The following terms and conditions (the "Terms of Use") govern your use of the Gravity Mobile, Inc. ("Gravity") web site (the "Site") and the materials accessible on or from the Site.

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE AND THE GRAVITY MOBILE PRIVACY STATEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.

1. Permitted Use. You may access the Site and its contents to view the information for your own personal non-commercial use.
2. Copyright. The content of the Site, including all text, images, software, audio and video, as well as any such combination and/or compilation of the same (collectively referred to herein as "Materials"), is the property of Gravity or its suppliers and is protected by U.S. and international copyright laws. Neither the Site nor the Materials may be copied, modified, reproduced, distributed, transmitted, publicly displayed, performed, or otherwise used, in whole or in part, without the prior written consent of Gravity.
3. Copyright Complaints. Gravity respects your intellectual property rights as well as the rights of other third parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please e-mail Gravity at the following address: legal@gravitymobile.com.
4. Trademarks. Gravity Mobile and the Gravity Mobile logo are trademarks of Gravity Mobile, Inc. within the United States as well as in other countries. Gravity's trademarks may be reproduced or used but only with Gravity's written permission and with proper acknowledgement. All other trademarks, service marks, product and service names and company names or logos that appear on the Site are the property of their respective owners.
5. Links. For your convenience only, Gravity provides links within the Site to other web sites operated by third parties. Gravity exhibits no control over such third party websites and is not responsible for their content or the privacy practices thereof. Gravity makes no representations or warranties and accepts no responsibility for the quality, content, nature or reliability of any third-party web site or service accessible by hyperlink from the Site.
6. Privacy. By using this Site, you signify your ongoing and continuing consent to the Gravity Mobile Privacy Statement (the "Privacy Statement"). Personal information that you supply to Gravity, and any information about your use of the Site that Gravity obtains will be subject to the Privacy Statement contained on this Site.
7. Indemnification.You agree to defend, indemnify, and hold harmless Gravity, our parent and other affiliated companies (including our respective employees, contractors, officers, directors and agents, co-branders or other partners) from all liabilities, claims, and expenses, including attorney's fees, that arise from any claim or demand, made by any third party due to or arising out of your use of the Site. Gravity reserves the right, at Gravity's expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Gravity in asserting any available defenses.
8. Disclaimer of Warranties. THE SITE AND THE MATERIALS ARE PROVIDED BY GRAVITY ON AN "AS IS" AND "AS AVAILABLE" BASIS. GRAVITY MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRAVITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRAVITY DOES NOT REPRESENT OR WARRANT THAT THE MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SUBJECT TO CORRECTION, OR ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR MATERIALS AVAILABLE FROM THE SITE ARE FREE OF ANY HARMFUL COMPONENTS. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. Limitation of Liability. IN NO EVENT SHALL GRAVITY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS) OR FOR ANY THIRD PARTY CLAIMS ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR ANY OTHER SERVICES ACCESSED THROUGH THE SITE, OR WITH RESPECT TO THE INFORMATION, SERVICES, MATERIALS AND/OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GRAVITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GRAVITY'S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, SHALL IN NO EVENT BE GREATER THAN TEN DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Changes to Site. Gravity reserves the right, in its sole discretion, of which Gravity may choose to do at any time and from time to time, to modify or discontinue, whether temporarily or permanently, the Site, or the content thereof, with or without notice. You agree that Gravity will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
11. Changes to Terms of Use. Gravity reserves the right, in its sole discretion, of which Gravity may choose to do at any time and from time to time, to change or modify the Terms of Use, whether in whole or in part, without notice. If Gravity changes the Terms of Use, Gravity will post such new terms on the Site and any such changes or modifications will become effective upon posting. Your access to and use of the Site, following the posting of any such changes or modifications, will constitute your acceptance of the Terms of Use as revised.
12. Applicable Law, Jurisdiction and Claims. THIS AGREEMENT IS MADE UNDER, AND WILL BE CONSTRUED ACCORDING TO, THE LAWS OF THE STATE OF CALIFORNIA, U.S.A. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this agreement or the parties' relationship. Subject to the last sentence of this section, any claim, dispute or controversy arising out of or relating to this Agreement shall be resolved by arbitration in accordance with the provisions of the commercial or business rules of the American Arbitration Association. The arbitration shall be held in San Francisco, California. Notwithstanding the foregoing, a party may seek preliminary judicial relief (such as a preliminary injunction) from the state and federal courts located in San Francisco County, California if, in its judgment, such action is necessary to avoid irreparable damage, and such courts shall have exclusive jurisdiction and venue over all matters relating to such preliminary relief.
13. Termination. Gravity expressly reserves the right to terminate your use of this Site in the event that you violate the Terms of Use, any rules or guidelines posted on this Site, any applicable federal, state or local laws, or for any other reason that Gravity shall determine in its sole discretion.
14. General Provisions. You agree to comply with all applicable laws and regulations. The terms and conditions set forth herein constitute the entire agreement between you and Gravity. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this agreement will continue in full force and effect.