Terms of service

PHONESEXKINGDOM.COM PRESENTS PHOTOGRAPHS AND AUDIO WORKS DEPICTING SEMI-NUDE FEMALES ENGAGING IN SEXUAL ACTIVITIES. YOU UNDERSTAND THAT BY USING THIS SERVICE, AND BY MERELY ACCESSING THIS
WEBSITE, YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT, OR OBJECTIONABLE. THE MATERIAL ON THIS WEBSITE/SERVER IS ADULT ORIENTED AND/OR SEXUALLY EXPLICIT AND IS RELATED TO MATERIAL OF AN ADULT NATURE. THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH PHONESEXKINGDOM.COM OFFERS YOU ACCESS TO ITS WEBSITE AND SERVICES ACCESS IS MADE AVAILABLE ONLY TO THOSE WHO ACCEPT THE TERMS OF THE

FOLLOWING AGREEMENT:

YOU MUST BE AT LEAST 18 YEARS OLD TO ACCESS AND USE PHONESEXKINGDOM.COM’S WEBSITE AND SERVICES.

Subscription, End User License Agreement & Terms of Service

This Terms of Service (the “TOS”) is a binding contract between you, an individual user (“you”) and S & D Design, LLC., an New Jersey Limited Liability Company (“PSK”), governing your
use of the Website and Service (defined in Section 2A, below). BY ACCESSING THE WEBSITE AND/OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICE. CONTACT [email protected]. IF YOU WANT PSK TO SEND YOU A COPY OF THIS TOS AND PSK’S PRIVACY POLICY.

Material Terms:

As provided in greater detail in this TOS (and without limiting the express language of this TOS), you acknowledge the following: the Service is licensed, not sold to you, and that you may
use the Service only as set forth in this TOS; The use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile or landline network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility; the Website and Service presents pictures of semi-nude females and audiovisual works depicting semi-nude females engaging in sexual activities. You understand that by using this Service, and by merely accessing this Website, you may be exposed to content that is offensive, indecent, or objectionable;

PSK is not a talent agent and is not licensed under the Labor Code of the State of California as a talent agent or as an employment agent or otherwise under the Business and Professions Code of the State of California, or as a theatrical employment agency or other employment agency under the General Business Law of the State of New York, or as any of the foregoing under the laws of any State including the State of Arizona, and PSK has not promised to procure employment or engagements for any of its performers; All proper model releases, permission to use images, as well as age verification of all performers are maintained as required by the Federal Government and pursuant to 18 U.S.C. §2257 and the person responsible for maintaining the records is PSK.
You agree not to reproduce, duplicate, copy, sell, distribute, rent, resell or exploit any portion of the Website, Service, use of the Service, or access to the Service; you consent to the collection, use, and disclosure of your personally identifiable information in accordance with PSK’s Privacy Policy; The Website and Service is provided “as is” without warranties of any kind and PSK’s liability to you is limited; The Subscriber may cancel his/her Subscription at any time subject to Section 5, below; some disputes arising hereunder will be resolved by binding arbitration. By accepting this TOS, as provided in greater detail in Section 20 of this TOS, you and PSK are each waiving the right to a
trial by jury or to participate in a class action;

You further agree that any claims made against you by PSK for copyright, trademark and/or infringement of any of PSK’s intellectual property shall not be resolved by binding arbitration
and you submit to the venue and jurisdiction of the courts of the State of New Jersey.

THIS IS A MATERIAL TERM OF THIS AGREEMENT AND SHOULD YOU CHOOSE NOT TO ACCEPT SUCH YOU SHOULD IMMEDIATELY LEAVE THIS WEBSITE and

1. SCOPE OF LICENSE. The Service is licensed, not sold, to you for use only under the terms of this TOS. PSK reserves all rights not expressly granted to you. Subject to your complete and
ongoing compliance with the terms and conditions of this TOS, PSK hereby grants you a personal, limited, revocable, non-transferable license to use the Service on a single compatible
device that you own or control, solely for your own private, personal, non-commercial use. You may not make the Service available over a network where it could be used by multiple
devices at the same time. You may not rent, lease, lend, redistribute or sublicense the Service. You may not attempt to derive the source code of, modify, or create derivative works of the
Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). If you breach these license restrictions or the
restrictions set forth in Section 10, or otherwise exceed the scope of the licenses granted herein, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this TOS will govern any updates provided to you by PSK that replace and/or supplement the original Service, unless such upgrade is accompanied by a separate license or revised TOS, in which case the terms of that license or revised TOS will govern.

2. GENERAL. A. Description of Services. The “Service(s)” means, collectively, PSK’s: (a) audiovisual service offering access to a selection of audiovisual works and other content (the
“Service”), whether available through our website located at https://PhoneSexKingdom.com (the “WebSite”) or through any applications made available for mobile or landline phone devices
(“Service Applications”);
(b) all software, external players, buttons and widgets, data, text, images, sounds, video, graphics and photos made available by PSK through any of the foregoing; and
(c) any updates, new versions, new releases, additional features and functionality that PSK may offer in connection with the foregoing ((a)-c) collectively, the “Content”).

B. Consideration. You understand and agree that this TOS is entered into in consideration of your payment of the Per Minute Fee (defined below) for your access to and use of the Service
pursuant to this TOS (the “Per Minute Fee”), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Any end user who accesses and uses
the public-facing portions of the Service will be referred to herein as a “Visitor,” and any end user who registers for a Subscription will be referred to herein as a “Subscriber”. The term
“Users” refers to Visitors and Subscribers collectively.

C. Changes to the Service. PSK may at its sole discretion and from time-to-time change, add or remove features and functionality of the Service without any notice to you. PSK reserves the
right to discontinue some or all of the features of the Service at any time at its sole discretion. You acknowledge and agree that PSK will not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service. If you are dissatisfied with any changes to the Service, then your sole option is to discontinue or terminate your use of the Service as described herein. Notwithstanding anything in this TOS to the contrary, if you have signed up for a Subscription and PSK cancels your Subscription without cause, then PSK will
offer you the pro-rated, unearned portion of any amounts that you have prepaid to PSK for such Subscription.

D. Changes to this TOS. The Service is owned and operated by PSK, and PSK reserves the right to revise this TOS in an immaterial manner its sole discretion at any time and without prior
notice to you other than by posting the revised TOS on the Service. Unless otherwise stated in the Service, revisions to this TOS are effective upon posting and your continued use of the
Service after a revised version of this TOS has been posted by PSK to the Service constitutes your binding acceptance of such revised TOS. This TOS will be identified as of the most recent
date of revision.

Notwithstanding the preceding sentences of this Section 2D, no revisions to this TOS will apply to any dispute between you and PSK that arose prior to the effective date of such revision.

3. THE WEBSITE AND SERVICE. A. Privacy Policy. Your use of the Website and Service is subject to the Privacy Policy, which is hereby incorporated by reference into this TOS. By using
the Website and/or Service, you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.

B. Phone Services. The Service includes certain services that are available via a mobile device, including:
(a) the ability to browse and use the Service from a mobile device or landline phone; and
(b) the ability to access certain features of the Service through Service Applications downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent that you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, and you acknowledge that you are solely responsible for all such fees and charges. In addition, your carrier may restrict downloading, installing, or using certain Mobile Services, and not all Mobile Services may work with all carriers or devices.

C. Service Security. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at PSK’s sole discretion. PSK reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service. You agree to promptly notify PSK if you learn or reasonably suspect that any security breach related to the Service has occurred.

4. REGISTRATION AND ELIGIBILITY. A. Account. You may access the public-facing portions of the Service as a Visitor. To access certain additional features and functionality of the
Service, you must register an account with PSK. All information provided to PSK during registration will be held and used in accordance with PSK’s Privacy Policy. You are responsible
for maintaining the confidentiality of your log- in credentials in order to use the Service and are fully responsible for all activities that occur through the use of your credentials. You agree to notify PSK immediately of any unauthorized use of your log-in credentials or any other breach of security with respect to your account. PSK will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying PSK of such unauthorized use
or loss of your credentials.

B. Accuracy of Information. You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms and to update the information
about yourself promptly, and as necessary, to keep it current and accurate.
C. Per Minute Fees. You may purchase credits to be used as payment to the phone operators of PSK. You will be required to register an account with PSK and you will gain full access to

Content made available through the Service as long as you maintain an active profile. Please refer to Section 5 below for additional information about Subscription plans, payment, and
cancellation.

D. Children. The Website, Service, and Phone Service is not intended for children and you agree that you are over the age of 18 years and that you will not use, display, show or otherwise use the Service in the presence of children. PSK does not seek to gather information from or about children under the age of 18 through the Service. The Service is not intended for children under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. You must be at least the age of majority in your jurisdiction to use the Service. By using the Service, you affirm that you are

(a) either above the age of majority in your jurisdiction; and (b) are fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in this TOS.

5. FEES. A. PER MINUTE FEES. THE TERMS BELOW APPLY TO PER MINUTE FEES MADE AVAILABLE THROUGH THE SERVICE (“PAYMENT TERMS”). IF YOU ARE A USER, THEN YOU AGREE TO PAY THE PER MINUTE FEE (DEFINED IN SECTION 5B3 BELOW).

B. PAYMENT TERMS. 1) BY USING THE SERVICE, OR BY REGISTERING FOR AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE PAYMENT TERMS, AS MAY BE AMENDED BY PSK FROM TIME TO TIME AT OUR DISCRETION.

1) WE ACCEPT VARIOUS FORMS OF PAYMENT, AS SET FORTH ON THE WEBSITE FROM TIME TO TIME. WE DO NOT ACCEPT CASH OR CHECKS. PAYMENTS ARE PROCESSED BY OUR THIRD-PARTY PAYMENT PROCESSOR(S).
2) ALL CALLS HAVE A 10-MINUTE MINIMUM. PER MINUTE CREDITS MUST BE PURCHASED IN 10 MINUTE INCREMENTS. YOU ARE RESPONSIBLE FOR KEEPING TRACK OF YOUR TIME. YOUR CREDIT CARD IS DIRECTLY BILLED $2.00 PER MINUTE BEYOND 10 MINUTES. MINUTES DO NOT ROLL OVER TO ANOTHER CALL UNLESS THERE ARE 10 MINUTES OR MORE OF CREDIT REMAINING.
3) UPON INITIAL PAYMENT YOU WILL RECEIVE 5 FREE MINUTES. THIS OFFER IS ONLY FOR NEW CUSTOMERS AND CANNOT BE USED MORE THAN ONCE.
4) PER MINUTE CREDITS REMAIN ACTIVE FOR FOURTEEN (14) DAYS AFTER PURCHASE. FAILURE TO USE PER MINUTE CREDITS BEFORE EXPIRATION DATE WILL RESULT IN THE CREDITS BEING FORFEITED.
5) CHARGES FOR MULTIPLE OPERATORS’ CALLS ARE CHARGED AT A HIGHER PER MINUTE FEE. PLEASE CHECK THE WEBSITE FOR THE CURRENT PER MINUTE PRICING.
6) WE RESERVE THE RIGHT TO CHANGE PSK’S PER MINUTE FEES OR PRICES AT ANY TIME IN OUR SOLE DISCRETION. IF PSK DOES CHANGE the SUBSCRIPTION FEE OR PRICES, THEN WE WILL PROVIDE NOTICE OF THE CHANGE IN AN EMAIL TO YOU AT LEAST THIRTY (30) DAYS BEFORE THE CHANGE IS TO TAKE EFFECT. YOUR CONTINUED USE OF THE SERVICES AFTER THE PRICE CHANGE BECOMES EFFECTIVE CONSTITUTES YOUR AGREEMENT TO PAY THE CHANGED AMOUNT.

6. ADVERTISEMENTS. A. Third Party Advertisements. PSK may display advertisements for the goods and services of third parties or other promotional materials on the Service. Your
dealings with, or participation in, promotions of any third-party advertisers on the Service, are solely between you and such third party, and your participation is subject to any terms and
conditions associated with that advertisement or promotion. PSK does not endorse or represent such third parties, and by using the Service, you agree that PSK is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or the presence of such third parties on the Service.

B. Third Party Sites. The Service may also include links to third party websites or third-party services that are not owned or operated by PSK (collectively, “Third-Party Sites”). PSK does not endorse or represent such third parties and PSK is not responsible for the availability of these Third-Party Sites, or any products, services and/or content contained therein. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any Third-Party Sites. Certain functionalities of the Service may also require that you agree to additional terms and conditions of Third-Party Sites. You agree that you are solely responsible for your acceptance of and compliance with such terms and conditions whenever you use or access such Third-Party Sites.

7. SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS. Software available in connection with the Service, the Content, and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re- exported in violation of U.S. export laws. You use the Service and related software at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content. PSK makes no representation that the Service is appropriate or available for use in any particular location.

8. CONTENT YOU SUBMIT; LICENSE GRANTS FROM YOU. A. User Content. This Section governs any material that you post, send or transmit (collectively, “Post”) through the
Service, including, by way of example and not limitation, graphics, images, text, musical works, sound recordings, digital phonorecord deliveries, and any other content, materials or works
subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws (collectively, “User Content”). You are solely responsible for securing the rights to any and all User Content you Post to or through the Service.

B. License Grants to PSK and other Users. (1) LICENSE GRANT. BY POSTING USER CONTENT TO OR THROUGH THE SERVICE, YOU HEREBY GRANT TO PSK (AND PSK’S ASSIGNEES, DESIGNEES, SUCCESSORS, LICENSEES, AND SUB-LICENSEES) AN UNRESTRICTED, PERPETUAL, ASSIGNABLE, SUBLICENSABLE, REVOCABLE, ROYALTY-FREE, FULLY PAID UP LICENSE THROUGHOUT THE WORLD TO REPRODUCE, MODIFY, DISTRIBUTE, DISPLAY, PUBLISH, TRANSMIT, COMMUNICATE TO THE PUBLIC, MAKE AVAILABLE, BROADCAST, CREATE DERIVATIVE WORKS FROM, PUBLICLY PERFORM (INCLUDING ON A THROUGH- TO-THE AUDIENCE BASIS), DELIVER AND PUBLICLY PERFORM DIGITAL PHONORECORDS, AND OTHERWISE USE AND EXPLOIT (COLLECTIVELY, “USE”) ALL USER CONTENT YOU POST TO OR THROUGH THE SERVICE, THROUGH ANY MEDIA AND FORMATS NOW KNOWN OR HEREAFTER DEVELOPED, IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, (A) IN CONNECTION WITH OR ON ANY THIRD PARTY SITES AND PLATFORMS WHERE THE SERVICE IS SYNDICATED; AND
(B) TO ADVERTISE, MARKET AND PROMOTE THE AVAILABILITY OF USER CONTENT AND THE SERVICE. BY WAY OF EXAMPLE ONLY AND WITHOUT LIMITING THE FOREGOING LICENSE, PSK WILL HAVE THE RIGHT TO INSERT, PLACE OR INCLUDE ALL TYPES OF ADVERTISEMENTS WITHIN OR AROUND USER CONTENT, INCLUDING, WITHOUT LIMITATION, RUNNING OR STREAMING PRE-ROLLS, MID-ROLLS, POST-ROLLS, DISPLAY ADS, OVERLAYS,
BANNERS, CAMPAIGN AND COMPANION ADS AND ANY OTHER TYPE OF ADVERTISING, WHETHER AUDIO, VISUAL, OR AUDIOVISUAL UNITS IN CONNECTION WITH USER CONTENT. NOTWITHSTANDING THE PRECEDING
SENTENCES OF THIS SECTION, IF YOU REMOVE ANY OF YOUR USER CONTENT USING FUNCTIONALITIES AVAILABLE THROUGH THE SERVICE, THEN YOU AGREE TO, AND HEREBY DO GRANT, PSK A PERPETUAL AND IRREVOCABLE
LICENSE TO USE ANY BACKUP COPIES OF YOUR USER CONTENT THAT PSK MADE PRIOR TO YOUR REMOVAL OF YOUR USER CONTENT AND IN THE ORDINARY COURSE OF BUSINESS.

(2) License for Name, Image, Voice, and Likeness. You further hereby grant PSK a royalty-free license to Use your name, image, voice, trademarks, logos, monikers, and likeness (and that of
any person identifiable in any User Content you posted to or through the Service) made available by or on your behalf through the Service in conjunction with your User Content. The foregoing
license in the immediately preceding sentence will survive the termination of your account with respect to any of your User Content Posted to the Service prior to such termination.

C. Limited Waiver of Rights. You waive any and all rights of privacy, rights of publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any of your User Content Posted to the Service, during the term of this TOS. You expressly release PSK and all of PSK’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, right to publicity, or personality or any similar matter, or based upon or relating to the Use of your User Content as authorized in this TOS.

D. Representations and Warranties With Respect to Your User Content. Except for materials provided to you by PSK through the Service, you represent, warrant, and covenant that (1) you
either are the sole and exclusive owner of all of your User Content, or you have all rights, licenses, consents, and releases that are necessary to grant to PSK the rights in your User Content as contemplated under this TOS; and (2) neither your User Content nor your creation of, accessing, posting, submission or transmission of your User Content will NOT infringe,
misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights; (y) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise); or (z) require PSK to obtain any licenses from or make any payments in any amounts to any third party throughout the world.

E. Proof of Rights Clearance. PSK may require you to provide sufficient evidence of having all necessary rights, licenses, authorizations, permissions, and clearances for any of your User
Content that you Post to the Service, and if you fail to provide such evidence within a reasonable period of time (as determined by PSK in its sole discretion), then PSK may remove some or all of your User Content from the Service and/or terminate your account, without any liability to you. You are solely responsible for keeping copies of such evidence.
F. Monitoring. PSK has the right, but not the obligation, to monitor the Service, and User Content, and may remove any User Content from the Service for any reason in its sole discretion
at any time, without notice and without any liability to you. You acknowledge that PSK may establish general practices and limits concerning use of the Service without notice to you,
including, without limitation, the maximum period of time that User Content will be retained by the Service and the maximum storage space that will be allotted on PSK’s servers on your
behalf. You acknowledge and agree that PSK may preserve any Content and may also disclose any Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, applicable laws or government requests; (2) enforce this TOS; (3) respond to claims that any content violates the
rights of third parties; or (4) protect the rights, property, or personal safety of PSK, its Users and the public. You understand that PSK does not guarantee any confidentiality with respect to User Content and will have no responsibility or liability for User Content that is deleted from the Service.

10. USE RESTRICTIONS. Your rights to use the Service and the PSK Content are expressly conditioned on the following:
A. You may access the Service for your personal entertainment purposes only solely as intended through the provided functionality of the Service and as permitted under this TOS.
B. You may not copy, distribute, re-sell, alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service or any PSK Content.
C. You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service or PSK Content without PSK’s prior written authorization,
including, by way of example and not limitation, by doing or engaging in any of the following without PSK’s prior express written consent:
1) altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
2) using any trademarks, service marks, design marks, logos, photographs or other content belonging to PSK or obtained from the Service.
D. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine PSK Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
E. You agree not to undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or PSK Content or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by this TOS, the authorized features of the Service or PSK Content, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by PSK.
F. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or the PSK Content, or any portion thereof, through any other application or website,
unless and solely to the extent PSK makes available the means for embedding any part of the Service or the PSK Content.
G. You agree not to access, tamper with, or use non-public areas of the Service, PSK’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of
PSK’s providers.
H. You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including PSK contractors.
J. You agree not to create a false identify or impersonate another person or entity in any way.
K. You agree not to create a new account with PSK, without PSK’s express written consent if PSK has previously disabled, suspended or terminated an account of yours for any reason
whatsoever.
L. You agree not to solicit, or attempt to solicit, personal information from Phone Operators or PSK management and staff.
M. You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without
the consent of such person, or collect information about Users or Phone Operators of the Service.
N. You agree not to use the Service, without PSK’s express written consent, for any commercial purpose, including reselling, distributing, or communicating or facilitating any commercial
advertisement or solicitation.
O. You agree not to gain unauthorized access to the Service, to other Users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
P. You agree not to Post, transmit or otherwise make available, including in any of your User Content, any virus, worm, spyware or any other computer code, file or program that may or is
intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or PSK Content or
communications equipment and computers connected to the Service.
Q. You agree not to Post any User Content that is or could be interpreted to be defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive,
obscene, pornographic, objectionable, or hateful, or that promotes discrimination, bigotry, racism, or hatred, as determined by PSK in its sole discretion.
R. You agree not to Post any Content that does or could be claimed to infringe any third party intellectual property or other rights, including the rights of privacy, publicity and confidentiality.
S. You agree not to interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of such networks or servers.
T. You agree not to violate any applicable federal, state or local laws or regulations (including, without limitation, any traffic laws and rules applicable when you use the Service in a vehicle) or this TOS through the use of the Service.
U. You agree not to assist or permit any persons in engaging in any of the activities described
above.
V. YOU AGREE AND UNDERSTAND THAT ANY AND ALL VIOLATIONS OF PARAGRAPH 10 CAN AND WILL BE MET WITH LITIGATION INSTITUTED BY PSK AGAINST YOU AND/OR THE ACCOUNT HOLDER OF THE INTERNET SERVICE
THROUGH WHICH SUCH ACTIVITY OCCURRED.
11. SECURITY. You understand that the operation of the Service, including User Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and
adapt to technical requirements of connecting networks or devices; and (c) transmission to PSK’s third party vendors and hosting partners to provide the necessary hardware, software,
networking, storage, and related technology required to operate and maintain the Service and Content. PSK will have no liability to you for any unauthorized access or use of your Subscription, or any corruption, deletion, destruction or loss of any of Content.
12. OWNERSHIP. The Service, Content, and the media and materials contained therein, including all intellectual property rights therein, is the sole and exclusive property of PSK and its
licensors. Except for the limited license expressly granted by and to you under this TOS, no other rights, licenses, or immunities are granted or will be deemed to be granted under this TOS, either expressly, or by implication, estoppel or otherwise.
13. FEEDBACK. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests,
feedback, comments, and suggestions we receive from Users. If you choose to contribute by sending PSK or our contractors any ideas for products, reviews of Phone Operators, services,
features, modifications, enhancements, content, refinements, technologies, content offerings
(such as audiovisual or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to PSK, you agree that:
A. PSK has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
B. Feedback is provided on a non-confidential basis, and PSK is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
C. You irrevocably grant PSK and its successors and assigns perpetual and unlimited permission to Use the Feedback and derivatives thereof for any purpose and without restriction, free of
charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody
Feedback, whether in whole or in part, and whether as provided or as modified. If you become aware of any security vulnerability in the Service or PSK Content, then please provide us
Feedback using the “Send Feedback” feature within the Service or at [email protected].
14. TERMINATION. This TOS is effective until terminated by you or PSK as described in this
Section.
A. Automatic Termination. Your rights under this TOS will terminate automatically without notice from PSK if you fail to comply with any term(s) of this TOS (including by violating any
license restriction provided herein or for failure to pay the Subscription Fee).
B. Termination by You. You may terminate your account, this TOS, and your right to use the Service, at any time and for any reason or no reason, by contacting PSK Customer Support at
[email protected]

C. Termination by PSK. Notwithstanding anything to the contrary in this TOS, PSK has the right to immediately disable, suspend, or terminate your account at any time for any reason or no
reason, with or without notice to you. Your access to the Service (if any) may be permanently deleted by PSK at any time and for any reason in PSK’s sole discretion, with or without notice to you. In addition, PSK may notify authorities or take any actions it deems appropriate, without notice to you, if PSK suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (a) failed to comply with any provision of this TOS or any policies or rules established by PSK through any of the foregoing; or (b) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, PSK, the Service, other Users or any other third parties.
D. Effects of Termination. After any termination of this TOS, you understand and acknowledge that (a) PSK will have no further obligation to provide the Service or Content to you; and
(b) all licenses and other rights granted to you in this TOS will immediately cease. PSK is not liable to you or any third party for termination of the Service or termination of your use of the Service. Upon any termination or suspension, you may no longer access any information that you have Posted to the Service or that is related to your account. Furthermore, PSK will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. You acknowledge and agree that PSK will not
be required to delete any of your User Content that may be stored on any servers or other back up media owned or controlled by or on behalf of PSK following the termination of your account.
(c) all credits or unused minutes will be terminated and all monies shall be retained by PSK as liquidated damages for any breach of this TOS. 15. INDEMNITY. You agree to indemnify and hold PSK, and its officers, directors, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service, or PSK Content;
(b) your User Content; or (c) your violation of this TOS. PSK will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from
you upon becoming aware of it, but if PSK is unable to communicate with you in a timely manner because of an inactive e-mail address for you, your indemnification obligation will
continue notwithstanding PSK’s inability to contact you in a timely manner. PSK reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests to assist PSK’s defense of such matter. You agree not to settle any matter without the prior express written consent of PSK.
16. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE

SERVICE, AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE
SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD
PARTY CONTENT AND/OR PSK CONTENT), ARE PROVIDED “AS IS” AND “AS
AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND
PSK HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND
LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE
SERVICE, AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE
SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD
PARTY CONTENT AND/OR PSK CONTENT), WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF
FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT,
TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PSK DOES NOT
WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE,
THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED
BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR NOT INTERFERE
WITH YOUR USE OR ENJOYMENT OF ANY OTHER APPLICATIONS ON THE DEVICE
ON WHICH THE SERVICE IS ACCESSED OR INSTALLED, OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY PSK OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A
WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS TOS. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON
APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION
AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE
FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER
APPLICABLE LAW.
17. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT WILL PSK OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL
INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR
USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT OR MATERIALS
AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY
USER CONTENT, THIRD PARTY CONTENT AND/OR PSK CONTENT), HOWEVER
CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR
OTHERWISE) AND EVEN IF PSK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY
FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL PSK’S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY

APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE LESSER
OF (A) THE AMOUNT YOU PAID TO PSK IN THE PRECEDING 12 MONTHS; OR (B)
ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY
EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN
TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND
LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING
WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER
APPLICABLE LAW.
18. THIRD PARTY DISPUTES. PSK IS NOT AFFILIATED WITH ANY PHONE OR
MOBILE CARRIER, OR OTHER THIRD PARTY SERVICE PROVIDER, AND ANY
DISPUTE YOU HAVE WITH ANY SUCH THIRD PARTY SERVICE PROVIDER OR ANY
OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF
THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU
IRREVOCABLY RELEASE PSK (AND OUR OFFICERS, DIRECTORS, AGENTS,
SUBSIDIARIES, JOINT VENTURES, EMPLOYEES, SUCCESSORS, AND ASSIGNS)
FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER
INTELLECTUAL PROPERTY INFRINGEMENTS.
A. Respect of Third-Party Rights. PSK respects the intellectual property of others and takes the
protection of intellectual property very seriously, and we ask our Users to do the same.
Infringing activity will not be tolerated on or through the Service.
B. Repeat Infringer Policy. PSK’s intellectual property policy is to (a) remove or disable access
to material that PSK believes in good faith, upon notice from an intellectual property owner or
his or her agent, is infringing the intellectual property of a third party by being made available
through the Service; and (b) remove any User Content you uploaded to the Service if you are a
“repeat infringer” and terminate your right to use the Service. You are a “repeat infringer” if you
are a User that has uploaded User Content or Feedback to or through the Service and for whom
PSK has received more than two takedown notices compliant with the provisions of 17 U.S.C. §
512 with respect to your User Content or Feedback. PSK has discretion, however, to terminate
the account of any User after receipt of a single notification of claimed infringement or upon
PSK’s own determination.
C. Procedure for Reporting Claimed Infringement. If you believe that any content made available
on or through the Service has been used or exploited in a manner that infringes an intellectual
property right you own or control, then please promptly send a “Notification of Claimed
Infringement” containing the following information to the Designated Agent identified below.

Your Notification of Claimed Infringement may be shared by PSK with the User alleged to have
infringed a right you own or control or the general public, and you hereby consent to PSK
making such disclosure. Your communication must include substantially the following:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of the
work(s) that has/have been allegedly infringed;
2) Identification of works or materials being infringed, or, if multiple works are covered by a
single notification, a representative list of such works;
3) Identification of the specific 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 permit PSK to locate the material;
4) Information reasonably sufficient to permit PSK to contact you, such as an address, telephone
number, and, if available, an electronic mail address at which you may be contacted;
5) A statement that you have a good faith belief that the use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
6) A statement that the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed. You should consult with your own lawyer and/or see (a) 17 U.S.C. § 512 to confirm
your obligations to provide a valid notice of claimed infringement; (b) “fair use” under 17 U.S.C.
§ 101 et seq.
D. Designated Agent Contact Information. PSK’s designated agent for receipt of Notifications of
Claimed Infringement (the “Designated Agent”) can be contacted at:
[email protected]
E. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act
provides that any person who knowingly materially misrepresents under [Section 512 of the
Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or
activity was removed or disabled by mistake or misidentification, will be liable for any damages,
including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or
copyright owner’s authorized licensee, or by a service provider, who is injured by such
misrepresentation, as the result of [PSK] relying upon such misrepresentation in removing or
disabling access to the material or activity claimed to be infringing, or in replacing the removed
material or ceasing to disable access to it. 17 U.S.C. § 512(f). PSK reserves the right to seek
damages from any party that submits a Notification of Claimed Infringement or Counter
Notification in violation of the law. THE FOLLOWING PROVISIONS OF THIS DISPUTE
RESOLUTION SECTION DO NOT APPLY TO ANY CLAIM IN WHICH EITHER PARTY

SEEKS RELIEF TO PROTECT SUCH PARTY’S COPYRIGHTS, TRADEMARKS, AND OR
PATENTS OR OTHER RIGHTS OF AN INTELLECTUAL PROPERTY NATURE.
20. Dispute Resolution. A. Mandatory Arbitration. Please read this carefully. It affects your
rights. YOU AND PSK AND EACH OF OUR RESPECTIVE CORPORATE PARENTS,
SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS,
PERMITTED ASSIGNS, AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE
ACCESSING THE SERVICE AGREE TO ARBITRATION, AS THE EXCLUSIVE FORM OF
DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES
AND CLAIMS ARISING OUT OF OR RELATING TO THIS TOS OR THE SERVICE.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead
of a judge or jury, allows for more limited discovery than in court, and is subject to very limited
review by courts. Arbitrators can award the same damages and relief that a court can award.
Please visit www.adr.org for more information about arbitration.
1) Commencing Arbitration. A party who intends to seek arbitration must first send to the other,
by certified mail, a written notice of intent to arbitrate (a “Notice”), or, if you do not provide a
mailing address to PSK, to you via any other method available to PSK, including via e-mail. The
Notice to PSK should be addressed to PSK. The Notice must (a) describe the nature and basis of
the claim or dispute; and (b) set forth the specific relief sought (the “Demand”). If you and PSK
do not reach an agreement to resolve the claim within 90 days after the Notice is received, then
you or PSK may commence an arbitration proceeding as set forth below or file a claim in small
claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL
ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER
RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules
and AAA forms are available online at www.adr.org. If you are required to pay a filing fee to
commence an arbitration against PSK, then PSK will promptly reimburse you for your confirmed
payment of the filing fee upon PSK’s receipt of Notice at the Arbitration Notice Address that you
have commenced arbitration along with a receipt evidencing payment of the filing fee, unless
your Demand is equal to or greater than $100.00 or was filed in bad faith, in which case you are
solely responsible for the payment of the filing fee.
2) Arbitration Proceeding. The arbitration will be conducted in the English language. A single
independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein.
You and PSK agree to comply with the following rules, which are intended to streamline the
dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration will
be conducted by telephone, online and/or be solely based on written submissions, the specific
manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any
personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by
the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction.

3) No Class Actions. YOU AND PSK AGREE THAT YOU AND PSK MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THIS ONLY THIS SECTION A3 OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

4) Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 180 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of Arizona in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this TOS.

B. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to
any claim in which either party seeks equitable relief to protect such party’s copyrights,
trademarks, or patents. You acknowledge that, in the event of a breach of the TOS by PSK or
any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive
or other equitable relief against PSK, and your only remedy will be for monetary damages,
subject to the limitations of liability set forth in the TOS.

C. Claims. You and PSK agree that, notwithstanding any other rights the party may have under
law or equity, any cause of action arising out of or related to this TOS or the Service, excluding a
claim for indemnification, must commence within one year after the cause of action accrues.
Otherwise, such cause of action is permanently barred.

D. Improperly Filed Claims. All claims you bring against PSK must be resolved in accordance
with this Dispute Resolution section. All claims filed or brought contrary to this Dispute
Resolution section will be considered improperly filed. Should you file a claim contrary to this
Dispute Resolution section, PSK may recover attorneys’ fees and costs up to $100,000, provided
that PSK has notified you in writing of the improperly filed claim, and you have failed to
promptly withdraw the claim.

E. Modifications. In the event that PSK makes any future change to the Mandatory Arbitration
provision (other than a change to PSK’s Arbitration Notice Address), you may reject any such

change by sending us written notice within thirty (30) days of the change to PSK’s Arbitration
Notice Address, in which case your account with PSK and your license to use the Service will
terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to
the amendments you reject, will survive the termination of the TOS.
F. Enforceability. If the entirety of this Section 20 is found to be unenforceable, then the entirety
of this Section 20 will be null and void and, in such case, the parties agree that the exclusive
jurisdiction and venue described in Section 21 will govern any action arising out of or related to
this TOS.

21. Arbitration Waiver. Both parties hereby agree to waive all provisions for mediation and
arbitration in regard to the issues of claims for the infringement of intellectual property. Any
such claims or counter- claims shall be resolved by a court of competent jurisdiction in Los
Angele County, California as outlined below. THIS PARAGRAPH SHALL SUPERSEDE AND
REPLACE THE ARBTRATION PROVISION NOTED IN THIS AGREEMENT AS IT
APPLIES TO CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT AND UNFAIR
BUSINESS PRACTICES.

22. Governing Law. The laws of the State of New Jersey, excluding its conflicts of law rules,
govern your use of the Service. Your use of the Service may also be subject to other local, state,
national, or international laws. To the extent that any action relating to any dispute hereunder is
permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction
of the state and federal courts located in Camden County, New Jersey, and you hereby
irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient
forum. Any lawsuit filed in federal court shall be brought in the United States District Court for
the Central District of California. PLEASE NOTE THAT BY AGREEING TO THIS
AGREEMENT, YOU ARE WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE
AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR
OWN.

23. Recovery of Expenses. In any proceedings between the parties arising out of or relating to claims of intellectual property infringement, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of section,
“prevailing party” means, for any proceedings, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are
dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.

24. Jury Trial Waiver. Each party hereby waives its right to a trial by jury in any claims arising out of or relating to the subject matter of this agreement. Either party may enforce this waiver up to and including the first day of trial.

25. Assignment. You may not assign this TOS or any of the rights or licenses granted hereunder, directly or indirectly, without the prior written consent of PSK. This means that in the event you dispose of any device on which you have installed the Service, such as by sale or gift, you are responsible for deleting the Service from your mobile device prior to such disposition. PSK may assign this TOS, including all its rights hereunder, without restriction. Any assignment in violation of this Section is void.

26. Consent to Electronic Communications. By electronically signing this agreement, you affirmatively consent to receiving communications from us including but not limited to the
service of all legal documents and court documents, through the email address provided to PSK. You agree that any notices, agreements, disclosures, or other communications that we send to
you electronically will satisfy any legal communication requirements, including that such communications be in writing, including the need to serve you personally with any summons and
complaint for a lawsuit that may be filed in regard to your breach of Paragraph 10. BY SIGNING THIS AGREEMENT, YOU ARE HEREBY WAIVING ANY LEGAL RIGHT THAT YOU
MAY HAVE TO CLAIM THAT PERSONAL SERVICE WAS INEFFECTIVE.

27. Miscellaneous. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this TOS. This TOS, together with the Privacy Policy and any other
agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and PSK regarding your use of and access to the
Service, and, except as expressly permitted above, may be amended only by a written agreement signed by you and an authorized representative of = PSK. The failure to require performance of
any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this TOS or any provision of this TOS constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this TOS is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of this TOS is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PSK as a result of this TOS or use of the Service.

You acknowledge and agree that PSK and PSK's subsidiaries, and that PSK will have the right to enforce this TOS against you as a third-party beneficiary thereof. The English language version
of this TOS is the version that governs your use of the Service and in the event of any conflict between the English language version and a translated version, the English language version will control. You expressly agree that this TOS and all ancillary documents be drafted solely in English.

28. Contacting PSK. If you have any comments, complaints, suggestions about this TOS or the

Service or otherwise would like to contact us, then you can contact PSK by email at [email protected]

Your access to this Website and access to and use of the Service is governed by and conditioned on your express consent to this TOS. You have thoroughly reviewed this TOS to your
satisfaction. By clicking on the “JOIN” button, you agree to be bound by this TOS, just as if you had signed it in pen and ink.