Terms & Conditions

Celebrity Squares™ Service Terms

Premium Membership Summary

The following summary is not intended to express all of your rights or obligations under these Service Terms, together with the Celebrity Squares Privacy Policy (collectively, "Member Terms"). This summary is intended only to present certain important aspects of our relationship. For complete details, please review the remainder of the Member Terms.

By Accepting the Celebrity Squares service Premium Membership, You acknowledge and agree that you are enrolling in a subscription service that is billed at Nine Dollars and Ninety Nine-Cents ($9.99) per month to Your mobile phone bill, and You affirm that You have read, understood and agree to the complete Member Terms. Other carrier usage charges, SMS messaging charges and connectivity fees may also apply. You must have the consent of the mobile phone account holder to enroll. If You are between the ages of thirteen (13) and eighteen (18) years old, You must have a parent's consent, and such parent must subscribe on Your behalf. You may unsubscribe from the service at any time by texting "STOP" to 258258. You may obtain customer service at www.CelebSquares.com/support or by texting "HELP" to 258258.

Service Terms

The Member Terms govern Your use of the Celebrity Squares news alerts and celebrity news game service (the "Service"), and the associated website located at www.CelebSquares.com ("Website"), as operated by Celebrity Squares, LLC ("Celebrity Squares", "We", "Us"). By Your submission of a Celebrity Squares member application ("Application") and Your continued use of the Service and/or Website, You indicate that You have reviewed and accepted the Member Terms in their entirety with the intent of being bound legally thereby ("Accept" the Service). In the Member Terms, "You" refers to the person who submits an Application, email address or cell phone number ("Cell Phone") and/or associated security PIN ("PIN Number") and/or the person with legal responsibility for the email account or Cell Phone account through which the Service is primarily accessed. Please review the Member Terms carefully. If you do not consent to the Member Terms in their entirety, you are not authorized to use the Service and/or Website in any manner or form.

We may amend the Member Terms from time to time in our sole discretion, without specific notice to you. Your continued use of the Service and/or Website constitutes Your agreement to any and all changes to the Member Terms in effect at that time. The latest Member Terms will be posted on the Website. Therefore, you should regularly check the Website for updates and/or changes.

Your Account

In consideration for access to the Celebrity Squares Service, and to establish an Account (as defined below), You must provide us with certain information in connection with Your Application ("Registration Information"). Some of this information may be collected via Your Cell Phone during registration; other Registration Information may be collected by and through the Website. You agree to provide true and accurate Registration Information, and to update that Registration Information as it changes. If Celebrity Squares determines, in our sole discretion, that the Registration Information that You provided is untrue, inaccurate, not current or incomplete, then we reserve the right to suspend or terminate Your Account.

Upon our approval of Your Application, and the establishment of Your Celebrity Squares Account, Celebrity Squares grants You a non-exclusive, revocable, non-transferable, non-assignable, personal and limited license to receive and respond to Content, for Premium memberships through SMS messaging and for Basic memberships through the Website, in both cases for Your own personal use.

For Premium Memberships, upon the submission of Your Application, and upon approval of same by Celebrity Squares, Celebrity Squares will send a confirmation PIN Number to the Cell Phone number provided in connection with Your Application. By submitting the confirmation PIN Number that was sent to Your Cell Phone, or by replying "YES" via text message to the confirmation message that was sent to Your Cell Phone, You acknowledge and agree that: (a) You will be enrolled in a subscription-based Service ("Account") that will be billed to You at a rate of Nine Dollars and Ninety Nine-Cents ($9.99) per month ("Monthly Fee"); (b) the Monthly Fee will be billed to Your Cell Phone account and will appear on your monthly Cell Phone bill as "CelebSquares" or "Celebrity Squares" (may vary depending on your cell phone carrier); and (c) You affirm that You have read, understood and agree to the Member Terms in their entirety. For Basic Memberships, upon the submission of your Application, and upon approval of same by Celebrity Squares, Celebrity Squares will email you a unique confirmation link or URL ("Confirmation Link"). By navigating to the Confirmation Link, You acknowledge and agree that (a) You will be enrolled in an ad-supported, internet-based service without mobile access privileges; (b) advertising messages will be integrated to the presentation of the Celebrity Squares.com website to you; (c) you agree to receive email-based delivery of advertising content as an integral part of your membership; and (d) You affirm that You have read, understood, and agree to the Member Terms in their entirety.

If you utilize the Service in a manner inconsistent with the Member Terms, as determined by Celebrity Squares in its sole discretion, Celebrity Squares may terminate your access to the Service, block your future access to the Service and/or seek such additional and further relief available at law and in equity. For Premium Members, other carrier usage charges, SMS messaging charges, and connectivity fees may also apply and shall be billed to You (or debited from Your Account), as applicable, in addition to the Monthly Fees. Please refer to Your agreement with Your carrier for details. Premium Members must either be the Cell Phone account holder, or have the consent of the Cell Phone account holder, in order to submit an Application and enroll in the Service. The Website and/or Service is/are not for use by non-legal residents of the United States, those not able to enter into legally binding contracts and individuals under the age of thirteen (13); provided, however, that if You are over the age of thirteen (13) but under eighteen (18) years of age, You may use the Website and/or Service, but only where you have a parent's consent and where such parent applies for the Service on your behalf.

You will be granted access to the Website by means of a user ID ("User ID") and password ("Password") that will be assigned to You. You are responsible for maintaining the confidentiality of Your User ID, Password and Account number. You agree that You will not authorize and/or permit others to use Your Account and Celebrity Squares shall not be responsible for any unauthorized use of Your Account. You will be fully responsible for all activities, charges and/or liabilities that occur by and through Your Account, whether or not authorized by You. Although Celebrity Squares has no obligations arising therefrom, You will immediately notify Celebrity Squares through our customer service contact information in the event of any unauthorized use of Your User ID, Password and/or Account. You may use Your User ID, Password and/or Account only for so long as You remain a subscriber in good standing. You agree that You continue to be responsible to Celebrity Squares for any and all charges resulting from the use of Your User ID, Password and/or Account, even after Your Account is terminated.

You grant us the perpetual, global, irrevocable right to use Your User ID, first name, last initial, home city, home state and, should you submit them, your image, likeness and any quotations or comments in connection with our Website, Service, or product advertising, all without further consideration or compensation.

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 and access to the Internet; (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 any and all liabilities resulting from the minor's use of Service, including any and all payment obligations associated with his/her Account; and (iv) ensure, to the fullest extent possible, the accuracy and truthfulness of all information submitted by, or on behalf of, the minor in response to applicable Application forms. Premium Members may unsubscribe from the Service at any time by texting "STOP" to 258258. Premium Members may obtain customer service at www.CelebSquares.com/support or by texting "HELP" to 258258. Basic Members may obtain customer service by submitting a written request on the Celebrity Squares website customer support page at www.CelebSquares.com/support.

Billing and Payment

You agree to be bound by the pricing and billing practices of Celebrity Squares in effect at any given time. All charges are payable in United States currency and are exclusive of any value added tax, sales tax or other taxes, except as required by law. All charges billed to Premium Members by Celebrity Squares will appear on Your Cell Phone bill as "CelebSquares" or "Celebrity Squares" (may vary depending on your cell phone carrier). However, please be advised that Celebrity Squares and Your Cell Phone carrier are not affiliated. You agree that all such fees may be automatically applied to Your Cell Phone bill and that You have the authority to authorize such billing. There is no charge for Basic Membership. You are responsible for paying any sales, use or other taxes related to Your receipt or use of the Service, or any prizes awarded to You in connection with the Contests (as defined below).

Celebrity Squares reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. Celebrity Squares will submit all such material changes to You for Your review and approval by sending you a text message if you are a Premium Member, and by posting a notice on our website in the MyProfile section for both Basic and Premium Members. You will have ten (10) days to cancel Your Account where You do not consent to any billing or pricing change. Failure to use the Service does not constitute a basis for refusing to pay the Monthly Fee, or any portion thereof. So long as Your Account is open, Premium Members will be billed, and must pay, all applicable charges. If You cancel Your Account, Celebrity Squares will not refund any fees You have already paid.

Service Description

Premium Members: After You establish an Account, Celebrity Squares will send text messages containing summaries of celebrity news alerts to the cell phone number under which you established your Account, according to the schedule preferences expressed in Your MyProfile page on the Website or by such other means as we may provide. Regardless of the schedule preference you indicate, You may request unlimited additional news alerts by sending the text command "NEWS" to short code 258258. On the Celebrity Squares website, you may view news headlines related to Spots that have been marked on your Game Card, full stories for those headlines, and all other news headlines and stories that we receive from our sources, for a period of at least fifteen (15) days prior to the then-current date. You will be entered automatically into the Celebrity Squares game, and will be re-entered automatically into the next round of the game after each round closes. For each Game Card you begin playing and for each month that you renew your Premium Membership, you will be entered automatically into all prize drawings for which you are then eligible according to the Contest Rules then in effect. Contest Rules may be viewed at www.CelebSquares.com/rules and are subject to revision at any time without notice. Premium Members also receive fifty (50) Loyalty Points upon signup and for every month that You renew your Premium Membership. The Celebrity Squares service for Premium Members is supported on the networks of the following cellular telephone carriers: AT&T, Dobson, Nextel, Sprint, Verizon Wireless, and T-Mobile. Basic Members: After you establish an Account, you may log in to the Celebrity Squares website at www.CelebSquares.com, You may view your Game Card, and You may view headlines of news stories related to Spots that have been marked on your Game card. Basic Members may join the next available round of the Celebrity Squares game by clicking the "Start Next Round" button in the MyProfile section of the Website. Both Basic and Premium Members may view and edit personal information in the MyProfile section of the Website, and may redeem any Loyalty Points they have earned for items in the Rewards catalog. Both Basic and Premium Members may enter any drawing by following the mail-in entry instructions for that drawing as specified in the corresponding Contest Rules as posted at www.CelebSquares.com/rules.

Celebrity Squares Game: In the Celebrity Squares game ("Celebrity Squares Game" or "Game") players' Game Cards are marked according to the appearance of celebrities in the news, and the first player or players with five (5) marked spots in a row, column, or diagonal are deemed the winner(s) of that round. Game play proceeds in rounds ("Rounds"). For all players in a round: game play begins simultaneously, all players' game cards are marked on the basis of the same news feed, and game play ends simultaneously. A Round shall end after all Spots have been marked for the news story that results in the first Game Card having five (5) Spots in a horizontal, vertical, or diagonal row ("Five Spot Row"), whereupon all Game Cards with a Five Spot Row will be designated as the winners of the round and the round shall end. There may be multiple winning players in a single Round. We reserve the right to terminate a Round that does not result in a winner in a reasonable amount of time, in which case We may award Loyalty Points to the leading players according to rules we post on the "Current Game" section of each Member's MyProfile page on the Website. Each player is assigned a game card ("Game Card") consisting of 25 cells in a 5 x 5 square grid, and each cell contains two letters that form the initials of the name of one or more established celebrities. We will build and maintain the list of celebrities based on our analysis of news feeds and other sources, and our list will be considered definitive. Game cards are randomized but there is no guarantee that game cards are unique. Each time a celebrity name appears in an electronic news feed contracted by us, and the initials of that name correspond to the initials in a square on your game card, that square will be marked automatically for you by us ("Spot"). There is no guarantee that every news article that refers to a celebrity will be received and processed by Us, and we are under no obligation to receive or process news articles not provided by our contracted news provider(s). One or more squares of the Game Card may be pre-marked as a "Free" Spot at the start of the game. Celebrity Squares reserves 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.

Loyalty Point System

Celebrity Squares may reward Members by granting points ("Loyalty Points"), which may be redeemed for products ("Rewards") selected by such Members from a catalog made available on the Website ("Catalog"). Loyalty Points shall be awarded to Members for participating in the Celebrity Squares Game in accordance with the "Scoring Rules" section of the "Current Game" page in the MyProfile section of the Website, and for other activities as specified on the Website's "Frequently Asked Questions" page, and/or as otherwise initiated by Celebrity Squares from time to time, in Celebrity Squares' sole discretion. In addition, Celebrity Squares may award Members Loyalty Points and/or specific Rewards, from time to time, for taking specific actions like signing up, referring a friend, etc. 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 Point System."

The Loyalty Point System may be terminated by Celebrity Squares at any time upon thirty (30) day's advance notice via SMS text message to the mobile phone number provided during registration or by email to the email address provided during registration. In addition, Celebrity Squares shall post a notice on the "Rewards Catalog" page of the Website thirty (30) days prior to any such termination. A member's Loyalty Points expire five hundred and fifty (550) days after the latest date on which that Member receives any Loyalty Point. After expiration, Loyalty Point balances will not be available for redemption for Rewards.

Members' Loyalty Point balances are displayed on the "MyProfile" page of the Website, as well as on the Rewards Catalog page when a Member is logged in to his/her Account. Celebrity Squares' accounting of a Member's then-current Loyalty Point balance is definitive and final; provided, however, that such Loyalty Point balance is subject to correction up or down in the event of actual error, as determined by Celebrity Squares in its sole discretion.

Items featured in the Rewards Catalog are subject to availability and may be changed or removed at any time without notice, in Celebrity Squares's sole discretion. The number of Points required to redeem a particular Reward is also subject to change without notice, in Celebrity Squares's sole discretion. Celebrity Squares reserves the right to substitute out-of-stock, discontinued or otherwise unavailable Rewards with articles of equal or greater value, in Celebrity Squares's sole discretion.

When a Member redeems a Reward, Celebrity Squares will deduct the corresponding number of Loyalty Points from that Member's Account. If a Member redeems a Reward for which they have a item-specific credit, any applicable item-specific credit will be used first (i.e., where the Member has 100 Loyalty Points plus 2 ringtone credits, and that Member orders two ringtones, the two ringtone credits will be redeemed first leaving a balance of 100 Loyalty Points). Rewards may be: (a) downloadable directly to the Member's Cell 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 cell phone models support our Downloadable Rewards. In case of incompatibility between a carrier or cell phone model and a Downloadable Reward, no substitute Downloadable Reward, or other Reward, shall be available

Email Reward Codes: Members should ensure the accuracy of their email address 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 emails from Celebrity Squares at the email address provided by the Member on the MyProfile page. Celebrity Squares assumes no responsibility for properly directed emails 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 the control of Celebrity Squares.

Physical Rewards: Celebrity Squares shall pay all shipping and handling fees associated with Physical Rewards. Physical Rewards are shipped to the mailing address provided by the Member at the time the Reward is ordered.

The Rewards featured in the Catalog, the Advertisements, the Website and otherwise by Celebrity Squares: (a) are provided by the applicable item manufacturer, distributor or retailer ("Reward Source"); and (b) contain descriptions that are provided directly by such Reward Source. As a result, Celebrity Squares has no control over: (i) the quality, safety or legality of the Rewards; and/or (ii) the truth or accuracy of the Reward listings. Celebrity Squares does not represent or warrant that the descriptions of the Rewards are accurate or complete. Do not assume that the offer, sale, purchase, export or import of any Reward is valid and legal simply because it is featured in the Catalog, the Advertisements, the Website or otherwise by Celebrity Squares. Warranty claims, requests for technical or customer support, and returns for malfunction or damage to Rewards must be communicated to the applicable Reward Manufacturer and not to Celebrity Squares.

Trademarks associated with any prizes that may be offered by or in connection with Celebrity Squares are the intellectual property of their respective owners, and mention or display of same does not indicate endorsement, sponsorship or affiliation by the trademark owners of/with Celebrity Squares or any Celebrity Squares promotion

You understand and agree that Celebrity Squares is not responsible or liable in any manner whatsoever for your inability to use the Loyalty Point System, the Rewards and/or for any dispute between you and the Reward Source. Celebrity Squares shall not be liable to you or any third party for any claim in connection with the Loyalty Point System, Rewards and/or Reward Manufacturers.

Termination

Premium Members: You may cancel Your Account at any time by texting "STOP" to 258258, by contacting us through the applicable sections of our Website located at www.CelebSquares.com or by calling, toll free, 1-800-477-3913. There is no charge for terminating Your Account. If You terminate Your Account, it will be converted into a Basic Membership account, through which you may access and redeem your accumulated Loyalty Points until they expire. You will no longer be able to access the Celebrity Squares Service by means of your cell phone, even if You have prepaid for the then-current month. If You cancel Your Account, You will not incur any future charges to Your Cell Phone bill in connection with the Celebrity Squares Service unless You re-subscribe, upgrade your Basic Membership to a Premium Membership, or otherwise choose to participate in future service offerings of Celebrity Squares. However, Celebrity Squares will not refund Monthly Fees paid prior to the date of Your cancellation and You remain liable for any and all unpaid charges billed by Celebrity Squares to Your Cell Phone bill prior to Termination. Basic Members: You may cancel Your Account ("Final Termination") at any time by clicking the "Cancel My Account" link on your MyProfile page, or by calling, toll free, 1-800-477-3913. If You terminate your Basic Account, your Loyalty Points will expire immediately, and you will no longer have access to the Website or be able to redeem your Loyalty Points. Upon Final Termination or Termination for Cause, Your Loyalty Points will expire immediately and Your license to use the Service and Website as set forth herein shall immediately terminate.

We reserve the right to cancel Your account at any time by refunding any pre-paid Monthly Fees for the current month or we may, without further obligation, elect not to renew Your Account after the then-current billing period. If we have reasonable cause to believe You are violating the Member Terms, we may terminate Your Account without notice and without further obligation to You ("Termination For Cause").

Your sole recourse with respect to any dispute with Celebrity Squares is to cancel Your Account, except that with respect to any Contests, the applicable Contest rules shall prevail.

Acceptable Use

You agree not to interfere with or to permit the use of Your Account by another to interfere with the normal processes of the Celebrity Squares Service or use of the Service by other Members, including, without limitation, 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 SMS commands or Internet-based requests in such a volume that is likely to overwhelm our servers or interfere with the ordinary operations of our Service. You agree to report any violation of the Member Terms by others that You become aware of by contacting abuse@CelebSquares.com.

If You submit any written, image, audio, data, or other material or content to the Service, either through our Website or via SMS (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, e-mail addresses or any confidential information of any third party; (iv) submit any audio files, text, photographs, videos or other images containing confidential information; (v) submit any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in Your community, as defined under applicable law; (vi) impersonate any person or entity; (vii) "stalk" or otherwise harass any person via the Website or SMS; (viii) transmit any chain letters, spam or junk text or e-mail; (ix) express or imply that any statements that You make are endorsed by Celebrity Squares, without our specific prior written consent; (x) harvest or collect personal information of visitors to the Website or other account holders whether or not for commercial purposes, without their express consent; (xi) 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; (xii) 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; (xiii) interfere with or disrupt any of the Website's functions, services and/or the servers or networks connected to the Website; (xiv) post, offer for download, text, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; and/or (xvi) 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. You hereby grant us a perpetual, global, irrevocable right to use any Submissions provided by You without further consideration or compensation.

You agree not to use the Service or Content for illegal purposes, and agree to comply with all applicable local, state and federal laws in connection with Your use of the Website, Service and Content.

The Website is hosted in the United States of America, is intended to be compliant only with US laws and regulations, and is intended for use only in the US. You agree that You will not use the Service outside the US.

News Content Provided by YellowBrix

Neither YellowBrix 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 YellowBrix 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 YellowBrix. 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. YellowBrix, 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.

Access to Service

Use of certain aspects of the Service requires a Cell Phone capable of sending and receiving SMS messages, and a Cell Phone service plan that permits receiving Premium SMS messages for which a charge appears on Your Cell Phone bill. Use of other aspects of the Service requires access to the Internet and our Website, through which Your service is configured, customized and controlled.

Premium Members may obtain support at any time through our website at www.CelebSquares.com/support, via email at cs_support@celebsquares.com, or by calling, toll free, 1-800-477-3913. You may also text "HELP" to 258258 at any time to receive summary information about Your Account and instructions on how to access customer service. Basic Members may obtain support at any time through our website at www.CelebSquares.com/support.

If at any time You fail to or refuse to pay for the Service, or seek or obtain a refund for Service previously rendered, then we have the right to terminate Your Account in our sole discretion and without prejudice to our other rights.

Any requests for refunds of Monthly Fees paid by You with respect to our Service must be submitted to us, and shall be granted in our sole discretion. If You obtain a refund related to our Service from both Your Cell Phone carrier and from us for the same period of Service, then You agree to reimburse us for the duplicate refund by repaying to us the amount of any refund that You obtained from us that is in addition to a refund that You obtained from Your Cell Phone carrier.

The Celebrity Squares Service is provided on an as-is, as-available and when-available basis. Uptime, response and the transmission, receipt and/or storage of Content, Submissions and/or other material is not guaranteed. Your interaction with, and ability to use, our Service may depend on the proper functioning of Your Cell Phone and/or computer, as well as the data communication functionality provided by Your Cell Phone carrier, other intermediaries and/or Internet access providers. Celebrity Squares is not responsible for failures, unavailability or impairment of hardware, software or communication systems provided by third parties.

If You transfer Your Cell Phone number to a different carrier, we are required by carrier regulations to treat Your Celebrity Squares Premium Membership as cancelled and we will convert your Premium Membership to a Basic Membership. After we receive notice of Your transfer, we will not be able to contact You via SMS. You may reinstate Your Premium Membership without loss of voting history, Loyalty Points, or Contest eligibility by upgrading your Basic Membership to a Premium Membership at the Celebrity Squares website. Using any other offer of a Celebrity Squares Premium Membership may result in a loss of your voting history and Loyalty Point balance.

Content

Celebrity Squares is not responsible in any way for, and does 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 on our Website. The Content contains information and material provided by third party partners of Celebrity Squares, and the Submissions contain material provided by other Members. Celebrity Squares undertakes no responsibility to monitor or otherwise police the Submissions of participants in the Service. You agree that Celebrity Squares shall have no obligations and incur no liabilities to any party in connection with any such Content or Submissions appearing within the Submissions, Content, Website, Surveys, Premium Surveys and/or Updates. Celebrity Squares does not represent or warrant that the Content and/or Submissions posted on the Website and/or sent to You via SMS is/are accurate, complete or appropriate. You understand and agree that Celebrity Squares is not responsible or liable in any manner whatsoever for Your inability to use the Service and/or Surveys, Premium Surveys, Updates and/or Contests, or for any dispute between You and other Members or other third parties. You understand and agree that Celebrity Squares shall not be liable to You in connection with Your use of the Service, Submissions, Content, Website, Surveys, Premium Surveys and/or Updates.

Proprietary Rights

Your subscription to the Celebrity Squares Service does not convey to You any ownership interest in the Content or any software, hardware or copyrights associated with the Content or the delivery of the Service. All Content and Submissions including, without limitation, the Survey and Premium Survey questions, answer sets, Updates, news alerts, user comments, administrative SMS messaging content and web content affiliated with the Service is the exclusive property of Celebrity Squares or is licensed by Celebrity Squares from its corresponding copyright holder(s) and is protected by US and international copyright and other intellectual property laws. You may not copy, store, publish or distribute for free or for profit any Content, nor may You make derivative works based thereon. Your rights with respect to Your use of the Service and Content are governed by these Member Terms, as well as all applicable laws including, but not limited to, intellectual property laws, and any applicable end-user license agreements.

You agree that any Submissions that You submit to Celebrity Squares shall become the exclusive property of Celebrity Squares, and that Celebrity Squares may use, modify, publish, sell or license such material for its own benefit without further compensation to You.

If You believe that any material available through the Service or Website infringes upon any copyright that You own or control, or that any link in the Content directs users to another website that contains material that You own or control and that is used without license, You may file a notification of such infringement with the company's designated agent. Please refer to www.CelebSquares.com/copyright for the applicable contact information and associated procedure.

Privacy and Security

In connection with the Service, Celebrity Squares may collect, process and store Your Registration Information and other personal information about You (including, without limitation, name, address, phone number, email address, Survey and Premium Survey voting history and Submissions). We may convey Registration Information and your other personal information to Your Cell Phone service provider as necessary to provide the Service. By submitting Your Registration Information and other personal information, You consent to receive by SMS and email both Content and administrative communications from us; Basic Members also consent to receive advertising material from Us and our marketing partners via email. In addition, use of the Website and/or Service is subject to the Celebrity Squares Privacy Policy. We reserve the right, and You authorize us, to use and assign all information regarding Your use of the Website and/or Service and any and all Registration Information and other personal information provided by You in any manner consistent with our Privacy Policy. To view our Privacy Policy, go to www.Celebrity Squares/privacy.

Representations and Warranties

You hereby represent and warrant to Celebrity Squares as follows: (i) the Member Terms constitute Your legal, valid and binding obligation which is fully enforceable against You in accordance with its terms; (ii) Your use of the Services or other participation on the Website will not conflict with or violate: (a) any provision of law, rule or regulation to which You are subject; (b) any order, judgment or decree applicable to You; or (c) any agreement or other instrument applicable to You; (iii) the Submissions and any and all other information posted by You by and through the Website, if any, will not violate the terms and conditions set forth in the Member Terms; and (iv) You will be solely responsible for the Submissions and other information that is posted by You through use of the Services, if any.

Warranty

YOUR USE OF THE CELEBRITY SQUARES WEBSITE, SERVICE, LOYALTY POINT SYSTEM, REWARDS, CONTESTS, CONTENT AND SUBMISSIONS IS AT YOUR SOLE RISK. THE CELEBRITY SQUARES WEBSITE, SERVICE, LOYALTY POINT SYSTEM, REWARDS, CONTESTS, CONTENT AND SUBMISSIONS AREPROVIDED ON AN "AS IS" AND "AS AVAILBLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CELEBRITY SQUARES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CELEBRITY SQUARES MAKES NO WARRANTY THAT: (A) THE WEBSITE, ANY INFORMATION CONTAINED HEREIN, THE CONTENT, LOYALTY POINT SYSTEM, REWARDS, CONTESTS, SUBMISSIONS AND SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, ANY INFORMATION CONTAINED HEREIN, THE CONTENT, LOYALTY POINT SYSTEM, REWARDS, CONTESTS, SUBMISSIONS AND SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, LOYALTY POINT SYSTEM, REWARDS, CONTESTS, SUBMISSIONS AND SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, LOYALTY POINT SYSTEM, REWARDS, CONTESTS, SUBMISSIONS AND SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND/OR (E) THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, LOYALTY POINT SYSTEM, REWARDS, CONTESTS, SUBMISSIONS AND SERVICE WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CELEBRITY SQUARES 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 CELEBRITY SQUARES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, LOYALTY POINT SYSTEM, REWARDS, CONTESTS, SUBMISSIONS AND SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT OR SERVICE PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION IFORMATION; AND (E) ANY OTHER MATTER RELATING TO THE WEBSITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, LOYALTY POINT SYSTEM, REWARDS, CONTESTS, SUBMISSIONS AND SERVICE. YOUR SOLE REMEDY UNDER THE MEMBER TERMS IS THE CANCELLATION OF YOUR ACCOUNT. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF CELEBRITY SQUARES TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE SERVICE IN THE SINGLE MONTH PRIOR TO THE DATE THAT THE CAUSE OF ACTION ACCRUED. YOU HEREBY RELEASE CELEBRITY SQUARES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CELEBRITY SQUARES. THIS WEBSITE AND/OR SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

Indemnification

You agree to indemnify and hold Celebrity Squares, its affiliates, successors and assigns, harmless from any claim, damages and/or demand, including reasonable attorneys' fees, relating to or arising out of Your use of the Service, Website, Contests, Submissions and Content, Your relationship with our advertisers and third-party content providers, any service providers involved in giving You access to the Website or Cell Phone carriers delivering our Service or the products or services of our advertisers.

General

You agree that any notices sent to You as required by the Member Terms shall be deemed received forty-eight (48) hours after we email them to the email address that You provided in connection with Your Application or five (5) days after we mail notice to the postal address that You provided in connection with Your Application. All notices sent to us under the Member Terms must be mailed to our postal address: Celebrity Squares, LLC, 701 North Green Valley Parkway, Suite #200, Henderson NV 89074.

The Member Terms shall be governed by, and construed and enforced in accordance with the laws of the State of New York, without regard to conflict of laws principles. Should a dispute arise concerning the terms and conditions of the Member Terms or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. The Member Terms shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

The Member Terms may not be modified by You except by a writing signed by authorized representatives of both parties.

In the event that any provision of the Member Terms is determined to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remainder of the Member Terms shall remain in full force and effect without said provision, and Celebrity Squares shall supply an enforceable substitute provision that most nearly effects our intent in originally drafting the Member Terms.

The waiver or failure of either of us to exercise in any respect any rights provided for in the Member Terms shall not be deemed a waiver of any further right under the Member Terms, nor shall the non-enforcement or waiver of any provision on one occasion constitute a waiver of such provision on any other occasions unless expressly so agreed in writing. No waiver by either party of its rights hereunder shall be binding unless contained in a writing signed by an authorized representative of the one waiving its rights.

The caption headings of the paragraphs of the Member Terms are for the convenience of reference only and are not intended, nor should they be construed as, a part of the Member Terms and such captions shall be given no substantive effect.

The Member Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements or promises, oral or written, concerning the subject matter of the Member Terms. The Member Terms are not transferable or assignable by You, and any attempt by You to rent, lease, sub-license, assign or transfer any of the rights, duties and/or obligations hereunder is void at its inception.

AUTHORIZATION

BY OBTAINING, OR ATTEMPTING TO OBTAIN, A CELEBRITY SQUARES ACCOUNT, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO INCUR CHARGES ON THE CELL PHONE ACCOUNT SUPPLIED AS A PART OF YOUR APPLICATION TO PURCHASE THE SERVICE.

Last updated: 22 July 2008