TERMS AND CONDITIONS FOR SCVNGR WEBSITE AND SCVNGR MOBILE GAME

SCVNGR, INC. ("SCVNGR", "WE" OR "US") Internet Web Site and Text Message Mobile Game Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB AND THE MOBILE GAME DEVELOPED BY SCVNGR PLAYABLE BY TEXT MESSAGE, MOBILE WEB OR IPHONE APPLICATION. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND SCVNGR AND GOVERN YOUR ACCESS TO, AND USE OF, THE SCVNGR WEBSITE LOCATED AT HTTP://WWW.SCVNGR.MOBI/ TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE AND THE MOBILE GAME TEXT MESSAGE PORTAL (THE "SITE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. SCVNGR MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. SCVNGR CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND/OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions for the Mobile Game.

By opting in to a SCVNGR mobile game, you hereby decree your understanding that standard / other carrier charges may apply. For more details, please check with your individual carrier?s policies. You agree to hold SCVNGR harmless for any standard text message charges created through your use of the game.

General Use Restrictions for the Site.

SCVNGR provides content and services through this Site and the mobile game through text messages, mobile web or an iPhone application. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the "Materials") that are not Submissions (as defined below) are provided to you by SCVNGR and are the copyrighted and/or trademarked work of SCVNGR or SCVNGR's contributors.

SCVNGR grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one mobile game and to use the services, this Site solely for your own personal or internal business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the product in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials.

Password Restricted Areas of this Site.

You may to register for a password to login to this Site and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, and agree to notify SCVNGR if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify SCVNGR of any unauthorized use of your account or any other breach of security in relation to this Site known to you.

Privacy Policy.

Your use of this Site is governed by the SCVNGR Privacy Policy, which is available www.scvngr.com/pdfs/PrivacyPolicy.pdf (the "Privacy Policy").

Third Party Content.

Certain information and other content that are not Submissions may be provided by third party licensors and suppliers to SCVNGR ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. SCVNGR DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites.

This Site may be linked to other sites that are not SCVNGR sites. SCVNGR is providing these links to you only as a convenience, and SCVNGR is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Proprietary Rights.

SCVNGR is a trademark of SCVNGR in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of SCVNGR, Copyright (C) 2008 SCVNGR. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Copyright and Trademark Infringements.

Notification:

SCVNGR respects the intellectual property rights of others, and we ask you to do the same. SCVNGR may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.

By mail:

SCVNGR, Inc.
580 Harrison Avenue
Boston, MA 02118

By e-mail:

support@scvngr.mobi

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer of Warranties.

YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. SCVNGR, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE.

Limitation of Liability.

SCVNGR SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USAGE, PLAYING, OR CREATING ANY PRODUCTS THROUGH THE SITE, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE.

Local Laws; Export Control.

SCVNGR controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

General.

If you violate these Terms, SCVNGR may terminate and/or suspend your access to this Site without notice. SCVNGR prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by SCVNGR, may result in immediate termination of your access to this Site. If SCVNGR terminates your access to the Site, SCVNGR may delete your user profile but will not be obligated to delete any Submissions that you have provided in connection with the Site. SCVNGR has the right to terminate any password-restricted account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in Delaware. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. SCVNGR's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and SCVNGR and supersede all prior or contemporaneous negotiations, discussions or agreements between you and SCVNGR about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.