WHERE’S MY MEDIA TERMS OF SERVICE

PLEASE READ THESE TERMS CAREFULLY BEFORE CLICKING ON THE "ACCEPT" BUTTON. BY CLICKING ON THE "ACCEPT" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, CLICK "I DO NOT ACCEPT" AND EXIT THIS REGISTRATION PROCESS.

Welcome to Where’s My Media.com.

BY ENTERING OR USING THE “WHERE’S MY MEDIA” SITE OR SERVICE YOU ARE CONSENTING TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING BUT NOT LIMITED TO THE PRIVACY POLICY AND OTHER USAGE GUIDELINES AND RULES THAT MAY BE POSTED FROM TIME TO TIME, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, DO NOT ENTER OR USE THE SERVICE.

“Where’s My Media” provides its “Where’s My Media” Service (as defined below) to you, subject to the following Terms of Service ("TOS"), which “Where’s My Media” may update from time to time. You are responsible for checking this page periodically for changes and updates to the TOS. Your use of the Service following any posted change(s) to the TOS will be deemed an acceptance of such change(s).

In addition, when using particular “Where’s My Media”.com services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. In addition the materials posted on the “Where’s My Media” Service are protected by the copyright laws of the United States and other countries and you are only allowed to use the materials in accordance with applicable law. You may not copy, reproduce, retransmit, distribute, display, publish, sell, resell, commercially export or transfer any material in any form except as permitted by the TOS.

Note that persons under the age of thirteen cannot use the Service unless they provide “Where’s My Media” with evidence satisfactory to “Where’s My Media” of their parent's or guardian's express consent to use of the Service.

1. DESCRIPTION OF SERVICE

“Where’s My Media”.com provides users with an easy-to-use solution for uploading, archiving, retrieving, viewing and sharing documents, video and audio content ("Content") on the Web, as set forth below (the "Service"). Unless explicitly stated otherwise herein, any new features that augment or enhance the current Service shall be subject to this TOS.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

You understand, acknowledge, and agree that “Where’s My Media” may, but is not obligated to, prescreen or otherwise review any Content submitted by you and other users for any purpose, and that “Where’s My Media” and its designees, partners and affiliates shall have the right (but not the obligation), in their sole discretion, to edit, refuse to post or remove any Content that is submitted or made available via the Service. Without limitation of the foregoing, “Where’s My Media” and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the posting, viewing or use of any Content. You understand that any Content posted is the responsibility of the person posting the Content and not “Where’s My Media”. Under no circumstances shall “Where’s My Media” be liable for any Content posted, including any objections by to the Content posted by others, or for any loss or liability incurred as a result of the use of the Service.

Professional Service. The Professional Use Service is described below. “Where’s My Media” reserves the right to add, alter or remove features of the Professional Use Service at any time. The fee for Professional Use Service will be posted at the “Where’s My Media”.com website (www.WheresMyMedia.com). “Where’s My Media” will charge the applicable fees to the credit or debit card account provided by you upon your registration for Professional Service.

You hereby agree to pay all charges applicable to the Service to which you subscribe at the prices and upon terms as set forth herein and as updated from time to time by “Where’s My Media”. All charges will be exclusive of sales tax or other taxes, except as required by law. “Where’s My Media” reserves the right to change prices or institute new charges for access to or use of the Services at any time. All changes will be posted on the “Where’s My Media”.com Web site (www.WheresMyMedia.com), and such posting shall be considered sufficient notice to you. You are responsible for regularly reviewing pricing information so posted to obtain timely notice of such changes. Continued use of a Service or non-termination of a Service after changes are posted constitutes your acceptance of the prices and/or changes as modified by the posted changes.

Payment shall be made by credit or debit card, or, for Professional Use Service only, based on an invoice issued by “Where’s My Media”. If payment is not received by “Where’s My Media” from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by “Where’s My Media”. “Where’s My Media” reserves the right to suspend or terminate your Service without notice upon rejection of any credit or debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to “Where’s My Media” if “Where’s My Media” believes you are liable for the charge or if you do not pay “Where’s My Media”' invoice within thirty (30) days of the invoice date (for Professional Use Service only). Such rights are in addition to and not in lieu of any other legal rights or remedies available to “Where’s My Media”.

In the event that you cancel your subscription at any time, such cancellation will be effective upon the last day of your current month of membership (each month of membership ending on the one-month anniversary of the date you registered for the Service). In the event that you paid an annual membership fee in advance, you will receive a refund for the number of full months remaining in your annual membership term, on a pro rata basis, based on the annual fee paid by you in advance.

2. RULES FOR SUBMISSION AND USE OF ONLINE CONTENT

You understand that all Content posted on the Service is the sole responsibility of you or other users posting or transmitting such Content. This means that you, and not “Where’s My Media”, are entirely responsible for all Content that you upload, view or share via the Service. “Where’s My Media” does not control the Content posted via the Service and, as such, does not guarantee the integrity, appropriateness or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable to you, or content for which the party uploading the Content did not have the right to do so. Under no circumstances will “Where’s My Media” be liable in any way for any Content, including, but not limited to, any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

It is your obligation to ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting or sharing of any Content, or making such Content accessible to others, on or through the Service.

So that the Service is available for all users to enjoy, you may not, and you hereby represent and warrant that you will not, post, transmit or otherwise make accessible on or through the Services Content that:

is unlawful, harmful, threatening, tortious, defamatory, libelous, slanderous, in violation of an individual's right to privacy, abusive, disparaging, harassing, pedophilic, pornographic, obscene, hateful, or malicious;

actually harms or exploits, or has the possibility of harming or exploiting, or depicts harm to, minors in any way;

contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability or sexual orientation;

infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party; or

otherwise violates this TOS or any local, state, national or other applicable law or regulation.

In addition, you may not, in connection with your use of the Service:

impersonate any person or entity, including an “Where’s My Media” officer or employee, or falsely misrepresent your affiliation with any other person or entity;

forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any Content posted or transmitted though or on the Service;

post or transmit any Content that you do not have the right to post or transmit;

interfere with or disrupt the Service or any other user's use of the Service, or any server or network involved with the operation of the Service; or

collect or "harvest" from the Service the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.

Back-Up Copies

“Where’s My Media” is not obligated to maintain back-up copies of any contributed Content. We recommend that you retain a copy of all Content that you post or distribute to the Service.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or “Where’s My Media” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, “Where’s My Media” has the right to suspend, terminate, or refuse any and all current or future use of the Service (or any portion thereof).

4. “WHERE’S MY MEDIA”.COM PRIVACY POLICY

Our Privacy Policy can be viewed at http://www.WheresMyMedia.com/privacyPolicy.php. Registration Data and certain other information about you are subject to our Privacy Policy, to which you hereby agree.

5. PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify “Where’s My Media” of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. “Where’s My Media” cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. Without limitations to the generality of the aforesaid, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, the Service, as most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Service and the Internet in general, you may be subject to various risks, including among others eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information (including registration information, passwords and Content) received or delivered or intended to be made available on and through Service may be subject to these and other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. The Service is not different than other applications in this respect. Without limitation of the foregoing, although we take seriously the security of all member accounts and other personal and non-personal information associated with our visitors and participants, due to the open communication nature of the Internet, we can not guarantee that your account will be free from unauthorized access by third parties.

6. INTERNATIONAL USERS

“Where’s My Media” encourages users from around the world to use the Service. However, if you choose to use the Service, you understand, acknowledge and agree that your use of the Service is governed by this TOS and the laws and regulations of the United States regarding online conduct and acceptable Content. For example, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Service in a jurisdiction that prohibits or restricts the use of the Service, you agree that your use of the Service will be at your own risk, without limitation of any other provision of the TOS, and that “Where’s My Media” shall not have any liability with respect to such use.

7. LICENSE TO CONTENT PROVIDED BY YOU

With respect to Content you elect to post or transmit for inclusion in the Service, you grant “Where’s My Media” and its affiliates and partners the perpetual, world-wide, royalty free, non-exclusive, sublicensable license solely as follows: to use, reproduce, perform, display, distribute and publish such Content, in whole or in part, in all present and future media and in any manner, but only as necessary to provide the Service (including without limitation in connection with the appearance of such Content on “Where’s My Media” and on the sites of our affiliates, partners and others with whom “Where’s My Media” may have business relationships relating to the Service) and the distribution and promotion of the Service. Furthermore, you hereby represent and warrant that you have the right (and have obtained any and all rights, licenses, permissions, releases, approvals, clearances and credit or attribution information, and made any payment of all royalties, license or reuse fees, and any other payments necessary) to cause the Content to be reproduced, converted, digitized, transmitted, distributed, publicly performed and displayed, published and otherwise used in accordance with this license and that such activities, whether done by you or “Where’s My Media” or its affiliates and/or agents, shall not infringe any third party rights.

You retain all rights not granted herein to your contributed Content and you reserve the right to request that “Where’s My Media” remove your Content from “Where’s My Media”.com at any time. Without limitation of any of the rights granted to “Where’s My Media” herein, you acknowledge and agree that “Where’s My Media” may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of “Where’s My Media”, its users and the public.

8. INDEMNITY

You agree to indemnify and hold “Where’s My Media”, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any applicable laws or regulations or the rights of another.

9. NO RESALE OF SERVICE

You agree not to reproduce, copy, retransmit, distribute, display, publish, transfer, sell, resell or exploit for any commercial purposes, any Content or any portion of the Service, use of the Service, or access to the Service, without the express, prior written consent of “Where’s My Media” in each instance.

10. MODIFICATIONS TO SERVICE

“Where’s My Media” reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that “Where’s My Media” shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION

You agree that “Where’s My Media”, in its sole discretion, may terminate your password, account (or any part thereof) or any other use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if “Where’s My Media” believes that you have violated or acted inconsistently with the letter or spirit of this TOS. “Where’s My Media” may also, in its sole discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that “Where’s My Media” 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 “Where’s My Media” shall not be liable to you or any third-party for any termination of your access to the Service.

[In the event that “Where’s My Media” cancels or terminates any pre-paid Service membership during its term (except for due to your breach of this TOS or your violation of any law or regulation) “Where’s My Media” shall refund membership fees paid by you in advance, on a pro rata basis, for the remaining full months of your membership term, but is under no obligation to return any materials to you and is not responsible for any loss or damage to any materials.]

12. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because “Where’s My Media” has no control over such sites and resources, you acknowledge and agree that “Where’s My Media” is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that “Where’s My Media” shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource, and that your use of such content, goods and services shall be subject to the terms and conditions set forth by such third party.

13. “WHERE’S MY MEDIA” PROPRIETARY RIGHTS

You hereby acknowledge and agree that, as between “Where’s My Media” and you, all right, title and interest in and to the Service, and the provision thereof, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how and all other intellectual property rights pertaining thereto, shall be owned exclusively by “Where’s My Media”. Except as expressly authorized by “Where’s My Media” herein you agree not to make, copy, display, modify, rent, lease, license, loan, sell, distribute or create derivative works of the Content or the Service, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by “Where’s My Media” for use in accessing the Service.

You recognize the confidential, trade-secret, and proprietary nature of the “Where’s My Media” service, that it was compiled for the use of “Where’s My Media” and authorized users and represents the culmination of a substantial investment of time and money, and you agree to maintain its confidential and trade-secret nature unless given the express written approval from “Where’s My Media” to disclose such information. Confidential information includes but is not limited to:

The existence and design of plans and specifications for and other information relating to the “Where’s My Media” service;

The object code and source code form of the “Where’s My Media” service as well as all related documentation, manuals, training, and promotional materials;

Oral and/or written information designated as confidential in writing at the time of disclosure or afterwards; and

Information relating to “Where’s My Media”'s other products, designs, business or product plans, business opportunities, finances, product costs, marketing or personnel.

Because of the unique and proprietary nature of “Where’s My Media”, it is understood and agreed that “Where’s My Media”'s remedies at law for breach of this Agreement will be inadequate and that “Where’s My Media” shall, in addition to all other remedies at law or in equity, be entitled to injunctive relief without the requirement to post any bond.

All design, text, photographs, graphics, sound, software and other Content, and the selection and arrangement thereof, are the property of “Where’s My Media” or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Any use of materials on this site other than as described in the TOS is strictly prohibited.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. “Where’s My Media” EXPRESSLY DISCLAIMS 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. “Where’s My Media” ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT.

“Where’s My Media” MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

ANY UPLOADING, VIEWING AND DOWNLOADING OF CONTENT THROUGH THE USE OF THE SERVICE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE UPLOADING, VIEWING OR DOWNLOADING OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM “Where’s My Media” OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT “Where’s My Media” SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER BASED IN BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF “Where’s My Media” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR DATA; (iv) CONTENT, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT POSTED THEREON. IN NO EVENT WILL “Where’s My Media” BE LIABLE FOR ANY LOSS OR DAMAGE IN EXCESS OF THE LESSER OF ONE HUNDRED UNITED STATES DOLLARS ($100) OR THE AMOUNT PAID FOR THE PORTION OF THE SERVICE WHICH CAUSES SUCH LOSS OR DAMAGE.

16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

17. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

18. TRADEMARK INFORMATION

“Where’s My Media”, “Where’s My Media”, the “Where’s My Media” and “Where’s My Media” logos and other “Where’s My Media” and “Where’s My Media” buttons, product and service names are trademarks or service marks of “Where’s My Media” (the "“Where’s My Media” Marks") and are owned exclusively by “Where’s My Media”. Without “Where’s My Media”'s prior permission, you agree not to display or use in any manner, the “Where’s My Media” Marks.

19. COPYRIGHTS AND COPYRIGHT AGENTS

“Where’s My Media” respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide “Where’s My Media”'s Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the site;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

“Where’s My Media”'s Copyright Agent for Notice of claims of copyright infringement on its site is privacy@WheresMyMedia.com.

Or send a letter detailing the above information to:

Copyright Agent

c/o “Where’s My Media”

333 7th Avenue

10th Floor

New York, New York 10010

Phone: 212-683-1704

Facsimile: 212-683-9233

Upon proper notice of a potential copyright infringement, “Where’s My Media” will remove or disable access to the material in question and take reasonable steps to promptly notify the Subscriber responsible for the material of the removal or disabling. If “Where’s My Media” has removed or disabled access to materials you posted on the Service because of a complaint that the posting infringed someone else's copyright, and you disagree and want to have the materials returned to you, please provide the “Where’s My Media” Copyright Agent with the following:

your physical or electronic signature;

identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

a statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

your name, address, and telephone number;

a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which “Where’s My Media” may be found, and that you will accept service of process from the person who provided notification as above or an agent of such person.

If any copyright, trademark, patent, publicity rights, or other infringement comes to the attention of “Where’s My Media”, “Where’s My Media” reserves the right to delete all infringing materials and terminate the Subscriber's membership without receiving a complaint from the person whose rights have been infringed.

20. GENERAL INFORMATION

This TOS and the Beta Test Service Terms and Conditions, Home Use Service Terms and Conditions and Professional Use Service Terms and Conditions constitutes the entire agreement between you and “Where’s My Media” and governs your use of the Service, superceding any prior agreements between you and “Where’s My Media”. This TOS and the relationship between you and “Where’s My Media” shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Regardless of any law to the contrary any claim arising out of or related to these TOS or the Service must be filed within one year after such claim or cause of action arose or be forever barred. You and “Where’s My Media” agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York. The failure of “Where’s My Media” to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. Sections 7, 8, 9, 11, 12, 13, 14, 15, 16, 18, 19 and 20 of this TOS shall survive termination or expiration for any reason. The section titles in the TOS are for convenience only and have no legal or contractual effect.

21. VIOLATIONS

Please report any violations of the TOS to: privacy@WheresMyMedia.com.

Professional Use Service Terms and Conditions

These terms and conditions are in addition to, and do not replace or supercede, the “Where’s My Media” Terms of Service. Acceptance of these terms and conditions below also constitutes acceptance of the “Where’s My Media” Terms of Service.

Description of Professional Service.

“Where’s My Media” is an online, web based application that can be used through all phases of pre-production, production and post-production and can also be used as a digital archive of your work. Material can be uploaded to WheresMyMedia.com and shared with other users. Users can use the Create Campaign feature to view audio and video files, share comments, create storyboards and grab stills from video material. Users can also store broadcast-quality digital versions of finished audio/video material and request tape duplicates of this material.

“Where’s My Media” will bill for its services which include (but are not limited to) encoding of video/audio material, fees for online storage of digital files and any tape duplicates requested and any labor, materials or shipping fees utilized in any of the above. The fees for Professional Use Service will be posted at the “Where’s My Media”.com website (www.WheresMyMedia.com). “Where’s My Media” will charge the applicable fees to the credit or debit card account provided or by invoice (if arranged with “Where’s My Media” billing department) upon your registration for Professional Service.