INFINIT TERMS AND CONDITIONS OF USE AGREEMENT

Effective July 20, 2009

GENERAL

1. This agreement ("Agreement") is made between you and My Video Sharing CC t/a MEDIAS, Reg. No. 2006/194095/23 trading as INFINIT ("INFINIT" or "Infinit"). By using the INFINIT web site (infinit.mobi), using the INFINIT Download or Subscription services and downloading content from INFINIT, using the INFINIT Software or using the INFINIT Applications, (collectively, the "Services" or "INFINIT Services"), you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms").

2. You must be at least 13 years of age to use the INFINIT Services. By using the Services you represent to INFINIT that you are 13 years of age or older. If you are between 13 and 17, you represent that you received parental permission both to use the Services and to download content to your cell phone.

3. By using the INFINIT Services and downloading content to your cellphone, you represent and warrant that you are the authorised bill payer or that you have the permission and consent of the authorised bill payer to engage in this Agreement on his, her or its behalf (as the case may be), and you indemnify and hold INFINIT harmless against all the consequences arising, including but not only any loss or damage, on account of any breach of such warranty.

4. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not continue to use or attempt to access any part of the Services. INFINIT reserves the right to deny registration of any individual to the INFINIT Services and to deny access to this website to any individual.

PRICE, SERVICE & BILLING INFORMATION

5. INFINIT's current price for Downloads is always stated in advance of you making a purchase. INFINIT's price for Downloads includes VAT and depends on a number of variables, and the stated price will be binding on you if accepted. ACCEPTANCE OF THE STATED PRICE FOR DOWNLOADS AND CONFIRMATION OF YOUR CONSENT TO THIS AGREEMENT IS SIGNIFIED MERELY BY REQUESTING A DOWNLOAD IN THE MANNER INDICATED ON INFINIT'S MOBILE INTERNET WEBSITE.

6. The following services are currently offered:

* INFINIT free Service, which provides free Downloads

* INFINIT Subscription Service, which provides a specified number or series of Downloads for an aggregate set price for the lot of them

* INFINIT Once-off Service, which is priced individually per Download

7. The INFINIT Website will include downloadable mobile entertainment, such as ringtones, music, graphics, applications, videos and games (collectively, the "Downloads"). You may purchase the Downloads through the INFINIT Subscription Service where you will receive multiple Downloads according to a specified schedule ("Subscription" or "Subscription Service"). You may also purchase some Downloads individually ("Once-off" or "Once-off Service"). When you have paid for the Service, you will be permitted to download the Downloads you requested to compatible devices.

8. You must have an internet-enabled cell phone or device in order to access the INFINIT Services. Normal carrier charges and taxes may apply to any content you obtain from INFINIT. INFINIT is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the INFINIT website or Services. Note that in the event you do not have a data plan with your carrier, you will likely be charged extra data charges by your carrier in accordance with the rates set forth in your agreement with your carrier. INFINIT recommends that all INFINIT users sign up for unlimited data plans.

The Subscription Services

9. By clicking on the download link and requesting a Subscription Service, you consent and authorise INFINIT to bill the relevant account holder with a mobile service provider connected to the cellphone number that you are using to access the Service, whether on prepaid or postpaid service. If you are not the account holder or bill payer, then you give the representation and warranty expressed in 3.

10. Subscription Services are billed the applicable Subscription fee immediately on subscribing and on each successive billing date corresponding with a new Download becoming available to you on the Service (whether daily, weekly or as the case may be, of which you will receive notification via SMS), until you cancel the Subscription. If you cancel your Subscription for any reason, INFINIT will not refund any fees already paid. You agree that normal carrier charges (WAP, MMS, GPRS, and SMS) may apply. Unused credits (if any) do not roll-over to the next month.

11. You agree that if any attempt to bill your Subscription fee fails for any reason, including non-payment by you or errors on the part of your mobile service provider, INFINIT reserves the right to re-bill you for any outstanding fees and to terminate your Subscription in the event of repeated failures. Subscription credits will not be provided until billing is successful.

Text Message Communications

12. You expressly agree that, as part of the service provided by INFINIT, you will receive communications from INFINIT by text message (SMS), including our promotional newsletters from time to time. You may stop receiving promotional text messages by following the opt-out instructions in the text message. You may not opt out of service and billing related text messages. You may receive your password confirmation text message multiple times until you complete the sign-up process. If you would like to stop receiving the password confirmation text messages, please email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Email Communications

12.1.1 You also agree to receive promotional and account related email communications from INFINIT. You may unsubscribe from promotional email communications by following the opt-out instructions in the email message.

Purchasing Downloads Individually

13. You may purchase certain Downloads individually as part of the Once-off Service. By clicking on the download link and requesting a Once-off Download, you consent and authorise INFINIT to bill the relevant account holder with a mobile service provider connected to the cellphone number that you are using to access the Service, whether on prepaid or postpaid service, with the quoted fee for the item. If you are not the account holder or bill payer, then you give the representation and warranty expressed in 3. You agree that normal carrier charges (WAP, MMS, GPRS, and SMS) may apply.

14. Once successfully billed the relevant Download will remain available to you for 30 successive days or for no more than four downloads, whichever occurs first. You will have to repurchase the Download again if you want to access it after that.

Right to Change Fees

15. All Subscription fees are subject to change upon notice from INFINIT. INFINIT will provide you with reasonable notice of such change through a service message to your device, a service email or by posting the change on the website. If you do not agree to the new fees, you will have 10 days from such notice to cancel your Subscription.

Taxes

16. INFINIT reserves the right to collect applicable taxes for certain features of the Service.

Expiration of License

17. INFINIT's rights to make available certain Downloads to you may expire. In such event INFINIT will cease the relevant Service to you after the end of the period in which such rights expire. INFINIT will not refund any portion of your fees, but you may contact customer support at This e-mail address is being protected from spambots. You need JavaScript enabled to view it to receive replacement credit.

INFINIT Applications

18. From time to time, INFINIT offers special applications including applications that may access certain information from the INFINIT Service or facilitate the transmission of content to or from mobile devices, including for use on other platforms, such as the Facebook(r) Platform (such applications and any accessible information termed the "Applications").

Full-Track Music Downloads

19. INFINIT may provide full-track music downloads to mobile and PC. Full-track downloads to PC are in the MP3 format with a minimum bit rate of 192 kbps. The format and quality for mobile full-track downloads varies depending on your handset model, and are a minimum bit rate of 64 kbps.

CANCELLATION & TERMINATION

Cancellation

20. You can cancel the INFINIT Subscription Service in the 'My Subscriptions' page under 'My Accounts', or by clicking on the unsubscribe link provided in the subscription sms message.

21. Cancellation for subscribers will take effect immediately and all unredeemed credits will be forfeited. Service fees are not pro-rated for mid-series cancellations. INFINIT will send you a text message confirming the cancellation. If you have any questions about cancellation please contact our customer service at http://infinit.mobi/static/contact

22. Except as set forth above with respect to inadvertent charges, in the event that your account or subscription is terminated or canceled, INFINIT will not refund any fees.

23. All information, text, audio/video materials, messages, tags, or other materials submitted to INFINIT (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person originating the Content. You acknowledge and agree that you are solely responsible for any and all Content that you upload, transmit, post, or otherwise make available on the INFINIT website or through the INFINIT service.

Termination

24. INFINIT reserves the right, at its sole discretion, to terminate your permission to access and use your INFINIT account and/or the INFINIT website for any reason at any time without notice, including in the event that INFINIT reasonably believes that you have breached or acted inconsistently with any provision of the Terms. You acknowledge and agree that INFINIT shall have no liability or responsibility to you for termination or suspension of your access or use, and that, in the event you breach these Terms, no portion of your fees will be refunded.

Disputes

25. Your sole right and remedy with respect to any dispute with INFINIT is to cancel your account. Disputes may include but are not limited to disputes related to or arising out of: these Terms and Conditions or any policy or practice of INFINIT, including its Privacy Policy, INFINIT's enforcement or application of the same, your use or access to the Services and the INFINIT billing method or amount or type of fees, surcharges and applicable taxes or any change to the same.

ACCEPTABLE USE OF INFINIT

26. By downloading and/or using the INFINIT Services, you agree that INFINIT grants you a non-exclusive, non-transferable, revocable right to use the INFINIT Services on your compatible device for your own personal, non-commercial use only. Your use of the INFINIT Services means you also agree to the following acceptable use policies:

Personal, Non-Commercial Use Only

27. The INFINIT Services are for your personal, non-commercial use only. You understand and agree that you may not resell, transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Services, including the Downloads, Subscriptions, Applications and Software. For example, you may not copy or distribute the Downloads, Subscriptions, Applications or Software in any manner not expressly authorized by INFINIT. If you want to make commercial use of the INFINIT Services, you must enter into an agreement with INFINIT to do so in advance. Please contact us for more information. Use of non-ringtone Downloads (i.e. full-track Downloads) as a musical "ringer" is strictly prohibited. In any event, you understand and acknowledge that your rights with respect to the Downloads, Subscriptions, Applications or Software will be limited by copyright law and other applicable laws.

Registration and your Personal Information

28. In order to use certain features of INFINIT, you may be requested to register and provide personal information such as your name and wireless device number to INFINIT ("Personal Information"). INFINIT will use your personal information in accordance with its Privacy Policy. Please review the Privacy Policy before you complete the registration process or attempt to use any part of the Service. For additional information regarding INFINIT's collection, use and disclosure of your personal information, please refer to INFINIT's Privacy Policy, a copy of which is available at Privacy Policy.

Objectionable or Explicit Content

29 INFINIT may contain content or materials that you may find objectionable. INFINIT does not warrant, and makes no guarantee or representation, that you will not find all or part of any Download or Subscription to be objectionable. Parents should use appropriate parental discretion in determining whether you want to authorize minor children to access the service.

International Use

30. INFINIT is intended only for use in South Africa. You agree that you will use the Service only in South Africa.

Intellectual Property Rights

31. The Downloads, Software and Applications made available as part of the Service are owned by INFINIT, its licensors, partners and affiliates and are protected by South African intellectual property laws. Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trade secrets, trademarks or other intellectual property rights relating to or in the Downloads, Software, Applications or any accompanying documentation.

32. By using the INFINIT Services you understand and agree to abide by South African intellectual property laws and agree not to reproduce, modify, scrape, cache, frame, display, perform, transfer, distribute, create derivative works from, or otherwise use the Services except as authorized in this Agreement, and you agree not to authorize, encourage or allow such use by any other party. You agree not to make any use of the Services that would infringe the copyright therein. You agree that you will take all reasonable steps to prevent any unauthorized reproduction and use of the Downloads, Appplications or Software. All rights not expressly granted to you under this Agreement are reserved by INFINIT.

"Bots", Hacking and Other Unauthorized Use

33. You will not use the Downloads, Subscriptions, Applications, Software or other Services to engage in or allow others to engage in any illegal activity. Users of INFINIT may not attempt (or authorize, encourage or support others' attempts) to (i) gain unauthorized access to any INFINIT Services, user accounts or computer networks through hacking, password mining or any other means, or to reverse engineer, decompile, decrypt, break, disassemble, derive the source code of, modify, or create derivative works from; or (ii) unlawfully use, copy, modify, alter, or transfer, electronically or otherwise; or (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to, whether in a stand-alone configuration or as incorporated with other software code written by any party except as expressly permitted in these Terms; (iv) decrypt, break or otherwise alter or interfere with the Service, including the Downloads (or any security component of the Downloads), Applications, Subscriptions or Software. You may not use any web robots (bots'), web crawlers, data-mining, or similar applications to submit, gather and extract data from, or otherwise use the INFINIT Services. You agree to advise INFINIT promptly of any such unauthorized use(s) or attempt(s). You may not interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, or act in a manner that negatively affects the ability of other users to use the Services.

34. You will not use the Services to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.

35. You will not transfer the Software or Services, or utilize the Software or Services in combination with third party software authored by you or others to create an integrated software program which you transfer to unrelated third parties.

Objectionable Content

36. INFINIT does not control Content made available by users, and does not guarantee the accuracy, integrity, or quality of such Content. You acknowledge and agree that by accessing the Share Service, you may be exposed to Content that you find offensive, indecent, or otherwise objectionable. INFINIT shall not be liable for any loss or damage of any kind incurred as a result of the use, uploading, or otherwise making available of any Content on the Service. You agree that you bear all risk associated with the use of any Content, including reliance on the accuracy, usefulness, or completeness of any Content.

37. You acknowledge and agree that INFINIT may or may not pre-screen Content, and that INFINIT shall have the right, but not the obligation, to pre-screen, refuse, move, or remove any Content available by or through the Service, at its sole discretion.

38. You agree that you will not use the INFINIT Services to:

38.1 upload, transmit, post, or otherwise make available any Content that contains nudity or profanity, depicts drug use, is unlawful, harmful, abusive, defamatory, harassing, obscene, libelous, hateful, invasive of another's privacy, or that contains hate speech or otherwise objectionable materials;

38.2 upload, transmit, post, or otherwise make available any Content that you do not have a right to make available under the law, or under contractual or fiduciary relationships, such as proprietary or confidential information;

38.3 upload, transmit, post, or otherwise make available any Content that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any person or entity;

38.4 upload, transmit, post, or otherwise make available any Content containing unauthorized or unsolicited advertising, spam, promotional materials, chain letters, pyramid schemes or other forms of solicitation;

38.5 upload, transmit, post, or otherwise make available any materials, such as viruses, trojans, malware, designed to interrupt, destroy or limit the functionality of any computer software or hardware or any telecommunications equipment;

38.6 harm minors in any way; and/or
39 interfere with or disrupt INFINIT's service, hardware, or telecommunications equipment.

THIRD PARTY CONTENT APPEARING ON THE INFINIT SITE

Links and Advertisements

40. The INFINIT website contains links to and advertisements for websites operated by third parties. While we endeavor to associate only with reputable sites, INFINIT cannot be responsible for the availability, content or the practices, such as the privacy policy and practices, of these other sites. Your business dealings with any third-party advertisers through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that INFINIT and its affiliates are not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available through third party sites. Please contact those sites directly if you have any concerns about their availability, content or practices.

INFINIT Promotions

41. From time to time INFINIT may provide users with the opportunity to participate in promotional events sponsored by third party advertisers or affiliates. Your participation in any INFINIT promotional event is subject to the terms associated with that event. Your participation in these promotions and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the sponsoring third-party. You agree that neither INFINIT nor its affiliates shall be responsible or liable for any loss or damage of any sort incurred as the result of the promotions or as the result of the presence of such third parties on the Service.

REFERRAL PROGRAMS

42. We may from time to time offer you the opportunity to earn rewards by referring friends to subscribe to INFINIT ("Referral Program"). Participation in a Referral Program may require you to submit personal information about you and your friends, such as name and email address. By participating in a Referral Program, you agree to receive communications from INFINIT, and/or from our trusted partners that operate and maintain the Referral Program, with regards to your participation in the Referral Program. The following guidelines shall apply to your participation in any Referral Program:

42.1 Rewards are limited to one per user.

42.2 You may not submit multiple email addresses in an attempt to earn a reward or an additional reward.

42.3 You may not participate in a Referral Program where doing so would be prohibited by any applicable law or regulations.

42.4 Your eligibility to earn a reward will be based on your ability to make referrals that result in new INFINIT subscribers. Referrals to existing INFINIT subscribers will not count towards your eligibility to earn a reward.

42.5 Credit for referrals can only be given out for those referrals who participate using their unique referral link.

42.6 You agree that you will not use unsolicited bulk email to obtain referrals. You further agree that you will not induce people you do not know to sign up through use of unsolicited email, advertisement, message board solicitation, or any other means.

42.7 You agree that you will not obtain referrals or rewards through any fraudulent means.

42.8 You acknowledge and agree that INFINIT may deny reward for referrals for any reason, including if it believes, at its sole discretion that the referrals were obtained in violation of these terms.

42.9 You may not barter, sell or trade for referrals or offer completions.

42.10 Rewards and other credits are non-transferable, and any attempt to transfer a reward or credit shall render the reward or credit void.

42.11 INFINIT does not guarantee delivery time on any rewards earned, nor does it guarantee receipt of any rewards.

42.12 We reserve the right to modify or amend at any time these guidelines and the methods through which rewards are earned. We reserve the right to disqualify you at any time from participation in a Referral Program if you do not comply with any of these guidelines. All information collected from you in a Referral Program shall be subject to the INFINIT privacy policy which can be found at http://www.infinit.mobi/privacy-policy.

INFINIT PROPRIETARY RIGHTS

General

43. Your use of the Services is under license; you will not obtain any ownership interest in any of the Services through this Agreement or otherwise. All content in the Service or on the INFINIT website, such as the, Downloads, Subscriptions, Widgets Software, text, graphics, logos, button icons, images, data compilations, and software, is the property of INFINIT or its content suppliers and protected by South African and international copyright and other intellectual property laws. The compilation of all content on this site is the exclusive property of INFINIT and protected by South African and international copyright laws. Your rights with respect to your use of the same are governed by these Terms, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements.

Trademark Information

44. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of INFINIT and/or its affiliates, licensors and/or licensees. Without INFINIT's prior permission, you agree not to display or use the INFINIT' marks in any manner, including but not limited to handbills or posters. You agree that you will not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software, Downloads, Applications, or any accompanying documentation.

INFINIT MUSIC STORE APPLICATION

45. Use of the INFINIT Music Store media purchase and management mobile software application together with any and all enhancements, upgrades, and updates that may be provided to you in the future by INFINIT ("Software") after download and/or installation, indicates your acceptance of these terms. You also agree to accept these terms by so indicating at the appropriate screen, prior to using the Software for the first time. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD SO INDICATE AT THE APPROPRIATE SCREEN AND PROMPTLY DISCONTINUE USE OF THE SOFTWARE.

46. You may terminate the licenses granted in these Terms with respect to the Software at any time by destroying the Software and any accompanying documentation, together with any and all copies thereof. The licenses granted in these Terms will terminate automatically if you breach any of its terms or conditions or any of the terms or conditions of any other agreement between you and INFINIT. Upon termination, you shall immediately destroy the original and all copies of the Software and any accompanying documentation, or return them to INFINIT.

47. The Software may contain encryption and is subject to South African export control laws and regulations and may be subject to export or import regulations in other countries, including controls on encryption products. You agree that you will not export, re-export or transfer the Software in violation of any applicable laws or regulations of South Africa or the country where you legally obtained it. You are responsible for obtaining any licenses to export, re-export, transfer or import the Software.

48. Subject to the terms and conditions set out in these Terms, INFINIT grants you a revocable, limited, nonexclusive, and non-sublicensable right to use the Software solely in accordance with the following terms and conditions:

Use of the Software

48.1 You may download and use the Software from INFINIT on multiple devices owned, leased or rented by you; however, you are the only individual with the right to use your licensed copy(ies) of the Software. All copies of the Software must include INFINIT's copyright notice.

Distribution Prohibited

48.2 You may not distribute copies of the Software for use by any individual other than you. Distribution of the Software by you to third parties is hereby expressly prohibited.

Fees

48.3 The Software is provided at no cost to you, but you may incur charges in connection with Services accessed using the Software in accordance with these Terms.

Support

48.4 INFINIT will not be required to provide you with support services related to the Software, but may, at its sole discretion, provide support services to you from time to time.

Upgrades

48.5 INFINIT may provide you with free upgrades to the Software. Such upgrades will include any upgrades for the Software that are released by INFINIT for general distribution to Software licensees. INFINIT has no obligation to provide you with any upgrades, including (and especially) those that are not released for general distribution to INFINIT's other licensees. Nothing in these Terms shall be construed to obligate INFINIT to provide upgrades to you under any circumstances.

CONTENT SUBMITTED BY USERS

49. INFINIT claims no ownership of Content you make publicly available on the Service, or otherwise upload, post or transmit for inclusion in publicly accessible portions of the Service. With respect to such Content, you grant INFINIT a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display the Content for the purpose for which such Content was submitted or made available. This license terminates when you remove (or INFINIT removes) such Content from the Service. You understand and agree, however, that INFINIT may retain copies, but not display, perform, or distribute, server copies of Content that has been deleted or removed. The license granted above with respect to Content that consists of text, messages, or user comments posted to publicly accessible areas of the INFINIT Website is perpetual and irrevocable.

50. INFINIT may offer contests or promotions encouraging users to upload Content for judging or prizes. Content uploaded for a contest or promotion is subject to the terms of the specific contest or promotion.

GENERAL TERMS

Applicable Law

51. These Terms of Service and your use of the Service, including the Downloads, Applications, Subscriptions and Software will be governed by and construed in accordance with the laws of South Africa, without regard to conflicts of law principles. You expressly consent that the South African courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms or any claim involving INFINIT or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers, and you hereby covenant that you will not bring suit in any other jurisdiction.

Severability of Terms

52. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remainder of the Terms of Service will continue in full force and effect.

Entire Agreement

53. These Terms, which incorporate by reference the INFINIT Privacy Policy, constitute the entire agreement between the parties with respect to your use of the Service or any part thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver, variation or amendment of any provision of the Terms of Service will be effective only if in writing and signed by INFINIT. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

Assignment of Terms

54. These Terms may not be assigned by any user of INFINIT. These Terms may be assigned by INFINIT and shall inure to the benefit of INFINIT, its successors and assigns.

No Right of Survivorship or Transferability

55. You agree that your INFINIT account, including any optional profiles you may create, is non-transferable and any rights to your account or the contents thereof terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

INFINIT's Remedies

56. You agree that any unauthorized use of the Services, the Applications or the Downloads would result in irreparable injury to INFINIT and/or its affiliates or licensors for which money damages would be inadequate. In such event INFINIT its affiliates and/or licensors, shall have the right to immediate interdictory relief against you, in addition to other remedies available at law. Nothing contained in these Terms shall be construed to limit remedies or relief available pursuant to statutory or other claims that INFINIT, its affiliates and/or licensors may have, including but not limited to, any claim for intellectual property infringement. For the avoidance of doubt, the licensors of content to INFINIT are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you. Such licensors of content reserve all rights under law and in equity.

Indemnity

57. By using the INFINIT Services, you agree to indemnify and hold INFINIT, its affiliates, partners employees, directors, successors and assigns, harmless for any violation or against any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out your use of the Service, including the Downloads, the Applications, Software and Subscriptions, your violation of these Terms, or your violation of any rights of another party.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

Disclaimer of warranties

58. By using the INFINIT Services you expressly understand and agree that: the INFINIT Services, and all downloads, software, materials, applications, information, products and services included in the INFINIT Services are provided "as is" with no warranties by INFINIT or its agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers (the "INFINIT entities"). INFINIT and the INFINIT entities expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, warranties that software is free of defects, viruses, able to operate on an uninterrupted basis, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No use of the Services is authorized hereunder except under this disclaimer.

59. INFINIT and the INFINIT entities disclaim any warranties that the Services will meet your requirements, or that your access to the same will be uninterrupted or error-free. INFINIT and/or the INFINIT entities, do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Services with respect to the accuracy, operability, availability, security, reliability, timelines, compatibility with your device and performance of the INFINIT Services. INFINIT disclaims any responsibility for the deletion or failure to store any content.

60. You understand and agree that you download or otherwise obtain material or data through the use of the INFINIT services at your own discretion and risk and that you will be solely responsible for any damages to your mobile phone, mobile phone service or computer system or loss of data that results from the download of such material or data. You will not hold INFINIT and/or the INFINIT entities responsible for any damages that result from you using the Services including, but not limited to, any infections or contaminations of your devices you use to access the same or to transfer downloads that may result from that use.

61. No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to INFINIT and/or the INFINIT entities as applicable. INFINIT and the INFINIT entities disclaim any warranties for services or goods received through or advertised on the INFINIT Services or received through any links provided by the INFINIT Services.

Limitation of liability

62. Under no circumstances, shall INFINIT and/or the INFINIT entities as applicable, be liable for any unauthorized use of the Services

63. Under no circumstances, including, but not limited to, negligence, shall INFINIT or the INFINIT entities be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to loss of data or profit, loss of goodwill, work stoppage, computer failure or malfunction, arising out of the use of, reliance on, or the inability to use, the Services, or from the interruption, non-performance, suspension, or termination of the INFINIT Services (including such damages incurred by third parties), or for any damages in excess of the amount paid for the specific item of content giving rise to the applicable claim for damages, even if INFINIT and/or the INFINIT entities as applicable, have been advised of the possibility of such damages.

64. This limitation shall also apply with respect to damages incurred by reason of advice, information, services or goods received through, or advertised on the INFINIT Services or received through any links provided in the INFINIT Services.

65. Without limiting the foregoing, INFINIT or its licensors shall not be liable for any delay, interference or failure in performance resulting directly or indirectly from acts or conditions beyond its reasonable control, including without limitation, fire or other casualty or accident, internet failures, telephone equipment failures, acts of god, severe weather conditions, war or other violence, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency.

Exclusions and limitations

66. Where the law does not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, the above exclusions may not apply to you. You may also have other rights especially provided in law.

Suggestions

67. INFINIT welcomes suggestions for enhancing its Services and any accompanying documentation that may result in computer programs, reports, presentations, documents, ideas or inventions relating or useful to INFINIT's business. You acknowledge that all title, ownership rights, and intellectual property rights concerning such suggestions shall become the exclusive property of INFINIT and may be used for its business purposes in its sole discretion without any payment or accounting to you.

PROCEDURES FOR CLAIMS OF COPYRIGHT INFRINGEMENT

68. INFINIT respects the intellectual property rights of others. INFINIT may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be repeat copyright infringers. If you believe that your work has been used in a way that constitutes copyright infringement, please send notice to INFINIT's Copyright Agent, including the following information:

68.1 an electronic or physical signature of the person authorized to act on behalf of the copyright owner;

68.2 a description of the copyrighted work that you claim has been infringed;

68.3 a description of where the material that you claim is infringing is located on the site;

68.4 your address, telephone number, and email address;

68.5 a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

68.6 a statement by you, made under penalty of perjury, that the above information in your Copyright Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

69 Notices can be sent to INFINIT at http://www.infinit.mobi/contact

CHANGE IN TERMS AND CONDITIONS AND INFINIT SERVICES

70. INFINIT may modify or terminate its Services from time to time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these Terms of Service by updating this posting. Please review these Terms of Service from time to time so that you will be apprised of any changes. Use of this service following a change to the Terms of Service constitutes agreement to the new Terms. If you cannot comply with the amended Terms, your only remedy is to cancel your INFINIT Subscription and/or not use the Services.