctly. We may also award points when they complete their profile or do other activities we may specify from time to time. Members may redeem loyalty points for merchandise, gift cards and downloadable rewards such as ringtones and email rewards codes; downloadable content is currently only available to AT&T, Dobson, Nextel, Sprint, Verizon Wireless, and T-Mobile subscribers.

Mobile Phone Safety; Messaging Charges; International

Celebrity Squares urges you to never use your mobile phone to access the Service or to otherwise send text messages while operating a car or other motorized vehicle or in any other situation where accessing the Service and/or sending text messages is unsafe and you expressly agree, as a condition of your subscription to the Service, that you will not do so. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, DIRECT OR INDIRECT DAMAGES OR ANY OTHER LOSS THAT YOU MAY SUFFER OR INCUR AS A RESULT OF USING THE SERVICE WHILE OPERATING A CAR OR OTHER MOTORIZED VEHICLE OR IN ANY OTHER SITUATION WHERE ACCESSING THE SERVICE IS UNSAFE TO YOU OR ANY THIRD PARTY.
If you are a Premium Member, you should be aware that we will regularly be sending you text messages. As messaging and data charges may apply to these text messages, you may wish to consider a plan that provides unlimited text messaging for a fixed monthly fee to avoid per message charges.

If you travel internationally, you should also be aware that some wireless carriers impose extra charges for text messages received when you are outside of the country even if you are on a text messaging plan that provides unlimited text messaging domestically for a fixed monthly fee. Please check with your wireless carrier if you plan to travel internationally.

Terms of Service

1. REGISTRATION

1.1 Membership Types; Registration Information: We offer two types of membership: Premium Membership and Basic Membership. Each household can only establish and maintain one account at any given time. You must be a legal resident of the U.S. and have the mobile phone account holder's consent to subscribe. The Service is not available to users under 13 years of age or to Florida State residents under 18 years of age. If you are between the ages of 13 and 18 years old, a parent must subscribe on your behalf.

To apply for Membership, you must provide us with certain required information; we also ask for other information that is optional ("Registration Information"). We collect some of the Registration Information via your mobile phone when you sign-up for a Premium Membership and other Registration Information on the Website. You agree to provide true and accurate Registration Information, and to update that Registration Information as it changes. If we determine that your Registration Information is untrue, inaccurate, not current or incomplete, then we may suspend or terminate your Membership.

1.2 Premium Member: To apply for a Premium Membership, you must enter your mobile phone number and hit the submit button on the Premium Membership sign-up page. Currently, you can also initiate sign-up via a WAP page (a browser page on your mobile phone), in response to an IVR (integrated voice response) or in response to television or print ads; we may use or develop other means of initiating sign-ups for the Service. The Service is not available on all carriers and requires a handset capable of sending and receiving text messages.

For sign-ups initiated on the Premium Membership sign-up page or WAP page, if your application is approved, we will send a confirmation PIN Number to the mobile phone number that you provided with your application. By entering the confirmation PIN Number on the PIN submit page on the Website, by replying "YES" via text message to the confirmation text message that we sent to your mobile phone or by completing all steps of the IVR or any other sign-up procedure that we may use, you acknowledge and agree that: (i) you will be enrolled in a subscription-based premium service at $9.99 per month("Monthly Fee") that will be billed to your mobile phone account or deducted from your prepaid account; (ii)you expressly consent to receive text messages from us as part of the Service (you can control the frequency of the text messages we send as described below); (iii) the Monthly Fee will appear on your monthly mobile phone bill as "Celebrity Squares" (this may vary depending on your mobile phone carrier, however, please be advised that Celebrity Squares™ and your mobile phone carrier are not affiliated); (iv) you have read, understood and agree to the Member Terms, Celebrity Squares Privacy Policy and Celebrity Squares Sweepstakes Rules in their entirety and (v) if we are unable to bill the Monthly Fee for three consecutive months, you agree that your Premium Membership will be automatically converted to an ad-supported Basic Membership. You are responsible for paying any sales, use or other taxes related to the Service. We obtain authorization to provide and bill for the Premium Membership by your electronic signature. Once you confirm your application for a Premium Membership by entering the PIN number or by replying YES to 258258 from your cell phone, this electronic order constitutes an electronic letter of agency authorized by your electronic signature in accordance with the Member Terms. We are relying on your electronic signature on the registration page pursuant to the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Commerce Act. Both of these laws specifically preempt state laws that recognize only paper records or handwritten signatures.

We reserve the right to change our pricing and/or billing practices at any time. We will submit all increases in prices and material changes in our billing practices to Premium Members for review prior to their taking effect. Each Premium Member will have 10 days to cancel their Premium Membership where he/she does not consent to any material change in our billing practices or pricing increase. While you are a Premium Member, you will be billed and will be responsible for paying, all applicable charges. Failure to use your Premium Membership does not constitute a basis for refusing to pay any of the Monthly Fee. If a Premium Member cancels their Membership, we will not refund any fees that have already been paid.

1.3 Basic Membership Sign-Up: To apply for a Basic Membership, you must submit your email address and click the submit button on the Basic Membership sign-up page. If your application is approved, we will email you a unique confirmation link or URL. We will also send a separate email containing a unique username and password which must be entered on the webpage directed to by the confirmation link. By activating the confirmation link or visiting the URL, you acknowledge and agree that: (i) you will be enrolled in a free, ad-supported, Internet-based service without mobile access privileges; (ii) we may integrate advertising messages in with the presentation of the Website to you; (iii) you will receive delivery of email-based advertising content as an integral part of your Basic Membership; and (iv) you have read, understood and agree to the Member Terms, Celebrity Squares Privacy Policy and Celebrity Squares Sweepstakes Rules in their entirety. You may upgrade from a Basic Membership to a Premium Membership as described below.

1.4 Minors: If you are a parent permitting a minor to use the Website and/or Service, you agree to: (i) exercise supervision over the minor's use of Website and/or Service; (ii) assume all risks associated with the minor's use of content received through the Website and/or Service, as well as the minor's transmission of materials, content or other information to another person via the Internet; (iii) assume liabilities resulting from the minor's use of Service, including payment obligations associated with their Premium Membership; and (iv) ensure, to the fullest extent possible, the accuracy and truthfulness of all Registration Information submitted by the minor.

1.5 Your Account: Upon our approval of your Membership application, we will establish an account for you ("Account") to keep track of your voting history and your Loyalty Points (defined below). Members will be granted access to the Website by means of a user ID ("User ID") and password or their PIN (collectively, "Password"). You are responsible for maintaining the confidentiality of your User ID, Password and Account. You agree that you will not authorize and/or permit others to use your Account and we will not be responsible for any unauthorized use of your Account. Although we have no obligations arising from unauthorized use of your Account, you should immediately notify us through our customer service contact information if there's any unauthorized use of your User ID, Password or Account.

1.6 Text Messages and Other Communications: By providing your mobile telephone number, you expressly consent to receive a sign-up text message from us. In most circumstances, the text message that you receive in connection with the sign-up process will contain a unique, four digit personal identification number which is used to set up your account. If your wireless carrier does not support our Service, or you do not complete the sign-up process in full, you expressly consent to receive one promotional text message from us. By signing-up as a Premium Member, you expressly consent to receive communications from us periodically via text message. As a Premium Member, you may control the frequency with which you receive communications by changing your account preferences on the Website.

2. SERVICE

2.1 Service Description: Celebrity Squares provides a weekly progressive trivia game (the "Game") where Members answer trivia questions relating to current news about celebrities via either text message for Premium Members or on the Website for Basic Members. We also provide a celebrity news alert service. Both the Game and celebrity news alert service are provided for entertainment purposes.

After you establish an Account, you may log in to the Celebrity Squares website at www.CelebSquares.com. Both Basic and Premium Members may view and edit personal information in the MyProfile section of the Website. Members may also redeem any Loyalty Points they have earned for items in the Rewards catalog.

In general, we will send one trivia question to Premium Members via text message per week.at the beginning of the weekly progressive trivia game round. Currently, Game rounds start each week on Monday at 12:00:00 AM, EST and finish on Sunday at 11:59:59 PM, EST. We reserve the right to change the start and end times for game rounds. Basic Member can access this question online. Members play by answering celebrity trivia questions - Premium Members, by responding, via text message and Basic Members, by responding online. If a Member responds to a question, we will send another one until they stop responding or they have responded to all of the questions for that week's Game. We normally have fifteen (15) questions per weekly Game round but the number can vary. If a Member doesn't answer all of the trivia questions from a Game round, the Member can resume Game play by texting "GET" to 258258 or, for Basic Members, by accessing additional questions online.

If a Member starts a Game by responding to at least one trivia question, they are automatically entered into the current sweepstakes drawings. Currently we offer monthly, quarterly and a Grand Prize sweepstakes which have cash prizes and periodic Fast-Prize drawings which generally have prizes that are merchandise or gift cards. Refer to the Sweepstakes Rules at www.CelebSquares.com/rules for the complete rules which are subject to revision from time to time.

We reserve the right to modify these game rules on a temporary or permanent basis either by modifying these rules or by posting a temporary notification on the "Current Game" section of the MyProfile page on the Website.

Premium Members can get news alerts by sending the text command "NEWS" to short code 258258. Members may also logon on to the Website and view celebrity news headlines, full stories for those headlines, and other news headlines and stories that we receive from our sources for at least the preceding fifteen (15) days.

You understand and agree that we assume no responsibility for the timeliness, deletion, mis-delivery, non-delivery or failure to store any Content.

2.2 Loyalty Points; Loyalty Point System: Members can redeem Loyalty Points for Rewards selected from a catalog made available on the Website ("Rewards Catalog").The award of Rewards and Loyalty Points, the process of redeeming Loyalty Points for specific Rewards and the delivery of those Rewards to Members, comprises the "Loyalty Points System." Loyalty Points are not redeemable for cash and have no cash value.

Members' Loyalty Point balances will be displayed on the "MyProfile" page of the Website, as well as on the Rewards Catalog page when a Member is logged into their Account. Our accounting of a Member's then-current Loyalty Point balance is definitive and final provided that we may make adjustments if there is an error. As each household can only establish and maintain one Account at any given time, we may terminate the Account of any Member who has established multiple Accounts and void any Loyalty Points earned by such person. We may also terminate the Account and void the Loyalty Points of any person who we reasonably believe is accumulating or attempting to accumulate Loyalty Points by using any means or device such as a robot, spider, computer script or other automated, artificial or fraudulent method designed to respond to Surveys and/or appear like an individual or otherwise "game" the Loyalty Point System.

Rewards featured in the Rewards Catalog, or in any advertisement or marketing material ("Advertisement"), are subject to availability and we may change or remove a Reward at any time without notice and may also change the number of Loyalty Points required to redeem a particular Reward. We reserve the right to substitute out-of-stock, discontinued or otherwise unavailable Rewards with articles of equal or greater value.

When a Member redeems a Reward, we will deduct the corresponding number of Loyalty Points from that Member's Account. If a Member redeems a Reward for which they have a Reward-specific Loyalty Point, any applicable Reward-specific Loyalty Point will be used first (i.e., where the Member has 3 Loyalty Points and 2 ringtone Loyalty Points, and that Member elects to obtain 2 ringtones, the 2 ringtone Loyalty Points will be redeemed first). Rewards may be: (a) downloadable directly to the Member's mobile phone ("Downloadable Rewards"); (b) in the form of codes sent to the Member's email account ("Email Reward Codes"); or (c) physical goods ("Physical Rewards").

Downloadable Rewards: Not all carriers or mobile phone models support our Downloadable Rewards. We will use our reasonable efforts to let you know whether your mobile phone can receive Downloadable Rewards. If you elect to receive a Downloadable Reward and it does not load on your mobile phone, please contact Customer Service.

Email Reward Codes: Members should ensure the accuracy of their email addresses on file at all times, as misdirected Email Reward Codes will not be replaced. Members are responsible for ensuring that they are able to receive email from Celebrity Squares at the email address provided by the Member on the MyProfile page. We assume no responsibility for properly directed email containing Email Reward Codes that are not received by Members due to email filtering or restriction by a Member's Internet Service Provider, email provider, email software, spam filter software or other software, hardware or service outside of our control.

Physical Rewards: We will pay all shipping and handling fees associated with Physical Rewards. You will be asked to provide a shipping address when you redeem Loyalty Points for a Physical Reward.

The Rewards featured in the Catalog, the Advertisements, the Website and otherwise: (a) are provided by the applicable Reward manufacturer, distributor or retailer ("Reward Manufacturer"); and (b) contain descriptions that are provided directly by such Reward Manufacturer. As a result, we have no control over: (i) the quality, safety or legality of the Rewards; and/or (ii) the truth or accuracy of the Reward listings. We do not represent or warrant that the descriptions of the Rewards are accurate or complete. Warranty claims, requests for technical or customer support, and returns for malfunction or damage to Rewards should be communicated to the applicable Reward Manufacturer and not to us.

Trademarks associated with any of the Rewards are the intellectual property of their respective owners, and mention or display of the trademarks does not indicate endorsement, sponsorship or affiliation by the trademark owners of or with us or any of our promotions.

3. SWEEPSTAKES: We may offer sweepstakes from time to time. We are currently offering monthly and quarterly drawings, a promotion-end grand prize drawing, and periodic "Fast Prize" merchandise drawings ("Sweepstakes"). All Sweepstakes are offered in our exclusive discretion. A Member's participation in a Sweepstakes is governed by the applicable Sweepstakes Rules published on the Website. Basic Members are eligible to participate in all Sweepstakes at no cost by playing the Game online as described in the applicable Sweepstakes Rules. Please refer to the applicable Sweepstakes Rules for eligibility, how to enter, no cost alternative means of entry and other terms and conditions.

4. TERMINATION/CANCELLATION; CUSTOMER SERVICE:

4.1 Termination - Premium Members: A Premium Member may cancel his/her Premium Membership at any time by: (i) texting "STOP" to 258258; (ii) contacting us on the customer service section of the Website located at http://CelebSquares.com/support ; (iii) calling our toll free number: 800-477-3913; (iv) clicking the "Delete My Account" link at the bottom of the MyInfo page in the MyProfile section of the website; or (v) emailing us at cs_support@Celebrity Squares.com. There is no charge to terminate a Premium Membership. A terminated Premium Membership will automatically be converted into a Basic Membership. Converting to a Basic Membership enables former Premium Members to access and redeem their accumulated Loyalty Points until they expire and to continue to answer trivia questions via the Website. Upon conversion to a Basic Membership, Basic Members will no longer be able to access the Service by mobile phone. We will not refund Monthly Fees paid prior to the termination date and the Premium Member shall remain liable for any unpaid charges previously billed to the Premium Member's mobile phone bill.

We reserve the right to cancel any Premium Member's Membership at any time by refunding any pre-paid Monthly Fees for the then-current month or by not renewing a Premium Membership after the then-current billing period.

If at any time any Premium Member fails to or refuses to pay for the Service, or seeks or obtains a refund for Service previously rendered, then we have the right to terminate the Premium Member's Account without prejudice to our other rights. If we are no longer able to bill the Monthly Fee to a Premium Member for three consecutive months, we may convert their Membership to a Basic Membership. A Member who has been converted to a Basic Membership may cancel his/her account by any of the steps specified in the section "Termination — Basic Members."

Any requests for refunds of Monthly Fees paid by a Premium Member must be submitted to us and shall be granted in our sole discretion. If any Premium Member obtains a refund for the Service from both their mobile phone carrier and from us for the same period of Service, then the Premium Member agrees to reimburse us for the duplicate refund by repaying to us the amount of any refund that the Premium Member obtained from us that is in addition to a refund that the Premium Member obtained from their mobile phone carrier.

Where a Premium Member transfers their mobile phone number to a different carrier, we are required by carrier regulations to cancel the Member's Premium Membership which will then be converted to a Basic Membership. After we receive notice of the transfer, we will not be able to contact the Premium Member via text message. The Member may reinstate their Premium Membership without loss of voting history, Loyalty Points or Sweepstakes eligibility by upgrading their Basic Membership to a Premium Membership at the Website; provided, that enrolling as a Premium Member through any means other than the Website may result in a loss of that Member's voting history and/or Loyalty Point balance.

4.2 Termination — Basic Members: A Basic Member may cancel his/her Basic Membership at any time by: (i) clicking the "Delete My Account" link at the bottom of the MyInfo page in the MyProfile section of the website; or (ii) calling, toll free, 1-800-477-3913. Where a Basic Member terminates his/her Basic Membership, his/her Loyalty Points will expire immediately, he/she will no longer be able to log on to the Website and the license to use the Service and Website will immediately terminate.

4.3 Termination For Cause; Disputes: If we believe that any Member is violating the Member Terms, we may terminate the Member's Account without notice and without further obligation to the Member. In that event, the Member's Loyalty Points will expire immediately, such Member will no longer be able to log on to the Website and the license to use the Service and Website shall immediately terminate.

Each Member's sole recourse with respect to any dispute with us is to cancel their Membership except that with respect to any Sweepstakes issue, the applicable Sweepstakes Rules shall prevail.

4.4 Customer Service: Members may obtain support at any time through the Website at www.CelebSquares.com/support or via email at cs_support@Celebrity Squares.com. Premium Members may also get support by calling toll free, 1- 800-477-3913 or by texting "HELP" to 258258 at any time to receive summary information about their Accounts and instructions on how to access additional customer service.

5. ACCEPTABLE USE

5.1 Use: You agree not to interfere, permit the use of your Membership or Account by another to interfere, with the normal processes or use of the Service by other Members, including by attempting to log in to the accounts of other Members, attempting to access administrative areas of the Website, attempting to systematically extract Content from the Service beyond patterns consistent with personal use or by submitting text commands or Internet-based requests in such a volume that is likely to overwhelm our servers or interfere with the ordinary operation of the Service. You agree to report any violation of the Member Terms by others that you become aware of by contacting us at: abuse@CelebritySquares.com.

5.2 Submissions: If you submit any quotations, photographs, comments or other material or content to the Service, either through the Website or via text messages (collectively, "Submissions"), you agree not to: (i) submit libelous or defamatory Submissions; (ii) submit any Submissions that violate any local, state or federal law; (iii) display any telephone numbers, street addresses, last names, URLs, email addresses or any confidential information of any third party; (iv) submit any audio files, text, photographs, videos or other images containing confidential information or material that may be deemed indecent or obscene in your community, as defined under applicable law; (v) impersonate, "stalk" or harass any person or entity; (vi) transmit any chain letters, spam, junk text or email; (vii) express or imply that any statements that you make are endorsed by us, without our specific prior written consent; (viii) harvest or collect personal information of visitors to the Website or other Members whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; (x) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) interfere with or disrupt any of the Website's functions, the Service and/or the servers or networks connected to the Website; (xii) post, offer for download, text, email or otherwise transmit any material that contains software viruses or any other computer code, files or content designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, content designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, content designed to initiate "denial of service" attacks, mail bomb content and content designed to gain unauthorized access to networks on the Internet; and/or (xiii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website.

By submitting any photograph(s) to us, you represent and warrant that: (a) you have the exclusive copyright to the photograph(s); (b) you have the consent of all individuals depicted in the photograph(s) (by parent or guardian in the case of a minor) for use by us; and (c) we may use the photograph, in its original or any edited, revised or retouched form, in any and all media, without further compensation to you. You hereby grant us a perpetual, global and irrevocable right to use any Submissions, Registration Information and any quotations or comments for promotional purposes and in connection with publishing the statistics and scores of our Survey participants as well as the winners of any applicable Sweepstakes, should you qualify, all without further consideration or compensation.

5.3 U.S. Compliant: The Website is hosted in the United States of America ("U.S."), is intended to be compliant only with U.S. laws and regulations, and is intended for use only in the U.S. You agree that you will not access the Website or use the Service outside the U.S.

5.4 Necessary Equipment and Services: Use of certain aspects of the Service requires a mobile phone capable of sending and receiving text messages, and a mobile phone service plan that permits receiving premium text messages for which a charge appears on your mobile phone bill. The Service is not available on certain mobile phone service provider platforms. Use of other aspects of the Service requires access to the Internet and the Website through which your Service is configured, customized and controlled.

5.5 Content: We are not responsible in any manner for, and do not guarantee the suitability, availability or non-infringement of, any Content or Submissions by other Members, or links to other content or services that may be distributed as Content or otherwise on or through the Website. The Content contains information and material provided by our third party partners and the Submissions contain material provided by other Members. We undertake no responsibility to monitor or otherwise police the Submissions or Content. You agree that we shall have no obligations and incur no liabilities to any party in connection with any material appearing within the Submissions, Content, Surveys and/or Updates. We do not represent or warrant that the Content and/or Submissions posted on the Website and/or sent to you via text message, as applicable, is/are accurate, complete or appropriate. You understand and agree that we are not responsible or liable in any manner whatsoever for your inability to use the Service and/or Surveys, Updates and/or Sweepstakes, or for any dispute between you and other Members or other third parties.

5.6 News Content Provided by WENN

We obtain our news content under license from World Entertainment News Network Limited ("WENN"). Neither WENN nor any third-party licensor shall have any liability for the accuracy or completeness of the this service or any component thereof or for delays, unauthenticity, omissions or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including without limitation, any lost profits, indirect, special or consequential damages. Either WENN or third-party licensors have exclusive proprietary rights in the information received via the service. Customer, end-user or visitor, as applicable, shall not use or permit anyone to use the information provided through the service for any unlawful or unauthorized purpose. Customer, end user, or visitor, as applicable, is not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of WENN. Provision of the information on the service is subject to termination in the event that any agreement between a third-party licensor and a provider of information distributed through the service is terminated in accordance with its terms. WENN, third-party licensors and their subsidiaries, affiliates, information providers and content partners shall have no liability for investment or other decisions based on the information provided hereby.

6. GENERAL PROVISIONS

6.1 License Grant: As a visitor to the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website (and its associated Content), and as a Member, the Service and the Content in accordance with the Member Terms. We may terminate this license at any time for any reason, whatsoever. You may use the Website, Service and/or Content for your own personal, non-commercial use. No part of the Website, Service and/or Content 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 Website, Service, Content or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Website, Service, Content except as expressly permitted by us. We reserve any rights not explicitly granted in the Member Terms. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, Service and/or Content. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. As a Website visitor, your license is provided solely for access to the Website in order to obtain information about the Service and/or Content and to register for a Membership. Website visitors are not authorized to access any content and/or data available to Members.

6.2 Proprietary Rights: The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website, Service and/or Content are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website, Service and/or Content is strictly prohibited. You do not acquire ownership rights to any content, document, software, services and/or other materials downloaded, previewed and/or viewed at or through the Website, Service and/or Content. Our posting of information and/or material at the Website, Service and/or Content does not constitute a waiver of any right in such information and/or materials.

6.3 Privacy Policy: The Member Terms incorporates by reference the terms and conditions of our Privacy Policy to which the use of the Website, Service and/or Content is subject. We reserve the right, and you authorize us, to use and assign all information regarding your use of the Website, Service and/or Content and any and all other personal information provided by you in any manner consistent with our Privacy Policy. To view our Privacy Policy, click here.

6.4 Indemnification: You agree to indemnify and hold us, our parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of the Website, Service, Sweepstakes, Submissions or Content; (ii) your breach of the Member Terms; (iii) your violation of any rights including, but not limited to, intellectual property rights, of another Member, individual and/or entity; (iv) your violation of the CAN-SPAM Act of 2003, as well as any state and/or federal laws, rules or regulations prohibiting transmission of unsolicited email; and/or (v) any deceptive, threatening, libelous, obscene, harassing or offensive material contained in any of your email communications or other Submissions.

6.5 Disclaimer: THE WEBSITE, SERVICE, SURVEYS, LOYALTY POINT SYSTEM, REWARDS, SWEEPSTAKES, SUBMISSIONS AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (i) THE WEBSITE, SERVICE, SURVEYS, LOYALTY POINT SYSTEM, REWARDS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE, SERVICE, SURVEYS, LOYALTY POINT SYSTEM, REWARDS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICE, SURVEYS, LOYALTY POINT SYSTEM, REWARDS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, SERVICE, SURVEYS, LOYALTY POINT SYSTEM, REWARDS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE ASSUME NO RESPONSIBILITY FOR THE DELETION OF, OR FAILURE TO STORE, EMAIL MESSAGES AND ANY OTHER PERSONALIZATION SETTINGS IN RELATION TO THE WEBSITE, SERVICE, SURVEYS, LOYALTY POINT SYSTEM, REWARDS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE WEBSITE, SERVICE, SURVEYS, LOYALTY POINT SYSTEM, REWARDS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE MEMBER TERMS. THE WEBSITE, SERVICE AND/OR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE.

6.6 Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YOUR SOLE REMEDY UNDER THE MEMBER TERMS IS THE CANCELLATION OF YOUR MEMBERSHIP. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE SERVICE AND CONTENT IN THE SINGLE MONTH PRIOR TO THE DATE THAT THE CAUSE OF ACTION AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 6.6. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND YOU ACKNOWLDGE THAT THE WEBSITE, THE SERVICE AND/OR THE CONTENT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO OTHER COMPANY WITH WHICH WE HAVE AN AFFILIATE OR PARTNERING RELATIONSHIP INCLUDING, BUT NOT LIMITED TO, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, MERCHANT RELATIONSHIP, OR SUPPLIER RELATIONSHIP (EACH A "CELEBRITY SQUARES AFFILIATE"), SHALL BE LIABLE TO YOU FOR NON-PERFORMANCE OF OUR OBLIGATIONS HEREUNDER. YOU AGREE NOT TO SUE ANY CELEBRITY SQUARES™ AFFILIATE FOR OUR NON-PERFORMANCE.

6.7 Disputes: The Website and Service are hosted in the U.S.  California State law, without regard to its conflict of law provisions, shall govern any dispute between us.

If you have a dispute concerning any aspect of the Service including the Monthly Charges or these Member Terms, you should first contact customer support on our Website at www.CelebritySquares.com/support or by calling toll free, at 800-477-3913 or by texting "HELP" to 258258.  If Customer Support doesn't resolve your dispute to your satisfaction, you can start a formal dispute proceeding by completing a Dispute Notice which can be found at www.CelebritySquares.com/disputenotice.  Completing a Dispute Notice will elevate your dispute and we will attempt to resolve the matter to your satisfaction within thirty (30) days of our receipt of your Dispute Notice.  We may choose to provide you with a final written settlement offer during this process.  If we provide you with a final written settlement offer and you don't accept it, or we can't otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a separate Demand for Arbitration online by following the instructions at http://www.adr.org/sp.asp?id=29041. You will need our mailing address to file online which is available here.

If you file for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules.  The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of these Member Terms, including this provision, are unenforceable.  If we proceed to arbitration, we will pay all AAA filing, administration and arbitrator fees unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).  For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions.  The arbitrator may award any form of individual or equitable relief, including injunctive relief.  Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction.

If the arbitrator awards you relief that is greater than our final written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of One Thousand Dollars ($1,000.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration.  Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in an arbitration, we agree that we will not seek such an award from you.  You and your attorneys are not required to keep the results of the arbitration confidential.  This provision shall not be construed to preclude any party from seeking injunctive relief to protect its rights pending an outcome in arbitration.

YOU AND WE ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THIS DISPUTE SECTION, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.  You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit.  These Member Terms do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above.  This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.

6.8 General Provisions: The Member Terms constitutes the entire agreement between the parties regarding the use of the Service and the Website and supersedes all prior or contemporaneous communications between the user and us with respect to the Website and the Service. Notwithstanding the foregoing, to the extent there is a conflict between the applicable Sweepstakes Rules and other provisions of the Member Terms, the applicable Sweepstakes Rules shall govern as to the terms associated with the Sweepstakes. Our failure to exercise or enforce any right or provision of the Member Terms shall not operate as a waiver of such right or provision. The section titles in the Member Terms are for convenience only and have no legal or contractual effect. If any provision of the Member Terms is deemed unlawful, void or unenforceable, the remaining provisions of the Member Terms will remain in full force and effect. Any aspect of the Service is void where prohibited by law. Any obligation of the parties relating to limitations on liability and indemnification shall survive termination or expiration of the Member Terms. Each party acknowledges and agrees that it has had the opportunity to seek the advice of independent legal counsel and has read and understood all of the terms and conditions of the Member Terms. The Member Terms shall not be construed against either party by reason of their drafting.

A printed version of the Member Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Member Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions: Please contact us at: cs_support@Celebrity Squares.com with any questions regarding the Member Terms.