1. ACCEPTANCE OF TERMS

iMooch, Inc. ("IMOOCH") provides the information and services on IMOOCH.com to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of IMOOCH constitutes agreement with such Terms. Before using IMOOCH, please carefully read this agreement relating to your use of IMOOCH. By using IMOOCH, you agree to be bound by and fully accept these terms and conditions. If you do not agree to these terms and conditions, please do not use IMOOCH. IMOOCH reserves the right, at IMOOCH's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website When implementing major, substantive changes, IMOOCH intends to provide users with up to fourteen days of advance notice. Your continued use of the IMOOCH following the posting of changes to these Terms will mean that you accept those changes.

IMOOCH reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). IMOOCH shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

2. DESCRIPTION OF SERVICES

IMOOCH provides access to a rich collection of resources, including an online community of connected people who create content, read, view, listen to, edit, rate and share content with networks of other IMOOCH users, through a network of properties which may be accessed via the Internet (the "Service"). As a user of the Service, you understand and agree that the Service may also include advertisements that are necessary for IMOOCH to provide the Service, and the Service may include certain communications from IMOOCH, such as service announcements and administrative messages, and you will not be able to opt out of receiving such communications. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new IMOOCH properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that IMOOCH assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements.

IMOOCH is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 13 years of age to access and view the Service. In addition, please be aware that IMOOCH has created certain areas on the Service that may contain adult or mature content. You must be at least 18 years of age to access and view such areas.

3. NO UNLAWFUL OR PROHIBITED USE

By using IMOOCH, you warrant that you will not use IMOOCH, or any of the content obtained from IMOOCH, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the IMOOCH automatically terminates.

4. CONTENT

All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that You, and not IMOOCH, are entirely responsible for all Content that You upload, post, email or otherwise transmit via the Service. You shall not transmit Content or otherwise conduct or participate in any activities on Service that, in the sole judgment of IMOOCH, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.

IMOOCH does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IMOOCH be liable in any way for any Content, including, but not limited to, for 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 Content posted, emailed, transmitted or otherwise made available via the Service.

You acknowledge that IMOOCH may or may not pre-screen Content, but that IMOOCH and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, IMOOCH 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 use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by IMOOCH or submitted to IMOOCH.

5. REGISTRATION

In order to use certain aspects of the Service, you are required to register and establish an online account with IMOOCH. We refer to registered users as members ("Members") and subject Members to the following specific terms:

a. Legal Age. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (ii) 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 IMOOCH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IMOOCH has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).

b. Confidentiality. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify IMOOCH of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. IMOOCH cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6. You agree that your IMOOCH Member account is non-transferable and any rights to your IMOOCH password, username or account information or Content within your Member account terminate upon your death. Upon receipt of a copy of a death certificate, your Member account may be terminated and all Content therein permanently deleted.

c. Ownership. IMOOCH does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to such Content (including but not limited to articles, comments, photos, graphics, audio, or video you submit or make available), you grant IMOOCH a world-wide, royalty free, perpetual, unlimited, and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display such Content via the Service or on any other IMOOCH property. IMOOCH reserves the right to syndicate the Content submitted, posted, and/or displayed by you and to use that Content in connection with other services offered by IMOOCH. You also agree that, if you post Content containing adult or sexually explicit material that is not suitable for minors, you will mark the Content as such. If your posted Content contains material that is adult or sexually explicit and you do not mark it appropriately, IMOOCH shall have the right to cancel your membership.

d. Causes for Termination. You agree that IMOOCH may, under certain circumstances and without prior notice, immediately terminate your IMOOCH account, any associated email address, any associated username, and/or access to the Service. Cause for such termination shall include, but not be limited to,

• (i) breaches or violations of the Terms or other incorporated agreements, guidelines, policies or rules,
• (ii) requests by law enforcement or other government agencies,
• (iii) unexpected technical or security issues or problems,
• (iv) extended periods of inactivity,
• (v) your engagement in fraudulent or illegal activities, and/or
• (vi) nonpayment of any fees owed by you in connection with the Service.

e. Termination Procedure. Termination of your IMOOCH account includes,

• (i) removal of access to all offerings within the Service,
• (ii) deletion of your password, username and all related information, files and Content associated with or inside your account (or any part thereof), and
• (iii) barring further use of the Service. Further, you agree that all terminations for cause shall be made in IMOOCH's sole discretion and that IMOOCH shall not be liable to you or any third-party for any termination of your account, any associated email address, username or access to the Service.

f. Legal Guardian. If you are under age 18, you may only make purchases via the Service with the involvement of a parent or guardian.

IMOOCH and its affiliates reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in their sole discretion.

6. APPROPRIATE CONDUCT AND MEMBER DISPUTES

Please read the following section carefully, as it governs your conduct while using the Service, and by using the Service, you agree to be bound by these terms.

a. Appropriate Conduct. You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to use the Service only to send and receive messages and material that are legal and proper. By way of example, and not as a limitation, you agree that when using the Service, you will not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• engage in personal attacks of any kind against any member of the IMOOCH community;
• post any inappropriate, defamatory, infringing, obscene, libelous or unlawful Content;
• post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post such Content;
• post messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, junk mail, spam, or any other form of solicitation;
• engage in inappropriate or excessive flagging or rating of Content;
• download any file posted by another user that you know, or reasonably should know cannot be legally distributed in such manner;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted;
• use or create inappropriate usernames;
• restrict or inhibit any other user from using and enjoying the Service;
• use the Service for any illegal or unauthorized purpose including but not limited to distributing spam;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
• submit Content that falsely expresses or implies that such Content is sponsored or endorsed by IMOOCH;
• create Member accounts by automated means or under false or fraudulent pretenses;
• promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; or
• engage in "ad slamming" of any nature, including the repeated clicking on advertisements to increase potential earnings to you, to increase potential costs to an advertiser, or for any reason other than viewing an advertisements as a potential consumer.

While IMOOCH prohibits the conduct and Content described above in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use the Service at your own risk.

b. Member Disputes. You are solely responsible for your interactions with other IMOOCH users. As a Member, you are expected to tolerate viewpoints and perspectives with which you may not agree. IMOOCH is not obligated to arbitrate, or resolve in any manner, disputes that arise between Members. IMOOCH reserves the right but has no obligation, to monitor disputes between you and other Members, and to take any action, in IMOOCH's sole discretion, that may be appropriate under the circumstances. Such actions may include, but are not limited to the suspension or termination of memberships and the removal of inappropriate content.

c. Reporting Objectionable Behavior or Content. If you encounter Content or behavior that you think violates the Terms, you can report the incident to IMOOCH by clicking on the "Report" link following the comment box. You can also send us a message at support@imooch.com. Please state the reasons for your concern and provide a link to the Content or behavior in question.

If the Content or behavior is determined to be inappropriate, then it is removed from the Service and the author is notified. All such determinations may be made at IMOOCH's sole discretion. IMOOCH may allow the author to modify the Content or change the behavior so that it is compliant with the Terms, and, assuming that it is, it may be subsequently released on the Service. IMOOCH reserves the right to terminate a Member's account at any time we determine that to be an appropriate response to the Content or behavior in question.

7. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your username) or Content you do not own, use of the Service or Content you do not own, or access to the Service or Content you do not own, without the express written consent of IMOOCH.

8. GENERAL PRACTICES REGARDING USE AND STORAGE

IMOOCH may establish general practices and limits concerning use of the Service. While IMOOCH will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, IMOOCH has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any IMOOCH Site. IMOOCH reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. IMOOCH reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.

9. LINKS

IMOOCH, any IMOOCH Site or a third party may provide links to other websites. IMOOCH exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. IMOOCH shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.

IMOOCH'S Privacy Statement is applicable only when you are on an IMOOCH Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.

10. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY

You hereby agree to defend and hold harmless IMOOCH, and its parent corporation and affiliates and their respective officers, employees and agents, and each of IMOOCH's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of or fromYour Content, acts or omissions, including claims arising out of or from Your use of the Service or Your violation of the Terms.

EACH USER'S USE OF IMOOCH IS AT HIS OR HER SOLE RISK. IMOOCH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND IMOOCH ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IMOOCH 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. SPECIFICALLY, IMOOCH MAKES NO WARRANTY THAT (i) IMOOCH OR ANY SERVICE THEREIN WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF IMOOCH'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IMOOCH SHALL NOT BE LIABLE FOR ANY DIRECT, 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 IMOOCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY IMOOCH OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON IMOOCH; OR ANY OTHER MATTER RELATING TO THE IMOOCH. IN NO EVENT SHALL IMOOCH'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. 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 MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN IMOOCH AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, IMOOCH DOES NOT AND CANNOT CONTROL THE ACTIONS OF IMOOCH SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO IMOOCH. OPERATION OF IMOOCH MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY IMOOCH.

11. TRADEMARK INFORMATION

IMOOCH, the IMOOCH logo and other IMOOCH trademarks, service marks, and product and service names are IMOOCH trademarks or registered trademarks in the United States and in other countries (the "IMOOCH Marks"). All other names and designs may be trademarks of their respective owners. Users may display or use the IMOOCH Marks only in accordance with written permission from IMOOCH.

12. IMOOCH'S PROPREITARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of IMOOCH and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by IMOOCH or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

IMOOCH grants you a personal, non-transferable and non-exclusive right and license to use the Service and Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by IMOOCH for use in accessing the Service.

13. COPYRIGHTS

IMOOCH respects the intellectual property rights of others, and requires that the people who use the IMOOCH do the same. It is our policy to respond promptly to claims of intellectual property misuse.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify in accordance with the Digital Millennium Copyright Act OF 1998 ("DMCA") us by using the 'REPORT ABUSE' form provided on the website, or by contacting us directly via email or registered postal mail with the following information:

• the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
• identification of the copyrighted work that you claim has been infringed;
• identification of the material that is claimed to be infringing and information reasonably sufficient to permit IMOOCH to locate the material, including the full URL.
• your name, 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

To notify IMOOCH, inc. of claimed infringement under the DMCA contact:

IMOOCH, Inc.
42 West 24th Street
New York, NY 10010
support@imooch.com

After receiving a claim of infringement, IMOOCH will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, IMOOCH will act expeditiously to remove or disable access to any material that is infringing or is the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is infringing. IMOOCH will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.

14. WEBSITE LISTING FEES AND REWARDS PAYMENTS

Fees collected by IMOOCH are solely for hosting and access to IMOOCH services. You do not retain any portion of that fee as stored value. All 'tips' available to and given by users of IMOOCH to any other user are considered votes and do not represent real currency or a payment from one user to another. IMOOCH reserves the right to grant rewards payments to any user for any amount at its sole discretion. Under credit card association rules, IMOOCH cannot permit and specifically prohibits the use of the Service as a funding method for payment processors to collect payments on behalf of merchants.

IMOOCH will make best efforts to respect the voting of site users (via 'tips') when granting rewards, but reserves the right to adjust tip amounts at its sole discretion when a user is believed to be in violation of the Terms.

In the event that IMOOCH determines that a user or mooch violates the Terms, IMOOCH reserves the right to remove the mooch and terminate the user's account and listing agreement. IMOOCH will only be responsible for refunding the listing fee on a pro-rated basis relative to the length of the listing agreement. IMOOCH is not liable for any rewards based on user voting for a terminated mooch.

IMOOCH will pay you in approximately 30-days after a 'cashout' request has been submitted. IMOOCH reserves the right to modify the payment methodology and hold such payment at its sole discretion.

All policies regarding tipping, voting, rewards, cashouts, account balances and website payments are found in these Terms, regardless of other terminology found on the website which has been written for entertainment purposes.

IMOOCH reserves the right to remove a mooch listed for free using a promotional coupon code for any reason (for example the user has listed a mooch with incomplete or irrelevant content that does not respect the entertainment purposes of the site). In such cases, the user is not entitled to any cash refund or rewards payments.

15. GENERAL INFORMATION

The Terms constitute the entire agreement between each user and IMOOCH and govern each user's use of IMOOCH, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and IMOOCH shall be governed by the laws of the State of New York without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of New York County. If any provision of the Terms 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 Terms remain in full force and effect.

16. VIOLATIONS

Please report any violations of the Terms (except for claims of intellectual property infringement) to the IMOOCH Site Director at support@imooch.com.