VIXOLA

Use of the VIXOLA Services is not intended for minors under the age of 18 ("Minors"). Minors are not authorized to use the services of VIXOLA.com. Parents or guardians may authorize Minors between the ages of 13 and 17 to use the VIXOLA Services, provided they assume all responsibility and legal liability for the conduct of such Minor including, without limitation, monitoring the Minor's access and use of the VIXOLA Services. If VIXOLA learns that anyone under the age of 13 is using the VIXOLA Services, VIXOLA will require verified parental or guardian consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA").

1. Account and Registration. Prior to using the services of VIXOLA, VIXOLA may require certain information to create an individual account ("Account"). Failure to provide all required data to create an Account may prevent access to any or all VIXOLA services, and failure to maintain accurate Account information may result in suspension of services.

All Account information is the exclusive property of VIXOLA. VIXOLA shall protect and maintain all data collected in setting up the Account in the manner described in the VIXOLA Privacy Policy located at http://www.VIXOLA.com/privacy. Users may edit or update their personally identifiable Registration Data at any time by following the instructions located in the VIXOLA Privacy Policy.

2. Password. Access to the Account and many VIXOLA Services requires a secure, individual password. Passwords must be protected from disclosure or unauthorized use. In the event of a suspected or actual breach of security related to any VIXOLA Property, VIXOLA must be immediately notified. Although VIXOLA will use commercially reasonable efforts to provide assistance, VIXOLA is not liable for any loss or damage resulting from the security of any Account or a User's failure to maintain the confidentiality of passwords.

3. Termination/Suspension of Account. Unless otherwise set forth in a User Agreement, VIXOLA may immediately terminate or suspend access to VIXOLA for conduct that includes, without limitation: (a) violation of third party rights such as copyright, trademark and rights of privacy and publicity; (b) interference with the proper functionality of any or all VIXOLA Services; or (c) unlawful conduct in any local, state, federal or foreign jurisdiction.

1. Content. Users are solely responsible for any and all audio and video materials uploaded or provided to VIXOLA by Company and/or provisioned by Company into the VIXOLA Servicess including, without limitation, text, logos, artwork, graphics, pictures, advertisements, sound and other related intellectual property contained in such materials. VIXOLA Services are passive conduits of all Content submitted or accessed through the VIXOLA Services and VIXOLA is not responsible for the: (1) selection, acquisition, distribution and licensing of Content in the VIXOLA Services; and (2) acquisition and payment of any third party licenses, rights clearances or other permissions needed from unions, guilds or other entities to use Content in the manner authorized by a User in their Account. VIXOLA has no obligation (and undertakes no responsibility or liability for any obligation) to review, monitor or oversee any Content submitted, uploaded, distributed or retrieved in connection with the use of the VIXOLA Services. Furthermore, VIXOLA assumes no responsibility for protecting or enforcing third party rights with respect to Content, including, without limitation, monitoring the Content, determining whether Content is lawful, appropriate or permitted by third parties, for libel, falsehoods, errors or omissions contained in Content or compliant with FCC or other governmental regulations, or for taking legal action against actual or suspected infringers of Content.

2. Test Credits. Users of the VIXOLA Services may receive a certain number of test credit hours ("Test Credit") to test certain features and functionality of the VIXOLA Services free of charge. Once any such Test Credit has been exhausted, Users are responsible for paying applicable fees for use of the VIXOLA Services. Payment terms and usage prices are designated in the User Agreement or on the VIXOLA Site.

3. Third Party Publishers. Users may, in their Account, indicate their preference to distribute Content via one or more online publisher(s) (each a "Publisher"), and in such case the User assume all risks and liabilities associated with the distribution of Content to such Publishers including, without limitation, the obligations set forth in Paragraph H (1) above.

4. VIXOLA Software. The VIXOLA Software contains tracking code used by VIXOLA to track and capture User activity, which assists VIXOLA to optimize certain features and functionality of the VIXOLA Services. If a User elects, via their Account, to syndicate Content on third party sites the User, and not VIXOLA, is solely responsible for notifying each such third party site that VIXOLA may track information regarding the third party users, solely in connection with their access of User Content.

VIXOLA respects the intellectual property rights of others and insist Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, VIXOLA will respond expeditiously to claims of potential copyright infringement committed using VIXOLA Services. Copyright owners or a party authorized to act on behalf of an owner, should please report potential copyright infringement by completing the following DMCA notice and delivering it to the VIXOLA Designated Copyright Agent. Upon receipt, VIXOLA will take whatever action, in its sole discretion, it deems appropriate, including removal of the potentially infringing material and/or termination of the potential infringer's Account.

Please send either an email to copyright@VIXOLA.com (Subject: DMCA Notification), a facsimile to: XXXXXXXXXX (Attn: COPYRIGHT Notification), or letter to the address provided below with all of the following information:

1. Identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

2. Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material. Providing URLs in the body of an email is the best way to help VIXOLA locate Content quickly.

3. Provide Information reasonably sufficient to permit VIXOLA to contact you, the complaining party, such as an address, telephone number, and, if available, an electronic mail address.

4. A statement that you, as the complaining party, or as one who has authorization to act on behalf of the copyright owner, 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. As an example, "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner or its agent."

5. A statement 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. As an example, "I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

6. Provide your full legal name and your electronic or physical signature.

Such written notice should be sent to VIXOLA's designated agent as follows:

The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/Copyright.pdf. To file a counter-notification with VIXOLA, a written communication that sets forth the items specified below must be provided.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. VIXOLA will terminate any User who is a repeat infringer. Accordingly, any User is not sure whether certain material infringes the copyright of others, should contact an attorney.

1. Elements of Counter-Notification
To file a Counter-Notification, please send either an email to copyright@VIXOLA.com (Subject: COPYRIGHT Counter-Notification), a facsimile to: FAX NUMBER(Attn: COPYRIGHT Counter-Notification), or letter to the address provided below with all of the following information:
To expedite VIXOLA's ability to process counter notifications, please use the following format (including section numbers):

(a) Identify the specific URLs of material that VIXOLA has removed or to which VIXOLA has disabled access.

(b) Provide your full name, address, telephone number, and email address, and the username of the Account.

(c) Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

(d) Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

(e) Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.

Such written notice should be sent to VIXOLA's designated agent as follows:

2. What happens next?

After VIXOLA receives a counter-notification, VIXOLA will forward it to the party who submitted the original claim of copyright infringement. Please note that when VIXOLA forwards the counter-notification, it will includes any personal information provided to VIXOLA and submitting a counter-notification requires unencumbered consent to having such information revealed in this way. VIXOLA will not forward the counter-notification to any party other than the original claimant.

After VIXOLA sends out the counter-notification, the claimant must then notify VIXOLA within ten (10) days that he or she has filed an action seeking a court order to restrain the infringer from engaging in infringing activity relating to the material distributed via the VIXOLA Services. If VIXOLA receives such notification, VIXOLA will be unable to restore the Content to the VIXOLA Services until resolution of any court action. If VIXOLA does not receive such notification, VIXOLA may, at its sole discretion, reinstate the Content.

1. The VIXOLA Services may not be used to intentionally or unintentionally violate any applicable local, state, national or international law, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law or use VIXOLA or the VIXOLA Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities, or upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.

2. Users agree to comply with all applicable laws, rules and regulations that apply to their use of the VIXOLA Services. Users, and not VIXOLA, shall be responsible for ensuring that their use of the VIXOLA Services does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, without limitation, U.S. law, regarding the transmission of copyrighted, trademarked Content or personally identifiable information or controlled technical data.

3. Users shall not use the VIXOLA Services to upload, download, post, e-mail, transmit, transfer, distribute, display or link to Content that: (a) promotes illegal activity, or provides instructions for illegal activity; (b) exploits images or discloses personally identifiable information of children under eighteen (18) years of age or otherwise harms minors in any way; (c) it does not have the right to use for the purposes of this Agreement; (d) is unlawful, harmful, threatening, abusive, violent, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful or racially, sexually, ethnically or otherwise objectionable; (e) infringes the intellectual property or proprietary rights of any third party; (f) is in any way related to any raffle, sweepstakes, contest or game requiring a fee by participants; (g) directly or indirectly is used for "junk mail", "spam", "chain letters", "pyramid schemes", or any other like form of solicitation; and (h) contains any malicious or invasive software, or that could diminish the quality of, interfere with the performance of, or impair the functionality of the VIXOLA Services (collectively, the "Prohibited Content").

VIXOLA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE VIXOLA SERVICES FOR COMPANY'S PURPOSES, THAT THE USE OF THE VIXOLA SERVICES OR ACCOUNT SHALL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE VIXOLA SERVICES SHALL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY TECHNOLOLGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. THE VIXOLA SERVICES ARE PROVIDED "AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE VIXOLA SERVICES MAY BE SUBJECT TO INTERRUPTION, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET APPLICATIONS AND ELECTRONIC COMMUNICATIONS AND VIXOLA IS NOT RESPONSIBLE FOR ANY SUCH DELAYS, DELIVERY FAILURES, OR ANY OTHER DAMAGE RESULTING FROM EVENTS BEYOND VIXOLA'S REASONABLE CONTROL.