Terms of Service

WELCOME TO The Jared Company (“JaredCo”) App Store ("Site").

These Terms of Service constitute a legal agreement; please read them carefully.

By completing the registration process on our Site or any successor website located at
http://store.jaredcompany.com/ OR by downloading, installing and operating any mobile
application or other mobile content to a mobile device (each a "Download"), you (1)
represent that you are at least 13 years of age and have the consent of the subscriber of a
participating mobile communications carrier to sign-up for and use the JaredCo Service on
behalf of the subscriber; and (2) agree on behalf of the subscriber and yourself to be
bound by these terms and conditions of this ToS Agreement. If you access the Service
through another website, please review these terms and conditions on that website or
other posted guidelines as they may apply to your use. Any questions or comments
regarding, or problems with, this Site should be sent to the Site Administrator at
support@Jaredcompany.com.

In this ToS Agreement, "you" and "your" refer to each customer (including the subscriber
of a participating mobile communications carrier on whose behalf you are entering into
this ToS Agreement) and his or her agents, and "we", "us" and "our" refer collectively to
JaredCo Enterprises Inc. This ToS Agreement explains our obligations to you, and your
obligations to us in relation to the JaredCo Service.

JaredCo reserves the right to modify these Terms, in whole or in part, at any time.
Changes to these Terms will be effective when posted. Your use of the Site, your
subscription to a new Subscription Plan and/or if you maintain your existing Subscription
Plan shall evidence your acceptance of the changes to these Terms and shall constitute
your agreement to be bound thereby.

1. Description of JaredCo Service

JaredCo provides downloadable mobile content, such as mobile applications, games,
ringtones, graphics, news and other information data via several channels including the
Internet, email, SMS, MMS, WAP, BREW, IVR, ON DEVICE APP STORES, and
other means of mobile content delivery to certain compatible mobile devices (the
"Service" or the " JaredCo Service").

2. Restriction on Use

You acknowledge and agree that the Service is for your personal use on the mobile device
designated during the Download or Registration. You acknowledge and agree that the
Service including any Downloads are proprietary products of JaredCo and/or its
licensors, and that all right, title and interest in and to the Service, including associated
intellectual property rights, is and shall remain with JaredCo and/or its licensors. All
materials on the Site are owned by JaredCo or by third parties and posted on the Site by
virtue of a license, grant or some other form of agreement between JaredCo and the
third party. You agree that all rights not expressly granted herein are reserved by
JaredCo. You agree that you may not make commercial use of the Service including any
Downloads. Please note that the JaredCo Service including ay Downloads are not
compatible with all mobile devices; please check our Site for details concerning content
availability for certain devices.

3. Registration and Access to Service

a. Access to the Service. In order to use the JaredCo Service, you must provide all
equipment and software necessary to connect to the Service, including, but not limited to,
a personal computer and/or a mobile handset or other mobile access device that is in
working order and suitable for use in connection with the Service. You are responsible for
ensuring that your equipment and/or software do not disturb or interfere with JaredCo's
operations. Any equipment or software causing interference shall be immediately
disconnected from the Service and JaredCo shall have the right to immediately terminate
this ToS Agreement. If any upgrade in or to the Service and/or Downloads requires
changes in your equipment or software, you must effect these changes at your own
expense. Unless explicitly stated otherwise, any new or additional features that augment
or enhance the current Service, including the release of new products and services, shall
be subject to the terms and conditions of this ToS Agreement.

b. Individual Downloads and Subscription Plans. When you purchase Individual
Downloads, sign up for a Subscription Plan or use the Service in any way, standard
messaging rates and the terms and conditions of your carrier service agreement will apply.
Please note that the Service and/or Individual Downloads may not be available for use on
all mobile devices. Check with your carrier service provider for details. If you Download
an item of content that is not supported for use on your mobile handset, JaredCo will
offer comparable content in a format supported by your handset or offer a refund of the
purchase price.

i. Individual Downloads. JaredCo may offer through its Service individual Downloads
for one-time non-recurring charges, or for no charge ("Individual Downloads"). The price
by content type for Individual Downloads, if any, will be listed on the JaredCo web site,
or other site or app store that is licensed by JaredCo to sell JaredCo’s Services. The
details of the Individual Downloads are incorporated into this ToS Agreement by this
reference and form a part of this ToS Agreement. All terms and conditions of this ToS
Agreement shall govern any Individual Downloads.

ii. Subscription Plans. JaredCo may offer through its Service mobile entertainment
content such as applications, games, themes and ringtones, which are available on a
renewable subscription basis. All terms and conditions of this ToS Agreement shall
govern Subscriptions.

The Subscription between you and JaredCo shall begin when JaredCo, upon your request,
has provided you with access to the Service (such access may be based on a personal
username and password generated for that purpose or on other data that JaredCo deems
sufficient for your identification such as your mobile telephone number). Access to the
Service can be provided by delivering to you downloadable mobile content of the content
category you subscribed to (e.g., by delivering an application or an info news - SMS
message) or by enabling you to download the product (e.g., by delivering a WAP-Push
link or a PIN for download of the downloadable mobile content on JaredCo's website) or
by providing access to the mobile content (e.g., by enabling MSISDN for this product).
Subscriptions will be renewed each month and a new subscription fee shall become due
for the concerned subscription period. Each Subscription shall remain in effect until
terminated and/or cancelled by you or JaredCo according to Section 8 of this ToS
Agreement.

The periodic flat fee shall become due for every Subscription period irrespective of
whether or not you actually download any content during any particular subscription
period; the consideration for the periodic flat fee shall solely be the periodic provision of
the right to use, download, receive and/or access downloadable mobile content.

c. Registration Data. If you register for the Service, you agree to: (i) provide true,
accurate and complete information about yourself as prompted by the purchase
registration form ("Registration Data"); (ii) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete; and (iii) you acknowledge and agree
that by submitting your registration data you agree to receive emails from JaredCo with
offers and newsletters and other information, you may unsubscribe from these emails at
any time. If JaredCo has reasonable grounds to suspect that the Registration Data is
untrue, inaccurate or incomplete, JaredCo has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any portion
thereof). You acknowledge and agree that we may send you important information and
notices regarding your account and our Services. You acknowledge and agree that we
shall have no liability associated with or arising from your failure to maintain accurate
Registration Data, including, but not limited to, your failure to receive critical information
about the Service or your account. You further agree that we (ourselves or through third
party service providers) are authorized to verify such Registration Data.

d. Username and Password. If you opt to register for the Service on our Site, you may be
required to establish an account and obtain a username and password. You authorize us to
process any and all account transactions initiated through the use of your username and
password. You are solely responsible for maintaining the confidentiality of your username
and password and must immediately notify us of any unauthorized use of your username
and password. You acknowledge and agree that you are responsible for any unauthorized
activities, charges and/or liabilities made through the use of your username and password.
In no event will JaredCo be liable for the unauthorized use or misuse of your username
and/or password. JaredCo may need to change usernames allocated to certain of its
Services and reserves the right to do so. You will be informed if this is necessary.

e. Access without Registration. JaredCo may provide you with access to some Services
without you registering as a user, such as Individual Download purchases. In each such
case your identification is based on means of identification that we deem appropriate,
such as your mobile telephone number or email address.

f. License to Download(s). You acknowledge and agree that the Download(s) made
available as part of the Service are owned by JaredCo, its affiliate and/or licensors, as
applicable, and are protected by intellectual property laws. JaredCo hereby grants, and
you hereby accept, a limited, non-exclusive, non-transferable, non-assignable, revocable,
personal right and license to download, install and/or use the object code version of the
Download(s) and the Service on a designated compatible mobile device solely for your
own personal non-commercial use. You further acknowledge and agree that you may not
reproduce, duplicate, modify, perform, transfer, post, distribute, sell, create derivative
works of or otherwise use or make available the Download(s) except as expressly
provided in this ToS Agreement. You may not, or attempt to (or otherwise authorize,
encourage or support others' attempts to) circumvent, re-engineer, decrypt, break or
otherwise alter or interfere with the Service, including, but not limited to, any
Download(s). No license is granted to you by this ToS Agreement in the human readable
code, known as the source code, of the mobile content downloaded on your mobile
device, and no rights are granted to you by this ToS Agreement in any patents,
copyrights, trade secrets, trademarks or any other rights in respect of the mobile content
downloaded on your mobile device.

This ToS Agreement will terminate immediately, without notice, if you fail to comply
with any term or condition of this ToS Agreement. Upon a termination of this ToS
Agreement, you agree to immediately remove all downloaded mobile entertainment
content from your wireless communications device.

g. Interruptions or Discontinuation of Service. JaredCo reserves the right at any time and
from time to time to modify, suspend, discontinue or permanently cancel the Service, or
portions thereof, with or without notice to you. If the Service, or any part thereof, for
which you subscribe is permanently discontinued or cancelled by JaredCo we will cancel
your Subscription Plan and reimburse any pre-paid fees related to such Service, except for
termination made in accordance with Section 8 of this ToS Agreement.

h. Third Party Products and Services. We may make available or provide access to
products and services of independent third parties either directly or via links to websites
operated by such third parties. Such products or services shall be purchased and/or
obtained directly from such third party. You acknowledge and agree that JAREDCO
SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY
TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE
AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR
INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR
SERVICES OF THIRD PARTIES.

i. JaredCo Refund Policy. We offer a full refund, or a store credit, if You are not fully
satisfied with the Service. To request a refund please email support@jaredcompany.com
and provide your paypal email address and a copy of your receipt of purchase of the
Service. To process a store credit, simply login to your account, view the order using the
"Complete Orders" link under the My Account menu and click the Return Item(s) button.
We'll notify you via e-mail of your store credit once we've processed it. You will get a
store credit that you can use on your next purchase.

Duplicate purchases may be refunded, but only with the following information provided:

* E-Mail Address used to make your purchase

* Device PIN or Owners Name submitted during purchase

* Order ID received after a completed transaction

If a duplicate purchase is not found with the above information, you will need to contact
your banking institution to verify that more than one transaction did indeed go through
on the date in question. Purchases made 24 hours or more from each other are not
considered duplicate purchases. Each purchase made is valid for one download/activation
of each product purchased.

j. Device Changes/Upgrades. For device changes/upgrades, JaredCo offers a unique,
competitive plan for users changing devices for any reason. This plan only covers
products purchased from JaredCo's direct-to-consumer portals (e.g.,
http://store.jaredcompany.com/blackberry). JaredCo's distribution partners (e.g.,
Mobihand or BlackBerry App World)) have their own unique policies, and as such, have
no part in offers provided by JaredCo. If you purchased a JaredCo Service from another
channel, please consult with that channel regarding their refund or upgrade policies.

If your current device fails or you change devices, JaredCo offers the following:

* For Applications, you are entitled to two (6) device changes (new activation codes)
per year.
* For Games you are entitled to two (2) device changes (new activation codes) per
year.
* For Themes, we offer one (1) new link every six (6) months.
* Ringtones/Realtones/Sounds are sold as is, and available for one download per
* If your previously purchased applications and games are not compatible with your
new device, there will be no exchanges or compensation offered for your purchase.

Please note that we are unable to accommodate changes between platforms. This means
that BlackBerry to Windows Mobile phone exchanges (and vice versa), for instance, will
not be honored.

4. Indemnification

You agree that you will be personally responsible for your use of the Site, and you agree
to release, indemnify, defend and hold harmless JaredCo, its subsidiaries, and affiliates,
together with their respective officers, directors, shareholders, contractors, agents,
employees, licensors and assigns from and against all claims, liabilities, damages, costs
and expenses (including reasonable attorneys' fees and costs) arising out of or in
connection with (a) your use of the Site and its Service, including your conduct; (b) your
failure to use the Site; (c) your breach or alleged breach of this ToS Agreement; (d) your
breach or alleged breach of the copyright, trademark, proprietary or other rights of third
parties, and (e) the breach by you of your representations and warranties set forth herein.
JaredCo reserves the right, at its own expense, to assume the exclusive defence and
control of any matter otherwise subject to indemnification by you, and in such case, you
agree to fully cooperate with JaredCo's defence of such claim.

5. Disclaimer Of Warranties And Limitation Of Liabilities

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE,
INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY AT
YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY
RESULT FROM YOUR USE OR DOWNLOAD. YOU AGREE THAT THE
SERVICE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS,
EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU
ACKNOWLEDGE AND AGREE THAT JAREDCO SHALL HAVE NO LIABILITY
TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION,
SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR
ANY PART THEREOF. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JAREDCO
MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH
OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED,
YOU AGREE THAT JAREDCO'S ENTIRE LIABILITY TO YOU OR ANY THIRD
PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN
LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE
PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS
AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH
SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN
JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, JAREDCO,
ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES
PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
EVEN IF JAREDCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE
EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR
LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN
SUCH STATES.

6. Intellectual Property Rights

Except as otherwise set forth herein, all right, title and interest in and to any intellectual
property, proprietary rights or other rights related to intangible property which are used,
developed, comprising, embodied in, or practiced in connection with any of the Service
("JaredCo Intellectual Property Rights") are owned by JaredCo or its licensors, and you
agree to make no claim of interest in or ownership of any such JaredCo Intellectual
Property Rights. You acknowledge that no title to the JaredCo Intellectual Property
Rights is transferred to you, and that you do not obtain any rights, express or implied, in
the Service, other than the rights expressly granted in this ToS Agreement.

7. Fees

The amount of the periodic fees for the Subscriptions to the Service are identified and
available as described above in Section 3(b) i. You agree to pay the periodic fee that
corresponds to the Subscriptions you select in accordance with the fees in effect at the
time of your order. Unless otherwise indicated, the charges shall be invoiced on your
credit card. All fees are subject to change upon notice from JaredCo. JaredCo will
provide you with reasonable notice of such change. If you do not accept the new fees
(which will be applicable on a prospective basis only), you will have fourteen (14) days
from the date of such notice to cancel your subscription plan and/or your account
effective at the end of the calendar month. All fees are due immediately and are non-
refundable, except as otherwise expressly noted.

8. Termination and Cancellation of Services

To cancel your Subscription Plan, send an e-mail to support@Jaredcompany.com
indicating your mobile phone number and either your device PIN or "Name On Device".
The termination shall become effective immediately but you will still be liable for any
new fees that were not cancelled within the time period specified in Section 7 of this ToS
Agreement.

You agree that JaredCo, at its sole discretion, may at any time terminate your use of the
Service and Subscription Plan(s) or individual services provided via the Service, if
JaredCo believes that you have violated or acted inconsistently with this ToS Agreement.
You further agree that JaredCo has the right to immediately terminate your use of, or
access to, this Site at any time if JaredCo decides at its sole discretion that you have
breached any term or condition of this ToS Agreement or any relevant law, rule or
regulation or you have engaged in conduct that JaredCo considers to be inappropriate or
unacceptable.

You agree that upon termination of your access to the Service under any provision of this
ToS Agreement, JaredCo may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to such files or
the Service. Further, you agree that JaredCo shall not be liable to you or any third party
for any termination of your access to the Service. If you cancel your account or
Subscription Plan for any reason, JaredCo will not refund any of your fees paid to date,
except as expressly provided in this ToS Agreement.

9. JaredCo's Ideas Submissions Policy

JaredCo will accept submissions including, without limitation, submissions of
applications, suggestions, ideas or concepts. If submissions are sent to JaredCo via this
Site, email or by any other means, these submissions become the property of JaredCo
and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly
performed, published, displayed or deleted as JaredCo sees fit. You agree that you are
not entitled to any compensation, credit or notice whatsoever and that by sending an
unsolicited submission you waive the right to make any claim against JaredCo, its parents
or affiliates relating to unsolicited submissions, including, without limitation, unfair
competition, breach of implied contract or breach of confidentiality.

10. Miscellaneous Provisions

a. Notices And Announcements. Except as expressly provided otherwise herein, all
notices to JaredCo shall be in writing and delivered via overnight courier or certified mail,
return receipt requested to:

The Jared Company
9 Tamath Crescent
Vancouver, Canada V6N 2C8

general@jaredcompany.com

JaredCo shall serve notices related to this contract by posting them on the Website or by
sending them to the postal address or e-mail address you have given to JaredCo or as a
text message to your mobile telephone number associated with your account. Notices sent
by mail shall be deemed received seven days after they were sent. Notices posted on the
Website or sent by e-mail or as a text message shall be deemed received on the weekday
following the day when they were posted or sent.

b. Entire ToS Agreement. You agree that this ToS Agreement constitutes the entire,
complete and exclusive agreement between you and us regarding the Service and
supersedes all prior agreements and understandings, whether written or oral, or whether
established by custom, practice, policy or precedent, with respect to the subject matter of
this ToS Agreement.

c. Severability. This ToS Agreement operates to the fullest extent permissible by law. If
any provision of this ToS Agreement is unlawful, void or unenforceable that provision is
deemed severable from this ToS Agreement and does not affect the validity and
enforceability of any remaining provisions.

d. Governing Law. This ToS Agreement is governed in all respects by and construed in
accordance with the laws of the Province of British Columbia, without given effect to
any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the
courts of the Province of British Columbia, Canada for any resolution of any dispute,
action or proceeding arising in connection with this ToS Agreement or your use or non-
use of the Site, and you further irrevocably waive any right you may have to trial by jury
in any such dispute, action, or proceeding. The application of the United Nations
Convention of Contracts for the International Sale of Goods is expressly excluded.

e. Waiver. No waiver of any provision of this ToS Agreement shall be effective unless it
is in writing and signed by an authorized representative of JaredCo. The remedies of
JaredCo under this ToS Agreement shall be cumulative and not alternative, and the
election of one remedy for a breach shall not preclude pursuit of other remedies. The
failure of a party, at any time or from time to time, to require performance of any
obligations of the other party hereunder shall not affect its right to enforce any provision
of this ToS Agreement at a subsequent time, and the waiver of any rights arising out of
any breach shall not be construed as a waiver of any rights arising out of any prior or
subsequent breach.

f. Headings. The section headings appearing in this ToS Agreement are inserted only as a
matter of convenience and in no way define, limit, construe or describe the scope or
extent of such section or in any way affect such section.

g. Survival. In the event this ToS Agreement terminates as provided herein, Sections 2(b),
2(d), 2(f), 4, 5, 6 and 9 and 10 of this ToS Agreement shall survive such expiration or
termination.

Effective Date: June 2010