1.1 Pacesetters Media LLC dba MobileCause and any of its successor websites (the "Service") are a wireless entertainment service provided by Pacesetters Media LLC dba MobileCause ("Company"). These Terms and Conditions, which include and incorporate the End User License (Exhibit A), (the "Terms") will apply to all sales of mobile content ("Products") made to you the customer via the Service. “You” and “your” refer to each customer (“Customer”) and its agents, while “we”, “us” and “our” refers collectively to Company.

1.2 Please review these terms and conditions carefully before you start using this service. Use of the Service is conditioned on your acceptance without modification of the terms, conditions, and notices. Your use of the Service indicates your agreement to all such terms, conditions and notices. If you do not agree to the Terms, you may not use the Service. Company reserves the right to modify this agreement at any time without notice. Modifications to this agreement will be effective immediately as of the date that modification is posted on the Service. You are responsible for regularly reviewing these terms and conditions for modifications. Your continued use of the Service indicates your knowledge and acceptance of the agreement and any subsequent modifications.

2.2 This Service may contain and deliver mobile content, including games, ringtones, graphic logos, and other message or communication services. Company has no obligation to monitor these services. Company reserves the right to review and remove communication materials in its sole discretion.

2.4 Company does not claim ownership of any materials you provide to Company (including feedback and suggestions) or post, upload, input or submit to this Service for review by the general public, or by the members of any public or private community. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Company permission to use your Submission in connection with the operation of their business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights. No compensation will be paid with respect to the use of your Submission, as provided herein. Company is under no obligation to post or use any Submission you may provide and Company may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

2.5 As a condition of your use of the Site/Service, you will not use the Site/Service for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site/Service in any manner that could damage, disable, overburden, or impair the Site/Service, or network, connected to the Site/Service, or interfere with any other party's use and enjoyment of the Site/Service. You may not attempt to gain unauthorized access to the Site/Service, accounts, computer systems or networks connected to the Site/Service, through any means. Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

2.6 Unless otherwise specified, the Site/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Service.

2.7 Third-Party Content: The Service may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Company and Company makes no warranties or representations with regard to the Linked Sites and is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is not responsible for web casting or any other form of transmission received from any Linked Site nor is Company responsible if the Linked Site is not working appropriately. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Company shall not be responsible or liable for any part of any such dealings or promotions.

2.8 Company reserves the right to terminate your access to the Site/Service at any time, without prior notice and without cause.

3.1 The price of any Product purchased through the Service will be the price specified in the Service at the time of your purchase.

3.2 Subscription Plans: Company is offering its services as individual downloads or as a subscription for a defined number of individual downloads or game play on a renewable subscription basis depending on the product. The Subscription Service between you and Company shall begin when Company, 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 Company deems sufficient for your identification). Access to the Service can be provided by delivering to you downloadable mobile entertainment content of the content category you subscribed to (e.g., by delivering a ringtone or a news SMS) 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 entertainment content on Company website) or by providing access to the mobile entertainment content (e.g., by enabling network access for this product). The subscription period is 1 week or 1 month depending on the type of the subscription plan. The Subscription plan and subscription period will be renewed each week or month as applicable and a new subscription fee shall become due for the concerned subscription period. The subscription fee shall be billed to your wireless account.The subscription plan shall remain in effect until terminated and/or cancelled by you or Company according to Section 4 of these Terms.

3.3 Registration and Log-In Information: This Service requires you to open an account. You must complete the registration process by providing Company with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your account or password. The Service subscription is not transferable, such that you may not authorize other persons to sue your account. Any distribution by you of your account name and password my result in cancellation of your subscription without refund and in additional charges based upon unauthorized use.

3.4 Access to the Service: In order to use the Service, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Company makes the Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set 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 are compatible with the Service and that they do not disturb or interfere with Company's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service 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 agreement.

3.5 Access without Registration: Company may provide you with access to some Services without you registering as a user, such as sign-up via SMS. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number, or IP address.

3.6 Delivery: Delivery of Product(s) purchased pursuant to these Terms will be made directly to your cellular phone, via the internet, SMS, MMS, WAP, BREW and other means of mobile content delivery to compatible mobile devices. The details of the delivery process will be provided to you at the time of purchase. Delivery is conditional. In order for proper delivery, your cellular phone must be turned on; capable of receiving the Product(s); set to receive text messages (Please note that not all mobile phones allow the storage of new ringtones). Ordered Product(s) can only be delivered when the cellular phone is on a compatible network, a full list of which is available on the order form. Provided that the cellular phone and cellular phone provider's network will accept the Product(s), delivery of the Product will occur within 24 hours of completion of the order. Typically, delivery of the Product(s) occurs within a matter of seconds. We will attempt to deliver the ordered Products a total of three times to the same cellular phone. If the Product(s) has not been successfully delivered, please notify us within 7 days. If you do not notify us within this period, we will presume that the Product(s) has been received. If the Product(s) cannot be delivered, Company will refund the payment, provided that the Product's non-delivery to the cellular phone is not the result of the Purchaser's error. If the Purchaser's error caused the non-delivery, payment will not be refunded.

4.3 Opt-out Provision: If you wish to "opt-out" of the service, you must send an e-mail to optout@Pacesettersmobile.com OR send a SMS message with the text “STOP” to 27138 OR simply reply to an SMS message with the text “STOP”. You will be deemed to have opted out of the service at such time as you receive confirmation from Company that your access has been revoked. Opting out has the effect of barring use of the service for your mobile phone number.

5.1 The information provided by you to Company is subject to our Privacy Policy. Your use of the Service indicates your agreement to be bound by our Privacy Policy. Company and its agents or associates may, at its discretion, use your name and the cellular telephone number provided at the time of purchase to market additional products and services. Any personal information you provide to Company is used solely to provide services you have requested, or to enhance your experience while visiting us. To learn more about our Privacy Policy, click here.

6.1 The information, Products and Services included in or available through the Company Site/Service may include inaccuracies or typographical errors. Changes are periodically made to the Company Site/Service and to the information therein. Company and/or its authorized agents may make improvements and/or changes in the Company Site/Service at any time. Company and its authorized agents make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, products, services and related graphics contained within the Company site for any purpose. All such information, products, services and related graphics are provided "as is" without warranty of any kind. Company and its authorized agents hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that Company shall not be responsible for unauthorized access to or alteration of your transmissions of data and for any material or data sent or received or not sent or received. You specifically agree that Company is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.

6.2 Damages: In no event shall Company, its officers, directors, employees, contractors, affiliates, suppliers, subsidiaries, parent company or agents be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Company Site/Service, with the delay or inability to use the Company Site/Service or related services, the provision of or failure to provide services, or for any information, products, services and related graphics obtained through the Company Site/Service, or otherwise arising out of the use of the Company Site/Service, whether based on contract, tort, negligence, strict liability or otherwise, even if Company or any of its authorized agents have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Service.

6.5 You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service. Company reserves the right to disclose any personal information about you or your use of the Service, including its contents, without your prior permission if Company has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Company or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others.

8.1 Choice of Law: This agreement is governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of State or Federal courts in the County of Orange California, U.S.A. in all disputes arising out of or relating to the use of the Service. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Service. Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

8.2 Accuracy Information: Company believes its data and text services to be reliable, but accuracy is not warranted or guaranteed. Neither Company nor its 3rd party Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, this information, or advocates the purchase or sale of any security or investment.

8.3 Any claim or cause of action arising out of or related to use of the Site/Service or the Content or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

SUBJECT TO CHANGE WITHOUT NOTICE