1. Introduction

Welcome
to the terms and conditions for MoApp, the mobile application service
from Aerva, Inc. These terms and conditions explain your rights and
obligations. Please read them carefully as your continued use of this
service indicates that you accept these terms and conditions. Please
contact us with any inquiries, comments, or complaints.

1.1. Definitions

MoApp is a suite of mobile applications, such as voting, polling, chat
and other applications, provided by Aerva, Inc.

The
MoApp service is the means by which mobile phone account holders or
their nominees can participate in a game or competition or request a
mobile content service and to have it appear on a public display or the
display of the user’s handset by sending an SMS text message containing
details of the keyword (plus choices and other words) to a shortcode,
such details and shortcode to be published and/or changed by Aerva,
Inc. in its sole discretion. Aerva, Inc. is a company incorporated in
Massachusetts, USA.

1.2. We reserve the right to change these
terms and conditions at any time, and the amended terms will be posted
here and on other appropriate websites.

2. Purchasing and ordering

To use MoApp applications you must have the consent of the mobile phone
network account holder in respect to the handset used.

3. Materials in site and software rights

3.1.
All copyrights, trademarks, patents, design rights, and other
intellectual property rights relating to MoApp (including, but not
limited to, the underlying software, the design, graphics, layout,
feel, and structure of our services) will be and remain the sole
property of Aerva, Inc. and its licensors.

3.2. The information
in these services is given in good faith and for general information
and interest only. It is subject to change without notice. Every effort
is made to ensure that the information on MoApp is correct, however we
cannot guarantee it is 100% free of inaccuracies, errors and omissions.

4. Our liability

4.1.
Except as set out in clause 4.2, we shall not be liable to you in
connection with this Agreement for losses that are not a reasonably
foreseeable consequence of its actions.

4.2. These terms and
conditions do not exclude our liability (if any) to you for personal
injury or death resulting from our negligence, or for any matter which
would be illegal for Aerva, Inc. to attempt to exclude from its
liability and do not affect your statutory rights.

4.3. Except as
set out in clauses 4.1 and 4.2, our liability to you is limited to the
amount in currency value of the direct transaction in question up to a
limit of $100 and shall not be held liable for any consequential loss.

4.4.
Our services may contain links to or appear in conjunction with other
service providers, publishers, sales agents and copyright owners, which
are outside our control and are not covered by these terms and
conditions.

4.5 If you access other services using the links
provided, we cannot be responsible for the consequence of such access
or for the way in which the other service providers, publishers, sales
agents or copyright owners deal with you or use any information they
may acquire about you.

4.6 We shall not be held liable for any
failure to deliver the MoApp service as a result of your incorrect use
of the service or the failure of any part of the service beyond our
control.

5. Your liability

5.1 You agree to indemnify and
hold us harmless from any liability, loss, claim, and expense
(including legal fees) related to any breach by you of these terms and
conditions or arising from your use of MoApp.

5.2 You shall
compensate us in full if we incur any losses or if any claims or legal
proceedings are brought or threatened against us by any other person
arising from your use of MoApp.

5.3 You shall be held liable and
will be responsible to pay any and all legal fees and or compensation
resulting from any action taken by any third party as a consequence of
the MoApp Service being used by you to place a message or messages
which might be considered by any reasonable person to be foul,
defamatory, inflammatory, offensive or likely to cause a disturbance
whether the messages are of a sexual, religious or any other nature.

6. Acceptance of these terms

This Agreement is deemed to be made in Massachusetts, USA and is
subject to the laws of the Commonwealth of Massachusetts.

7. Matters beyond reasonable control

Neither
party is liable for any breach of this Agreement that is caused by a
matter beyond its reasonable control, including acts of God, fire,
lightning, explosion, war, flood, industrial disputes, sabotage,
terrorism, extremely severe weather, or acts of local or central
Government or other competent authorities.

8. Your personal information

We process personal information collected via MoApp, including
but not limited to mobile phone numbers, for the purposes of:

• Providing the best possible service
• Processing orders and transactions
• Conducting market research surveys
• Running competitions
• Building up market profiles
• Aiding strategic development
• Auditing usage of MoApp

As a result of using MoApp your details may be kept in our database and
added to text mailing list(s). We may contact you regarding those
details. If you wish to have your details removed from all of our
records, please email us at sms@aerva.com, leaving your phone number
and the word ‘remove’ in the subject line.

9. Service guidelines

9.1 Any personal data collected will be used solely in accordance
with MMA (Mobile Marketing Association) rules.

9.2
If you are not the bill payer for the mobile phone, you must get
permission from the bill payer before accessing the MoApp service.

9.3
Aerva, Inc. will give you the opportunity to opt-in to be contacted
again for the purposes of market research, product information or any
other form of promotion or communication.

9.4 If you want to opt-out of the service, send STOP to 51340. Msg&Data Rates May Apply.

9.5 If you need help, send HELP to 51340. Msg&Data Rates May Apply.

9.6 This is a standard rated program unless otherwise noted. Msg&Data Rates May Apply.

9.7 Aerva MoApp programs include Alerts, Text2Screen, Poll and Trivia.

9.8
Aerva, Inc. shall not be held liable for any failure of the MoApp
Service to deliver a selected clip or text message to a location.

9.9
You will not use the MoApp Service to promote racial hatred, to place
offensive words or phrases on screen, to defame any person or entity or
to give cause for concern or distress to any party and take full
responsibility for the consequences of messages created and sent by you
under clause 5.3.

9.10 Supported Network Operators: Alltel, AT&T, Boost Mobile, Cellular One,
Sprint (incorporating Nextel), T-Mobile, US Cellular, Verizon Wireless, Virgin Mobile USA