Scope of Agreement
Please carefully read this Agreement, the Jookster Privacy Policy and the Jookster Conditions of Use (collectively, the “Agreement”). By using this web site you agree to be bound by the terms of its use. If you do not agree to be bound by this Agreement, please leave this site immediately. By downloading and using this service and software, including any third party software made available in conjunction with this service and software (collectively, the “Jookster Toolbar”), you will be bound by the terms of this Agreement. If you do not wish to be bound by this Agreement, do not indicate your agreement, and do not use the Jookster Toolbar; click the "I disagree" button to exit the installer.

Unless we specifically state otherwise, any new features or software that augment or enhance the current version of the Jookster Toolbar or the Jookster Network, including such things as upgrades, fixes or enhancements, are also subject to this Agreement.

Changes to this Agreement  
Jookster may update and change any of the terms and conditions contained in this Agreement, including the Privacy Policy, the Conditions of Use and other policies and guidelines governing the Jookster Toolbar and/or the Jookster Network, at any time in its sole discretion. You can always find the most recent version of this Agreement at http://www.jookster.com/terms.aspx. Jookster may change this Agreement by posting a new version without notice to you. Use of the Jookster Toolbar or the Jookster Network after such change constitutes acceptance of such changes. If at any time you do not agree to all of the terms and conditions of this Agreement, as it may change from time to time, immediately terminate your use of the Jookster Network and uninstall the Jookster Toolbar.

Privacy Policy
Jookster knows that you care how information about you is used and shared. Information collected through the Jookster Toolbar and/or the Jookster Network is subject to the Jookster Privacy Policy, which is posted on http://www.jookster.com/privacy.aspx. This Policy may be revised at any time in Jookster’s sole discretion. You should carefully read the Privacy Policy and periodically review it for any changes or updates. Our Privacy Policy, as it may change from time to time, is considered to be part of this Agreement.

License
The proprietary software associated with the Jookster Toolbar and the Jookster Network, which shall be deemed to include any enhancements or modifications thereto and any related documentation, is a copyrighted work and the subject of US patent. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, Jookster grants to you a personal, limited, revocable, nonexclusive, nonassignable and nontransferable license to download, install and use the executable code version of the Jookster Toolbar solely as permitted under this Agreement. This license does not entitle you to receive from Jookster any hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Jookster Toolbar. Your license to the Jookster Toolbar under this Agreement and your access to the Jookster Network continues until it is terminated by either party, without prior notice or liability to either you or Jookster for such termination. You may terminate this Agreement by discontinuing use of all and any of the Jookster Toolbar and the Jookster Network and by uninstalling and/or destroying all your copies of the applicable Jookster Toolbar. Your license terminates automatically if you violate any term of this Agreement, Jookster publicly posts a written notice of termination on Jookster's Web site, or Jookster emails a notice of termination to you at the email address you used to register (even if email to that address is undeliverable).

All rights not expressly granted to you by the foregoing paragraph are reserved by Jookster.

Your Responsibilities
Your responsibilities as a user of the Jookster Toolbar and the Jookster Network are as follows. You agree you shall:

• Represent only yourself on the Jookster Toolbar and the Jookster Network, and no other persons, living, dead, or imagined. The Jookster Toolbar and the Jookster Network may only be used by natural persons (i.e., individuals) on their own behalf and not by or on behalf of any entity unless explicitly permitted by Jookster in writing.
• Provide true, accurate, current and complete information to Jookster, whether it is the information required for registration to use the Jookster Toolbar, or for other purposes, and maintain and promptly update such information to keep it accurate, current and complete.
• Provide all equipment necessary to access the Web and pay any service fees associated with such access.
• Maintain the security of your personal information, including, without limitation, account and login information, passwords and financial information.
• Immediately notify Jookster of any unauthorized use of a user’s account or any other breach of security known to you.

• Decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Jookster Toolbar, the
• Jookster Network, or any portion thereof; s Incorporate the Jookster Toolbar into any computer chip or the firmware of a computing device manufactured by or for you; or
• Sell, lease, loan, distribute, transfer, or sublicense the Jookster Toolbar or access thereto or derive income from the use or provision of the Jookster Toolbar or the Jookster Network, whether for direct commercial or monetary gain or otherwise, without Jookster's prior, express, written permission.

You also agree you may not and will not use the Jookster Toolbar or the Jookster Network to:

• Publish, distribute or “jook” any defamatory, infringing, obscene, indecent or unlawful material or information;
• Defame, abuse, harass, threaten or violate the legal rights of others; s Send unsolicited e-mail;
• Engage in any commercial purpose, including, but not limited to, advertising or offering to sell any goods or services;
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
• Upload or “jook” files that contain software or other material protected by intellectual property laws (or by rights of privacy) unless you own or control the rights thereto or you have received all necessary consent;
• Delete or modify any author attributions, legal notices or other proprietary designations or labels in any file that is uploaded;
• Falsify the origin or source of software or other material contained in a file that is uploaded;
• Download or “jook” any file that you know, or reasonably should know, cannot be legally distributed via the Jookster Toolbar or the Jookster Network;
• Reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose the software, products or services provided by the Jookster Toolbar or Jookster or obtained from the Jookster Web site without obtaining the express, prior written consent of Jookster (this restriction includes any attempt to incorporate any information from the Jookster Toolbar or the Jookster Network into any other directory, product, or service);
• Collect or store personal data about others; or
• Use the Jookster Toolbar or the Jookster Network in an automated manner or in any other manner that could damage, disable or otherwise impair Jookster's systems or services, and you may not use the Jookster Toolbar or the Jookster Network in any manner that could interfere with any other party's use and enjoyment of Jookster’s systems or services.

The Jookster Toolbar and the Jookster Network may not be used or exported in any unlawful manner or for any unlawful purpose. You agree to comply with all applicable laws and regulations.

Enforcement
Jookster may investigate any suspected or reported violation of this Agreement, its policies and guidelines or any complaints, and take any action that it deems appropriate under the circumstances to protect its systems, facilities, users and/or third parties. Jookster also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Among other actions, Jookster may issue warnings, suspend or terminate the Jookster Toolbar, and/or remove or disable access to content hosted on Jookster's systems. Jookster reserves the right and has absolute discretion to remove or disable access, screen or edit any content that violates these provisions or is otherwise objectionable. To cooperate with governmental requests, to protect Jookster's systems and users, to ensure the integrity and operation of Jookster's business and systems, or in response to subpoenas, court orders, or legal requirements, Jookster may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, and usage paths. By using the Jookster Toolbar you expressly consent to the foregoing use and disclosure.

Copyrights
All content included on the Jookster Toolbar, such as text, graphics, logos, button icons, and images, is the property of Jookster or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Jookster Toolbar is the exclusive property of Jookster and protected by U.S. and international copyright laws.

Trademarks
“Jookster”, the Jookster logo, and other marks indicated on the Jookster Toolbar and/or the Jookster Web site are trademarks of Jookster Networks, Inc. or its affiliates in the United States and other countries. Other Jookster graphics, logos, button icons, scripts, and service names are trademarks or trade dress of Jookster or its affiliates. Jookster’s trademarks and trade dress may not be used in connection with any product or service that is not Jookster's, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Jookster. All other trademarks not owned by Jookster or its affiliates that appear on the Jookster Toolbar are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Jookster or its affiliates.

Ownership and Relationship of Parties
The Jookster Toolbar and the Jookster Network are protected by patents, copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Agreement. Jookster and Jookster’s licensors and content and data providers ("Jookster Licensors") own all rights, title, and interest in and to their applicable contributions to the Jookster Toolbar and the Jookster Newtork. This Agreement grants you no right, title, or interest in any intellectual property owned or licensed by Jookster, including (but not limited to) the Jookster Toolbar, the Jookster Network and Jookster trademarks, and creates no relationship between you and Jookster's Licensors, or between you and Jookster other than that of Jookster to licensee.

Support and Software Updates
Jookster may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the Jookster Toolbar or the Jookster Network (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Jookster may change, suspend, or discontinue any aspect of the Jookster Toolbar or the Jookster Network at any time, including the availability of any Jookster Toolbar or Jookster Network feature, database, or content. Jookster may also impose limits on certain features and services or restrict your access to parts or all of the Jookster Toolbar, the Jookster Network or the Jookster Web site without notice or liability. Jookster reserves the right (but no obligation) to send e-mail to you for the purpose of informing you of changes or additions to the Jookster Toolbar, the Jookster Network, or of any Jookster related products and services.

Additional Software
Any software (other than the actual Jookster Toolbar software) that is made available for download from the Jookster Web site ("Additional Software") is the copyrighted work of Jookster and/or its suppliers. Use of the Additional Software is governed by the end user license agreement ("EULA"), if any, that accompanies or is included with the Additional Software, except that the actual Jookster Toolbar shall be governed by the terms of this Agreement. You shall not install or use any Additional Software that is accompanied by or includes a EULA, unless your first agrees to the EULA. For any Additional Software not accompanied by a EULA, Jookster hereby grants you a personal, limited, revocable, nonexclusive, nonassignable and nontransferable license to use the Additional Software to the same extent, and subject to the same terms and conditions, that you may use the Jookster Toolbar as set forth in this Agreement.

Fees and Payments
Jookster reserves the right to charge fees for future use of or access to the Jookster Toolbar, the Jookster Network or the Jookster services and web sites (collectively, "Jookster Software Services") in Jookster's sole discretion. If Jookster decides to charge for the Jookster Software Services, such charges will be disclosed to you before they become effective.

Site Links and Content
The Jookster Toolbar and the Jookster Network may contain or provide access to links and pointers to Internet sites maintained by third parties. Jookster does not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for the convenience of users, and do not constitute any endorsement by Jookster and/or its suppliers. You assume sole responsibility for use of third party links and pointers and any products, services, content or other materials obtained on or through any such sites.

Jookster does not control the content posted via the Jookster Software Services by others and, as such, does not guarantee the accuracy, integrity or quality of such content or make any representations or warranties about it. You understand that by using the Jookster Software Services you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Jookster be liable in any way for any such content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, e-mailed or otherwise transmitted via the Jookster Toolbar, the Jookster Network or any other component of the Jookster Software Services.

Content provided by Jookster carries relevant copyright notices and attributions. Jookster will not be held liable for any of this information, nor any harm it might cause, nor for its accuracy or inaccuracy.

You acknowledge that Jookster does not endorse the contents of any user’s communications and that Jookster is not responsible for material in a user’s communication that is threatening, libelous, obscene, harassing or offensive or that infringes any third party intellectual property rights, or that facilitates any crime.

Content From You
If you have comments on the Jookster Toolbar or the Jookster Network or ideas how to improve it, or want to provide any other content, please email to feedback@jookster.com. Please note that by doing so, you grant Jookster and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, without compensation to you. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Jookster and its affiliates for all claims arising from content you supply. Jookster has the right but not the obligation to monitor and edit or remove any activity or content. Jookster takes no responsibility and assumes no liability for any content submitted by you or any third party.

Disclaimer of Warranties by Jookster
Jookster and any third party who makes its software available in conjunction with or through the Jookster Software Services disclaim any responsibility for any harm resulting from your use of the Jookster Software Services and/or any third party software accessed in conjunction with or through the Jookster Software Services.

THE JOOKSTER SOFTWARE SERVICES AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE JOOKSTER SOFTWARE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER. JOOKSTER AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JOOKSTER AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE JOOKSTER SOFTWARE SERVICES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF JOOKSTER SOFTWARE SERVICES AND SUCH THIRD PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE JOOKSTER SOFTWARE SERVICES AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE JOOKSTER SOFTWARE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF JOOKSTER SOFTWARE SERVICES AND SUCH THIRD PARTY SOFTWARE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL JOOKSTER OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE JOOKSTER SOFTWARE SERVICES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF JOOKSTER SOFTWARE SERVICES OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF JOOKSTER AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE JOOKSTER SOFTWARE SERVICES AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE JOOKSTER SOFTWARE SERVICES, FROM INABILITY TO USE THE JOOKSTER SOFTWARE SERVICES AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE JOOKSTER SOFTWARE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF JOOKSTER SOFTWARE SERVICES AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE JOOKSTER SOFTWARE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

No advice or information, whether oral or written, obtained by you from Jookster or any of its employees, agents or affiliates or through the Jookster Software Services shall create any warranty not expressly made herein.

Jookster assumes no responsibility for the deletion or failure to store any user information.

Indemnification
You agree to defend, indemnify, and hold harmless Jookster and Jookster Licensors from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorneys’ fees, relating to or arising out of any breach of this Agreement or any use of the Jookster Software Services by you, or by any other person using the Jookster Software Services through you or using your computer, your (or such other person’s) violation of any terms or conditions of this Agreement, your (or such other person’s) violation of applicable laws, or your (or such other person’s) violation of any rights of another person or entity.

Applicable Law; Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington and the Federal Arbitration Act, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in King County, Washington.

Arbitration
You and Jookster agree any and all disputes and claims relating in any way to this Agreement (including the arbitrability of any claim or dispute and the enforceability of this paragraph), with the exception set forth in the next paragraph, shall be submitted to and resolved by means of confidential arbitration conducted in the State of Washington, King County. If you and Jookster cannot agree on arbitrators, they shall be appointed by the Presiding Judge of the King County Superior Court. The arbitration shall be conducted under the then prevailing Commercial Arbitration Rules of the American Arbitration Association ("AAA"). You and Jookster may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator. The arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby excluded. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other current or former user of Jookster Software Services, whether through class arbitration proceedings or otherwise.

However, to the extent you have in any manner violated or threatened to violate Jookster’s intellectual property rights, Jookster may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts.

Waiver; Severability
Jookster’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of Jookster’s right to subsequently enforce such right or provision or any other rights or provisions of this Agreement. No waiver of this Agreement shall be effective unless in writing. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Complete Agreement
This Agreement (including the Jookster Conditions of Use and the Jookster Privacy Policy) constitutes the entire understanding between the parties respecting use of the Jookster Software Services, superseding all prior agreements between you and Jookster. In the event of any conflict between the terms and conditions of this Agreement and those in the Jookster Conditions of Use or the Jookster Privacy Policy, the terms and conditions of this Agreement will control, except to the extent that the Jookster Conditions of Use or the Jookster Privacy Policy impose additional restrictions and liabilities on your actions.

Notices
Jookster can send you notice by sending you an email, or by posting on its Web site. If you wish to give a notice to Jookster, you may do so by either email or regular mail, and your notice will be effective only when received.

Surviving Provisions
The following sections will survive any termination of this Agreement: Enforcement, Sight Links and Content, Disclaimer of Warranties by Jookster, Limitation of Liability, Indemnification, Ownership and Relation of Parties, Fees and Payments, Content From You, Applicable Law;Jurisdition and Venue, Arbitration, Waiver;Severability, Complete Agreement, and Surviving Provisions.