MobileBits Privacy Statement and Terms of Use (Date 04.01.2012)

Welcome to www.mobilebits.de, our mobile site at the same address, the web
'micro-sites' for some of our products, our fan pages on Twitter.com and
Facebook.com, and our fan pages for specific products on Facebook.com
(collectively, the 'Site'). The Site is owned and operated by MobileBits GmbH
and its affiliates ('MobileBits', 'we', 'us' or 'our').
USE OF THE SITE, USE OF Mobilebits Applications (e.g. SoulCraft)
OR REGISTRATION ON THE SITE OR WITHIN IN THE APPS CONSTITUTES YOUR CONSENT
TO BE BOUND BY THESE TERMS OF USE ('Terms'). THE TERMS MAY BE AMENDED FROM
TIME TO TIME; THE TERMS ALSO INCLUDE OUR PRIVACY POLICY AND OTHER LEGAL NOTICES.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT USE THE SITE,
MOBILEBITS APPLICATIONS OR ANY SERVICES AVAILABLE VIA THE SITE.

Under the Terms, MobileBits offers users the ability to
  (i) use the Site;
 (ii) use the Applications;
(iii) download and/or purchase content and virtual currency;
 (iv) participate in forums and chats;
  (v) provide feedback to MobileBits.
By using the Site and/or the Applications, you agree to be bound by these Terms,
which include but are not limited to, a limit on and exclusion of damages
and remedies available to you, and the selection of German law over any
disputes arising between you and MobileBits. You may scroll down to review all
of the Terms, or you may print these Terms as enabled by your browser. If you do
not agree to the Terms, do not use the Site and/or MobileBits' Applications.

General Notices 1. Ownership.The Site and Applications are the exclusive
property of MobileBits and/or its suppliers.
All rights not granted herein are reserved by MobileBits.

2. Grant of License and Restrictions. In accordance with these Terms,
we grant you a non-exclusive, non-transferable, terminable license to view
and use the Site and Applications only for the purposes of entertainment,
downloading and/or purchasing content (including, but not limited to, coins,
chips, or other virtual currency, referred to as 'Virtual Currency' in these
Terms, and in-Application virtual content), accessing information and
Applications, and posting, uploading and distributing content to and through
the Site in accordance with these Terms. We reserve the right to suspend or
 deny, in our sole discretion, your access to all or any portion of the Site.
You may NOT (a) use any robot, spider, other automatic device or manual process
to monitor or copy our web pages or the content contained therein without our
prior written permission; (b) use any device, software or routine to damage,
over-burden or impair the Site or any Applications or interfere with any other 
party's use of the Site or any Applications; (c) take any action that imposes
an unreasonable or disproportionately large load on our infrastructure;
(d) copy, reproduce, alter, modify, transfer, lease, loan, sell,
create derivative works, or publicly display any Application or content from
the Site; (e) alter or modify the copyright notices and any other proprietary
legends that appear on the Site or any Application; or (f) access the Site by
any means other than through the interface that is provided by us.
You hereby acknowledge and agree that you have no property interest in any
account, credits, characters, coin or any virtual in-game items or other
materials appearing on or generated by the Site or an Application.

3. Applications; Conduct. From time to time, we may offer you the ability to
use our mobile applications, our online applications and certain applications
on the Site (collectively, 'Applications'). For example, we may provide
periodic newsletters, mobile and on-line games, forums, chat areas,
bulletin boards, or e-mail functions. We may also award Virtual Currency in
connection with promotions or in-Application activities. By purchasing or
otherwise acquiring MobileBits's Virtual Currency or the Virtual Currency of
a specific game, you obtain a limited license to access and select from content
that we expressly make available as part of the Applications. MobileBits grants
you a limited license to use the Site, the Applications and the Virtual
Currency, and to submit Materials (as defined below), provided that such
license shall be conditioned upon your proper conduct, as judged by MobileBits
in its sole discretion and judgment.

In furtherance of the foregoing, by way of example and not as a limitation,
conduct that violates these Terms of Use includes:

Creating a user name, screen name or label, or uploading to, distributing
through or otherwise publish through the Site or Applications, any Materials
(as defined below) which are indecent, libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal,
harassing, or otherwise objectionable, or that would constitute or encourage
a criminal offense, violate the rights of any party or violate any law.
Uploading Materials or creating a user name, screen name or labeling Materials
that contain expressions of hatred, bigotry, racism or pornography or be
otherwise objectionable. Uploading Materials, or using a user name, screen
name and labeling of Materials that disparage in any manner MobileBits, the
Applications or the Site. Uploading Materials that infringe the copyrights,
trademarks or other intellectual property rights of MobileBits or any third
party. Uploading or sharing Materials that are commercial in nature or contain
any solicitation of funds, promotion, advertising or solicitation for goods or
services. You specifically acknowledge that soliciting other users to join or
become members of any commercial online web site or other commercial
organization through the Site or through the Applications is expressly
prohibited. Uploading or sharing Materials that contain viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of the Site or Applications, or disrupt any software, hardware,
telecommunications, networks, servers or other equipment. Using or
communicating exploits to gain an unfair advantage in the Applications.
Posting or communicating personal information of other users using the Site or
Applications. Using, developing or distributing 'auto' software, 'macro'
software or other 'cheat utility' software or applications. Attempting to get
password, account information or other private or personal information from
another user or from MobileBits. You will obey all federal, state and local
laws, regulations and rules that apply to your activities when you access
the Site or use the Applications. Where the Applications utilize the account
management of a social networking web site (such as Facebook) or a third-party
payment provider, you are responsible for maintaining the confidentiality of
your applicable web site passwords and account information; you are entirely
responsible for all activities that occur under such accounts.

By subscribing to our newsletters, you understand that you may receive periodic
information, by e-mail, regarding current and future Applications offered on
or through Site. You may unsubscribe from receiving newsletters at any time by
 following the procedures made available through the newsletters.

You understand that all information, text, data, software, sounds, photographs,
audiovisual material, artwork, graphics, messages and other materials that are
transmitted to or via the Site or to or via the Applications ('Materials') are
the sole responsibility of the person from whom the Materials originated.
'Materials' also includes, but is not limited to, user-created levels or
user-created beats and/or songs and related visual representation, which are
submitted by you or other users. This means you and other users, not
MobileBits, are entirely responsible for the Materials you transmit to or
through the Site or through Applications. Further, you understand that by
using the Site or the Applications, you may be exposed to Materials that are
offensive, objectionable or indecent.

4. License to MobileBits of non-personal materials. If you choose to submit
non-personal Materials to MobileBits, you agree that by submitting Materials
you grant to MobileBits (and its subsidiaries, affiliates, licensees and each
of their successors and assigns, and those acting with MobileBits' authority)
an unrestricted absolute, royalty-free, perpetual, worldwide, irrevocable right
and license to sublicense, reproduce, copy, modify, create derivatives in whole
or in part, or otherwise use such Materials or any part thereof in combination
with or as a composite of other matter, including, but not limited to, text,
data, images, photographs, illustrations, animation and graphics, video or
audio segments of any nature in any Application and in any of MobileBits'
advertising and promotional materials (Materials combined with any work created
by MobileBits or another user are known as 'Works'). The license you grant
to MobileBits allows MobileBits to display, perform, exhibit, sell, distribute,
transmit or broadcast the Works by any media, technology or other means,
including those currently known or become known at a later date, without
notice to you attribution or compensation of any kind to you or any third
party, and to grant a sublicense to a third party to do any of the same
actions with the Works and/or the Materials. You also agree that by
submitting Materials you waive all rights to, release MobileBits from, and
shall neither sue nor bring any proceeding against MobileBits for any claim or
cause of action, for defamation, invasion of right to privacy, publicity or
personality or any similar matter, or based upon or relating to the use and or
exploitation of the Materials or the Works. You warrant that all so-called
'moral rights' in the Materials have been waived. You also agree that
MobileBits is not obligated to utilize the Materials, and understand that
MobileBits may or may not use the Materials in Works. MobileBits will never
give personal data such as real names oder email-adresses to third parties
without a direct approval of the user (e.g. by pressing another
'grant access button').

5. Use and Monitoring; No Endorsement. You may use the Site and Applications
only for their intended purposes. While MobileBits has no obligation to monitor
the Site or Applications and is not responsible for the content of any
Materials or other messages, information or files transmitted on the Site or
through the Applications, MobileBits reserves the right to delete, move, edit,
refuse to post or take other appropriate action with respect to such Materials
or other messages, information or files which MobileBits, in its sole
discretion, deems objectionable or otherwise in violation of these Terms,
including denying access to the Applications or the Site to anyone at any time.
You are hereby notified that your use of the Site and/or the Applications
constitutes consent to such actions, monitoring and auditing. MobileBits does
not endorse any communications made by others through the Applications or any
other communications on the Site.

6. Copyrights and Trademarks. The Site and the Applications are protected by
intellectual property laws and you agree to respect them.

7.Submitting Feedback. In exchange for enabling any feedback, data, questions,
comments, suggestions or the like ('Feedback') to the Site or Applications
(collectively 'User Content'), you automatically grant (or warrant that the
owner of such rights has expressly granted) MobileBits a perpetual, complete,
fully-paid, royalty-free, irrevocable, world-wide, non-exclusive right and
license to sublicense, use, copy, reproduce, modify, adapt, publish, edit,
translate, create derivative works from, sell, transmit, transfer, distribute,
publicly display and publicly perform such User Content, or any portion
thereof, or incorporate such User Content, or any portion thereof, into any
form, media or technology now known or later developed throughout the world
without any notice, attribution or compensation of any kind to you or any
third party. MobileBits shall have the right to further sublicense these
rights to third parties. You warrant that all so-called 'moral rights' in
the User Content have been waived.

To the extent User Content is accessible, visible or usable by other users,
you also grant all other users the right and license to use, copy, reproduce,
modify, adapt, publish, edit, translate, create derivative works from,
publicly display and publicly perform such User Content, or any portion
thereof, on the Site or in the Applications without any notice, attribution
or compensation of any kind to you or any third party. You acknowledge that
your chats, postings and other communications with other users or with us are
public and not private communications and that you have no expectation of
privacy concerning your use of these communication features of the Site.

8. Pricing of, Purchasing and Availability of Virtual Currency. Currently,
Virtual Currency is available for purchase through some of MobileBits
Applications or content. MobileBits's Virtual Currency has no monetary value
and does not constitute currency or property of any type. Our Virtual Currency
may be redeemed for MobileBits content only. MobileBits's Virtual Currency
cannot be sold or transferred, and cannot be exchanged for cash or for any
other goods and services, except for the in-Application content. Our Virtual
Currency is non-refundable and not returnable. You are not entitled to a refund
for any unused Virtual Currency.

The price payable by you is the price indicated on the applicable website for
the Application or in the Application itself. When you purchase our Virtual
Currency, you agree to pay taxes that we assess on your purchase. If you are
resident in Europe, the price includes any applicable VAT. We reserve the right
to change the price and specifications shown in relation to any Application.
If the price or specification published on the applicable website for the
Application or in the Application itself is materially incorrect when you place
an order for those products or services and you contact us to inform us of this
incorrect information, we will: (i) provide you with the correct price or
specification; and (ii) ask you to confirm whether you would like to purchase
the applicable products or services at the correct price or specification.
If applicable, we will also state the period for which the offer or price
remains valid. If you choose not to complete your purchase at the corrected
price or product specification, we will provide you with a full refund for
any amounts already paid by you.

You may pay for Virtual Currency either by credit card or by using the services
of any alternate billing and payment provider (such as iTunes, PayPal,
Trialpay, Paymo and PayByCash) identified on the applicable website or in the
applicable Application. If you pay for Virtual Currency by credit card, then
you must supply your credit card details when you place your order. We will not
supply any products or services to you until your credit card issuer or
alternative billing and payment provider has authorized the use of your card
or other applicable method for payment. If you elect to use the services of an
alternate billing and payment provider, you will be bound by that third party
provider's terms and conditions, which are available from the provider.
You may be required to create an account with the alternate provider, and to
provide that provider with your bank account or credit or debit card details.
Costs associated with accessing the MobileBits Applications depends on your
internet service provider and/or wireless carrier.
Please see your provider's terms and conditions.

MobileBits Virtual Currency may only be held by legal residents of countries
where access to and use of the MobileBits Applications is permitted.
MobileBits Virtual Currency may be purchased or acquired only from MobileBits
through means we provide on the applicable website(s) or applicable
Applications or otherwise expressly authorize. We reserve the right to refuse
your request(s) to purchase and/or acquire Virtual Currency, and we reserve
the right to limit or block any request to purchase and/or acquire MobileBits
Virtual Currency for any reason.

9. Using Virtual Currency. Subject to these Terms, you may redeem MobileBits
Virtual Currency for select MobileBits Applications and/or related content.
We do not guarantee that any particular item offered as part of any Application
will be available at all times or at any given time. We do not guarantee that
we will continue to offer particular items for any particular length of time.
We reserve the right to change and update the content contained in Applications
without notice to you. If you have not used your Virtual Currency for
twelve (12) months or more and your account has a Virtual Currency balance,
your Virtual Currency shall expire, and your account may be cancelled for
non-use. Once you have redeemed your Virtual Currency for MobileBits
Applications or related content, that content is not returnable, exchangeable,
or refundable for Virtual Currency or for cash, or other goods or services.

10. Use Charges.Neither MobileBits nor any of its affiliates shall have any
liability to you for use charges related to any device or service that you use
to access the Site or use MobileBits' Applications, including, without
limitation, usage charges for mobile telephones, smart phone devices, Internet
service providers, car navigation systems, pagers, smart phones and other
devices, whether wireless, wireline, requiring cradle synchronization or
otherwise.

11. Agreement to Conduct Transactions. Electronically. You agree that all of
your transactions with or through the Site and/or the Application(s) may, at
our option, be conducted electronically. You also agree that we may provide
all agreements, disclosures and notices electronically, including any that we
are otherwise required to provide in 'writing'.

12. Privacy Policy. We are based in Germany and adhere to strict German privacy
laws. Please see here for details:
http://en.wikipedia.org/wiki/Informational_self-determination

In short we do the following: - We will never give out your name, phone number,
address, email & messages or other personal data to third parties unless you
explicitly say you want this. - We are using third party sevices (such as
Google Analytics or others) to optimize the user experience and the free2play
business model. Non-personal or aggregated data is being used by these third
parties to make statistics or other results to give us insight how to improve
our services. You agree that we can do this by using MobileBits services.
- We are using third party services (e.g. Admob from Google) to display ads in
our services. These companies use non-personal information to display the best
ads for you. By using the services you agree to this.
https://www.google.com/adsense/support/bin/answer.py?answer=100557

This app is supported by ads from Microsoft Advertising. Learn more about
Microsoft's privacy practices and your choices. Learn more link:
https://choice.microsoft.com/AdvertisementChoice/


13. Suspension, Termination or Cancellation. MobileBits may suspend, cancel
or terminate your registration; cancel or suspend your access to Virtual
Currency; block your use of the Site or an Application, or direct you to cease
using the Site or an Application, if we believe in good faith that you or a
related person has breached or may breach these Terms or if you use the Site
or the Applications to engage in illegal activity. Also accounts may not be
shared and may not be used from more than 5 different devices. You have the
right to cancel your registration or your subscription to our newsletter at
any time, and such cancellations will not affect your social networking web
site account(s) or third party payment provider account(s). You agree that
MobileBits may stop making Virtual Currency and the Applications available,
at any time, without any liability to you. If we stop supporting the Virtual
Currency, we will provide at least sixty (60) days advance notice to you by
posting a notice on Mobilebits.de

14. Your Representations and Warranties. You represent and warrant for the
benefit of MobileBits, its affiliates and any third parties mentioned on the
Site or in the Applications that: (a) you possess the legal right and ability
to enter into and make the representations and warranties contained in these
Terms; (b) all information submitted by you to the Site or the Applications
is true and accurate; (c) you will not use the Site or any Application for any
purpose that is unlawful or prohibited by these Terms; (d) you will make and
maintain back-up copies of any Materials which you upload or otherwise
distribute through the Site; and (e) you possess all legal rights in and to the
Materials which you post, upload or distribute through the Site.

15. No Warranties; 'As Is'. THE SITE, APPLICATIONS, VIRTUAL CURRENCY, CONTENT
AND PRODUCTS OFFERED AT THE SITE ARE PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY
OF ANY KIND. MOBILEBITS HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF
THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS
CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY,
TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND ANY
DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN
CONNECTION WITH THE SITE, CONTENT AND MATERIALS ON THE SITE, AND APPLICATIONS.
THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT
IN CONNECTION WITH THE SITE, CONTENT, MATERIALS AND APPLICATIONS IS BORNE BY
YOU. MOBILEBITS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

16. Dangerous Activities. MOBILEBITS DOES NOT RECOMMEND USE OF ITS GAMES,
APPLICATIONS OR OTHER SERVICES DURING CERTAIN ACTIVITIES, SUCH AS DRIVING,
WHERE THERE EXISTS A SIGNIFICANT RISK OF ACCIDENT. YOU AGREE NOT TO USE
MOBILEBITS' APPLICATIONS OR OTHER SERVICES DURING SUCH ACTIVITIES AND
ACKNOWLEDGE THAT ANY SUCH USE WOULD BE A VIOLATION OF THESE TERMS. YOU FURTHER
ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND MOBILEBITS WILL
NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM SUCH USE.

17. Assumption of Risk. YOU ASSUME ALL RISKS THAT THE SITE AND APPLICATIONS
ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE. YOUR USE OF THE SITE, MATERIALS AND APPLICATIONS IS AT
YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER OR LOSS OF DATA RESULTING THERE FROM. SIMILARLY, YOU AGREE THAT
BY PARTICIPATING IN FORUMS, VISITING CHAT ROOMS OR USING OTHER APPLICATIONS,
YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT OR OTHER OFFENSIVE LANGUAGE
OR REFERENCES.

18. Limitation of Liability and Damages. TO THE FULLEST EXTENT ALLOWED BY LAW,
YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES OR AGENTS, WILL BE LIABLE
TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES
(INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR
FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD
FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT,
SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE
SITE, ITS CONTENT, OR APPLICATIONS, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF
FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. TO THE
FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY
FOR ANY DISPUTE WITH MOBILEBITS IS TO STOP USING THE SITE, APPLICATIONS AND
SERVICES, AND TO CANCEL YOUR ACCOUNT (write an email to service@mobilebits.de).
OUR TOTAL LIABILITY HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID
BY YOU FOR ACCESS AND USE OF THE SITE. YOU HEREBY RELEASE US AND OUR AFFILIATES
FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS
LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU.

19. Exclusive Remedies. You agree that your exclusive remedy for any breach
of these Terms by us or any of our affiliates or agents shall be, at our
option: (a) substitution or replacement of all or part of the Site, content
or Application that gives rise to damages incurred by you in reasonable
reliance on us; or (b) refund of any monies you have paid to MobileBIts. You
agree that the damage exclusions in the Agreement and this limitation of
liability shall apply even if any remedy fails of its essential purpose.

20. Linked Sites. Links may appear on the Site or in Applications that may be
used to link to other web sites. These links are provided as a courtesy to our
Site visitors and Application Users. MobileBits has no control over the linked
web sites or the materials, information, goods or services available or
contained on these linked web sites. MobileBits is not responsible for and does
not endorse or warrant in any way any privacy or other practices of such web
sites or any materials, information, goods or services available through such
linked web sites. If you decide to access any of the linked web sites, you do
so entirely at your own risk. MobileBIts reserves the right to terminate any
link at any time.

21. Amendments; Complete Agreement. You agree that we may from time to time
amend or add to these Terms ('Amendments'), including without limitation,
Amendments that add registration fees or change payment methods or requirements.
Notice of such Amendments will be posted on the Site and will be effective not
less than ten (10) days after notice unless another time is specified by us.
Your use of the Site after the effective date of any Amendments shall be your
consent to those Amendments and to these Terms as amended. If you do not want
to be bound by an Amendment, you will need to terminate your registration, if
any, and/or refrain from using the Site or MobileBits' Applications after that
date. These Terms and any Amendments, your registration and any consents
provided by you, the disclosures provided by us on the Site and in conjunction
with content delivered or accessible via a mobile device, constitute the entire
agreement between you and us and supersede any prior written or oral agreements
between the parties. No changes proposed by you or us will be effective unless
and until they appear in these Terms or in the Amendments as posted by us on
the Site. No other amendments will be valid unless they are in a paper writing
signed by us and by you.

22. No Waiver of Contractual Rights. The failure of either party to enforce any
provision of these Terms shall not be construed as a waiver or limitation of
that party's right to subsequently enforce and compel strict compliance with
every provision of these Terms.

23. Severability. If any provision of these Terms shall be held to be invalid
or unenforceable for any reason, the remaining provisions shall continue to be
valid and enforceable. If a court finds that any provision of these Terms is
invalid or unenforceable, but that by limiting such provision it would become
valid or enforceable, then such provision shall be deemed to be written,
construed and enforced as so limited.

24. Applicable Laws. MobileBits operates the Site from its offices in Hamburg
and Hannover, Germany and makes no representations that materials in the Site
or the Applications are appropriate or available for use in other locations.
Access to the Site or Applications from any territory where the content is
illegal is prohibited. If you choose to access the Site or use the Applications
from other locations, you do so at your own risk and are solely responsible for
compliance with any and all applicable laws, rules and regulations. The display
of the Site alone does not subject MobileBits to any specific jurisdiction.
You may not use or export any of the Site content or Applications in violation
of German export laws and regulations. Any claim related to the use of the Site
or the Applications shall be governed by, construed and enforced in accordance
with the laws of Germany as applied to agreements made and to be performed
entirely therein. Any action brought in connection with the Site or
Applications or any other MobileBits content or services shall be brought in
either the state or federal courts with jurisdiction in Hannover or Hamburg,
Germany. The parties hereby waive any claim or defense that such forum is not
convenient or proper and consent to service of process by any means authorized
by German law.

25. General Notices. All notices required by or allowed under these Terms,
including notices of problems and/or inaccuracies in the Site, Site content,
or Applications should be addressed to MobileBits GmbH, Lerchenstrasse 28,
22767 Hamburg, Germany. Communications made through the Site's e-mail and
messaging system shall in no way be deemed to constitute legal notice to
MobileBits or any of its officers, employees, agents or representatives, with
respect to any existing or potential claim or cause of action against
MobileBits or any of its affiliates, officers, employees, agents or
representatives, where notice to MobileBits is required by contract, or any
federal, state or local laws, rules or regulations. If, but only if, applicable
law requires that we accept e-mail notices, then you may send us e-mail notice
at info@mobilebits.de. With respect to our notices to you, we may provide
notice of Amendments by posting them on the Site and you agree to check for
changes. Instead, or in addition, we may give notice by sending e-mail to the
e-mail address you provide during registration or otherwise. Notice shall be
deemed given twenty-four (24) hours after it is posted or an e-mail is sent,
unless (as to e-mail) the sending party is notified that the e-mail address is
invalid. Alternatively, we may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided during
registration. In such case, notice shall be deemed given three (3) days after
the date of mailing.

26. Notice of Copyright Infringement. MobileBits respects the intellectual
property rights of others and requests that you do the same. Anyone who
believes that his, her or its work has been reproduced on the Site in a way that
constitutes copyright infringement may provide a notice to the designated
Copyright Agent for the Site containing the following:

an electronic or physical signature of a person authorized to act on behalf of
the owner of the copyright interest; identification of the copyrighted work
claimed to have been infringed; identification of the material that is claimed
to be infringing and information reasonably sufficient to permit MobileBits to
locate the material; the address, telephone number, and, if available, an e-mail
address at which the complaining party may be contacted; a representation that
the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law; and a representation that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. Copyright infringement claims and notices (but not other
notices) should be sent to the attention of legal department, by any of the
following means:

by mail: MobileBits GmbH, Hildesheimer Str. 35, 30169 Hannover, Germany

by e-mail: info@mobilebits.de

If MobileBits receives proper notification of infringement pursuant to the
procedure set forth above, it will remove or disable access to the challenged
material and will take reasonable steps to notify the party who originally
posted it (the 'posting party') that the material has been removed. The posting
party may then submit a counter-notification by sending an e-mail message to
the Copyright Agent designated above explaining why the posting party believes
that material is not infringing. To be effective, the counter notification
should include:

a physical or electronic signature of the posting party; identification of the
material that has been removed and the location where the material was located
before it was removed; a statement under penalty of perjury that the posting
party has a good faith belief that the material was removed or disabled as a
result of mistake or misidentification of the material to be removed or
disabled; the posting party's contact information, such as the address,
telephone number and email address; and a statement that the posting party will
consent to jurisdiction of the federal court for the district in which that
address is located (or, if that address is in a foreign country, in the federal
court for the Northern District of California), and that the posting party will
accept service of process from the person who provided the notification
described above or that person's agent. Upon receipt of a counter-notification
complying with these requirements, MobileBits will promptly provide the person
who submitted the original notification with a copy of the counter-notification
and will replace the removed material or cease disabling access to it in not
less than 10, nor more than 14, business days unless that person provides to
the Copyright Agent designated above notification that the person has filed an
action seeking a court order to restrain the subscriber from engaging in
infringing activity related to the material posted to the Site.

27. Electronic Communications Privacy Act Notice: WE MAKE NO GUARANTY OF
CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON
THE SITE OR ANY WEB SITE LINKED TO THE SITE. We will not be liable for the
privacy of e-mail addresses, registration and identification information,
disk space, communications, confidential or trade-secret information, or any
other content stored on our equipment, transmitted over networks accessed by
the Site, or otherwise connected with your use of the Site or Applications.

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