Thismoment Brand Monitor Terms and Conditions

Thismoment, Inc. owns or operates websites and offers a number of commercial internet services which may be accessed via the internet through a variety of devices or transmission types which may be now known or hereafter developed (the “Thismoment, Inc. Service”).

All Thismoment, Inc. Services are subject to this Thismoment, Inc. Terms of Service (the “PTOS”). This PTOS may be updated by Thismoment, Inc., at our sole discretion, at any time and without notice to you. In addition, when using any Thismoment, Inc. Services you agree to comply with all local, state, federal and international laws, rules and regulations.

THISMOMENT, INC. COMMUNICATIONS
You acknowledge and agree that the Thismoment, Inc. Service may include periodic communications from Thismoment, Inc., such as marketing announcements; administrative messages; technical bulletins; or product announcements; and you will not be able to opt out of receiving them, other than by requesting that Thismoment, Inc. delete your account.

THISMOMENT, INC. PRIVACY POLICY
All non-public personally identifiable information (“PII”) obtained by Thismoment, Inc., through the performance of any Thismoment, Inc. Service or any other means, is subject to the Thismoment, Inc. Privacy Policy, located at http://my.thismoment.com/privacy . You acknowledge and agree that by using a Thismoment, Inc. Service you consent to the terms and conditions of the Thismoment, Inc. Privacy Policy, which is incorporated herein by reference.

CONSENT
You represent that you are of legal age to form a binding contract and are not barred from receiving goods or services under the laws of any country or other applicable jurisdiction. You also represent that all information provided to Thismoment, Inc. is true, accurate and complete, that you will ensure it remains true, accurate and complete at all times. Any breach of this section, or a reasonable belief by Thismoment, Inc. of such a breach, shall give Thismoment, Inc. the right to immediately terminate your account and refuse to provide any and all current or future Thismoment, Inc. Services.

You grant Us and Our licensors, licensees and successors a non-exclusive, perpetual, royalty free, fully paid up, worldwide, limited right to use your name, trademarks, service marks and logos in the production of marketing materials promoting Thismoment, Inc. Services. All goodwill from the use of Your trademarks shall inure to Your benefit.

PROHIBITED ACTIVITIES
You agree to not use the Thismoment, Inc. Service to take any actions or make available any content that:

(i) is unlawful, harmful, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially or ethnically discriminatory, or otherwise objectionable;
(ii) violates or infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any third party;
(iii) for which you do not have sufficient legal rights;
(iv) violates any applicable local, state, federal or international law, including any rules or regulations having the force of law;
(v) violates any contractual or fiduciary obligation;
(vi) is designed to interrupt, change, adversely effect or limit the functionality of any computer software or hardware or telecommunications equipment;
(vii) collects or stores personal data of third parties without their knowledge and informed consent.

You acknowledge, consent and agree that Thismoment, Inc. may access, preserve and disclose your PII and other information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) provide the Thismoment, Inc. Services, (b) comply with legal process; (c) enforce the PTOS; (d) respond to claims that the rights of any third parties have been violated; or (d) protect the rights, property or personal safety of Thismoment, Inc., its users and the public.

INDEMNITY
You agree to defend, indemnify and hold harmless Thismoment, Inc., and its subsidiaries, affiliates, officers, agents, employees, partners and licensors (the “Thismoment, Inc. Entities”) from any claim, demand, or lawsuit including reasonable attorneys’ fees, made by any third party due to or arising out of any action or inaction on your part, including without limitation, your violation of the PTOS, or your violation of any rights of another.

MODIFICATION OR TERMINATION OF THE SERVICE
Thismoment, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Thismoment, Inc. Service (or any part thereof) with or without notice. You agree that Thismoment, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Thismoment, Inc. Service.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE THISMOMENT, INC. SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THISMOMENT, INC. AND THE THISMOMENT, INC. ENTITIES 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.

THISMOMENT, INC. AND THE THISMOMENT, INC. ENTITIES MAKE NO WARRANTY THAT (i) THE THISMOMENT, INC. SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE THISMOMENT, INC. SERVICE WILL BE ACCURATE OR RELIABLE.

NO ADVICE OR OTHER COMMUNICATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THISMOMENT, INC. OR THROUGH OR FROM THE THISMOMENT, INC. SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE PTOS.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THISMOMENT, INC. AND THE THISMOMENT, INC. ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THISMOMENT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE THISMOMENT, INC. SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (iii) ANY OTHER MATTER RELATING TO THE THISMOMENT, INC. SERVICE. IN NO EVENT SHALL THISMOMENT, INC.’S LIABILITY TO YOU UNDER THIS PTOS EXCEED ONE THOUSAND DOLLARS.

GENERAL INFORMATION
This PTOS grants no rights or license to any intellectual property rights of Thismoment, Inc., and this PTOS is the entire agreement between you and Thismoment, Inc., relating to the Thismoment, Inc. Service.

You agree that, except as otherwise expressly provided in this PTOS, there shall be no third-party beneficiaries to this PTOS.

The failure of Thismoment, Inc. to exercise or enforce any right or provision of the PTOS is not a waiver of such right or provision. If any provision of the PTOS is found by a court of competent jurisdiction to be invalid, the remainder of the PTOS shall remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Thismoment, Inc. Service or the PTOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You acknowledge and agree that Thismoment, Inc. may provide you with notice via email, and such notice will be deemed given upon the sending of said email.

The PTOS and the relationship between you and Thismoment, Inc. shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Thismoment, Inc. agree that any and all disputes, controversies and claims arising out of or relating to this PTOS shall be settled and determined exclusively by binding arbitration in San Francisco County, California which is a mutually convenient and agreed upon venue.

2012