MyMiniPeeps

Updated: 21 December 2009

Welcome to the web site operated by Masher Media, Inc. (the "Company"), accessible at www.MyMiniPeeps.com. "Site" means web sites of the Company and its affiliates, including any web sites on which these terms and conditions of use are posted. The "Site" may include access to virtual environments, games and other content, as well as downloadable software. All users of the Site are subject to the following terms and conditions of use (these "Terms of Use" or "TOU").

Please read these TOU carefully before accessing or using any part of this Site. By accessing or using this Site, you agree that you have read, understand and agree to be bound by these TOU, as amended from time to time, as well as the Site's Privacy Policy, which is hereby incorporated into these TOU. If you do not wish to agree to these TOU, you are not authorized to access or to use any part of this Site.

1.DESCRIPTION OF THE SERVICE

The MyMiniPeeps.com site provides an online virtual world and community for kids ages 6-13. Registered users will be a fully integrated part of the online community. They will take on roles and jobs that allow them to "run," and even create, the world with their friends. Registered users will run the ice-cream shop, the bank, the factories, the newspaper and the government of the online community, and they'll do it in a multi-player environment with their friends. They will earn currency, customize their avatars and their homes, and even build their own neighborhoods to include the features they want by pooling their currency with their friends'. They will return to continue to build their skills and reputation. The MyMiniPeeps environment provides registered users with the opportunity to enjoy true social networking features currently not available to this demographic. Through integrated play they will not only learn about society - jobs, careers, economy, environment and social issues, but actually participate in it. They will be empowered to know that they can make a difference not only in this fantastical simulation of the real world, but in their real life communities as well. The MyMiniPeeps.com site also provides parents and guardians of registered users with the ability to monitor the activities of their children and control aspects of the services their children are permitted to use. The Site also gives parents and guardians the ability to interact with each other and read articles and obtain access to other parenting resources.

2.MODIFICATION AND NOTIFICATION OF CHANGES

Company reserves the right to make changes to the Site, related policies and agreements, this TOU and the Privacy Policy, at any time. If we make a material modification to this TOU or the Privacy Policy, we will (i) notify you by sending an e-mail to the address associated with your account. We are not responsible for your failure to receive an email due to the actions of your ISP or any e-mail filtering service; therefore, you should add myminipeeps.com to the list of domains approved to send you e-mail (commonly known as your "whitelist"). We will (ii) also display a prominent announcement above the text of this TOU or the Privacy Policy, as appropriate, for thirty (30) days, with (i) and (ii) being deemed sufficient notification, of such changes. After notice of a modification to the TOU or the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the respective Historical Modifications section at the end of the TOU and Privacy Policy. If you have not visited the Site for more than 30 days, you should check these two sections for any modifications to the TOU or Privacy Policy prior to any further use of the Site. If you choose to continue using the Web Site and the Services, you agree that by doing so you will be deemed to accept the new TOU or Privacy Policy, as relevant.

3.USE OF THE SITE

You agree to use the Site only for lawful purposes:

(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail or other electronic communication not intended for you or a child for whom you are the parent or guardian; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Site any advertisements or solicitations of business; (6) restrict or inhibit use by others (except for a child for whom you are the parent or guardian) of the Site or any services provided by the Site; (7) upload or otherwise transmit files that contain a virus, Trojan horse, any other kind of malware or links to malware distributing websites or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Site); (10) post "spam," transmit chain letters or engage in other similar activities; (11) solicit passwords, personal information from anyone under 18 or any personally identifying information to be used for commercial or unlawful purposes; (12) "stalk," abuse or harass another user, or attempt to do any of the foregoing; or (13) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by the Company, may harm the Company or users of the Site or expose them to liability. Without limiting any of the foregoing, you also agree to abide by any code of conduct applicable to the Site or any service available on the Site.

(b) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Site (including password-protected areas), and all articles and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. Also, you should be skeptical about information provided by others, and you acknowledge that the use of such information is at your own risk. For example, the Company is not responsible for, and does not endorse, the opinions, advice or recommendations posted or sent by users in any area of the Site and the Company specifically disclaims any and all liability in connection therewith. You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Site. The Company does not claim ownership of any materials you make available through the Site. At the Company's sole discretion, such materials may be included in the Site in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant the Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials.

(c) The Company reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Site that the Company, in its sole discretion, deems inconsistent with the foregoing commitments (including any material that the Company has reason to believe constitutes, or for which the Company has received notice of its constituting, a copyright infringement); and (2) terminate any user's access to all or part of the Site. However, the Company can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of users of this Site and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

(d) Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only.

Your failure to comply with the provisions of (a) , (b) or (d) above may result in the termination of your access to the Site and may expose you to civil and/or criminal liability.

4. ACCOUNTS

Some services of the Site may permit or require you to create an account. You agree to provide true, accurate, current and complete information during the registration process for any account, and to keep the information current through updates. You may not impersonate any person or entity or misrepresent your identity, including by using another person's account information. The Company may suspend or terminate your account for any failure to comply with these TOU, any terms related to any service offered through the Site or for any reason whatsoever, or for no reason. Notwithstanding the foregoing, you acknowledge that the Company does not guarantee the accuracy of any information submitted by any user, including account information about the user. You are fully responsible for all activities conducted through your account. You are responsible for maintaining the confidentiality of your password and for any use of your password to gain access to your account and your account information. If you disclose your password to any other person, it is at your own risk. You do not own the account you use to access the Site, and you do not own any data the Company stores on its servers.

5. PAID SERVICES; PAYMENT

The Site may contain certain content or services that are provided for a transaction fee or other charge (each a "Paid Service"). These fees and charges are described on the web pages applicable to the Paid Service. In the event that you choose to use a Paid Service, you agree to the pricing, payment and billing terms applicable to the fees or charges for the Paid Service at the time of payment. The Company may add new Paid Services or modify fees and charges for existing Paid Services at any time in its sole discretion, with notice provided as described in Section 2 (MODIFICATION AND NOTIFICATION OF CHANGES) .

6. REFUND POLICY

MyMiniPeeps subscriptions are non-refundable unless there are technical issues that prevent initial access to the game and that cannot be resolved by customer service. All purchases for in-game items are non-refundable. Refunds will not be given to players who have been banned from the game for any reason, including violating the terms and conditions of use.

7. PRIVACY; PROTECTION OF PERSONAL INFORMATION

The Company's use of your personal information and your responsibilities in connection with protecting your privacy are described in the Company's Privacy Policy, which is incorporated by reference into these TOU.

8. COPYRIGHT RESTRICTIONS/USE OF CONTENT

The entire contents of this Site (including all information, text, displays, images and audio and any software made available through or in connection with the Site) and the design, selection and arrangement thereof, are proprietary to the Company or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Site for personal use or legitimate business purposes related to your role as a current or prospective user of the Site. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Site are transferred to you, but remain with the Company or the applicable owner of such content. Except as expressly authorized by the Company in writing, you may not reproduce, sublicense, distribute, sell or exploit for any commercial purposes (a) any part of this Site, (b) access to this Site or (c) use of this Site or of any services or materials available through this Site.

9. SOFTWARE AND DOWNLOADS

If the Company offers downloads of, or access to, software on this Site and you download or otherwise access such software, the software (including any data or images incorporated in or generated by the software) is licensed to you. You do not receive title to this software and you may not distribute or use the software other than for the purpose of using the applicable feature or service of the Site as offered by the Company. You may not modify, adapt, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of such software. Except as expressly provided, you may not create any derivative works of the software or any services available on the Site. This license is revocable at any time without notice and with or without cause. You agree to destroy or return to the Company all copies of the software upon revocation of your license to the software and/or termination of your account. The software is subject to all restrictions on use, disclaimers of warranties and other provisions in these TOU. In the event that the software is also subject to a separate end user license agreement, the terms of such end user license agreement shall control any conflict between those terms and these TOU.

10. ACCESS AND INTERFERENCE

You agree that you will not (a) use any robot, spider or other automatic device, process or means to access the Site, (b) use any manual process to monitor or copy any of the material on this site or for any other unauthorized purpose without the prior written consent of the Company, (c) use any device, software or routine that interferes with the proper working of the Site, (d) attempt to interfere with the proper working of the Site, (e) take any action that imposes an unreasonable or disproportionately large load on the Company's infrastructure, or (f) access, reload or "refresh" transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.

11. TRADEMARKS

The Company name and logos, and all related names, logos, product and service names, designs and slogans contained in the Site or any software provided or accessed in connection therewith are trademarks of the Company, its affiliates, licensors and/or contractors unless otherwise clearly specified in writing. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks of their respective owners.

12. LIABILITY OF THE COMPANY AND ITS LICENSORS

The Company does not assume any liability for the materials, information and opinions provided on, or available through, the Site (the "Site Content"). Reliance on the Site Content is solely at your own risk. The Company disclaims any liability for injury or damages resulting from the use of any Site Content. THE SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER THE COMPANY, ITS LICENSORS OR CONTRACTORS, NOR ANY PERSON ASSOCIATED WITH THE COMPANY, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, THE CONTENT, PRODUCTS OR SERVICES. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS LICENSORS, ITS CONTRACTORS NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANTS OR REPRESENTS THAT THE SITE, THE SITE CONTENT OR THE PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY AND ITS LICENSORS AND CONTRACTORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE SITE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. You acknowledge and agree that neither the Company nor its licensors or contractors operate or control the Internet and that: (i) viruses, worms, Trojan horses or other undesirable data or software; or (ii) unauthorized users (e.g., hackers) may attempt to obtain access to your data, web site, computer or network. The Company uses what it believes to be reasonable efforts to protect itself and its Site users from such unauthorized use, but the Company and its licensors and contractors are not responsible for failures resulting from the acts or omissions of third parties not controlled by or under contract with the Company.

13. INTERACTION WITH OTHER USERS

As a condition of access to the Site, you release the Company (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors and contractors) from claims, demand and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute you may have with any other user of the Site. The Company will have the right but not the obligation to resolve disputes between users relating to use of the Site, and to the extent that it elects to resolve such disputes, the Company will do so in good faith based on the general rules and standards of the Company and the Site. You release the Company (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors and contractors) from claims, demand and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Company's resolution of such disputes.

14. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, contractors and others involved in the Site or the delivery of products, services or information over the Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney's fees, arising from any violation by you of these TOU or your use of the Site or any products, services or information obtained from the Site.

15. COMMENTS AND SUBMISSIONS

The Company welcomes your comments. All comments, suggestions or other information sent by you to the Company or business partners in response to solicitations on this Site will become the Company's property and you agree that all intellectual property rights therein are transferred to the Company. If the Company solicits submissions through features or activities on or through the Site that require use of the Company's copyrighted works, the Company grants to you a non-exclusive license to create a derivative work of such works to the extent required to make your submission and only for the purpose of making your submission. For avoidance of doubt, the Company shall own any developments by the Company or on its behalf arising out of your comments, suggestions or other submissions. To the extent the Company does not own such materials, you grant and agree to grant the Company a non-exclusive, royalty-free license to utilize, create derivative works of, distribute and sublicense such materials for any purpose in connection with the Company's web sites, products and services. You have no expectation of any review, compensation or consideration of any type for all submissions hereunder.

You understand that any postings, or content submitted for posting, to publicly available portions of the Site, including chat areas, message boards and the like ("Public Areas") are non confidential for all purposes. You have no expectation of privacy related to Public Areas.

16. LINKS TO OTHER SITES; DEALINGS WITH OTHER MERCHANTS

The Site may contain links to other web sites on the Internet. The Company is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, sites framed within the Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.

The Company is not responsible for any products or services a user may elect to purchase, download or use from any third party distributor, merchant, advertiser, or other information or service provider ("Merchant"). All transactions regarding goods or services offered by Merchants, including, but not limited to, the purchase and payment terms for such goods or services, warranties, guarantees, maintenance and delivery, are solely between the user and the Merchant and are governed by the terms of the agreement between you and the Merchant. The Company is not a party to any transactions between you and a Merchant, and is not liable for any direct or indirect costs or damages arising out of any dispute between you and a Merchant. NEITHER THE COMPANY, ITS LICENSORS OR CONTRACTORS, NOR ANY THIRD PARTY PROVIDER, OTHER THAN THE MERCHANT OFFERING SUCH GOODS OR SERVICES, MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE GOODS OR SERVICES OFFERED BY SUCH MERCHANT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPATIBILITY.

17. PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT.

The Company respects the intellectual property of others, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company's Copyright Agent the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Site;

(iv) your address, telephone number, and email address;

(v) 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;

(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

The Company's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By fax: (800)573-3880

By email: info@mashermedia.com

The Company may update the contact information in this section from time to time in its sole discretion. Changes to the contact information in this section will not be subject to the notification procedures specified in Section 2.

18. ELECTRONIC COMMUNICATION.

When you use the Site or send e-mails to the Company, you are communicating with the Company electronically. You consent to receive communications from the Company electronically. The Company will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19. MISCELLANEOUS

The owner of this Site is based in the State of California, USA. The Company makes no representation that materials in this Site are appropriate or available for use in other locations. If you access this Site from other locations, you are responsible for complying with local laws. These TOU shall be governed in all respects by and construed in accordance with the laws of the State of California, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these TOU or your use of the Company Web Site shall be in the state or federal courts located in or near Los Angeles, California. You agree to submit to the jurisdiction of such courts, and you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located in or near Los Angeles, California. You agree to abide by U.S. and other applicable laws, including export control laws, and not to transfer, by electronic transmission or otherwise, any software or other content downloaded from the Site to a destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. By downloading any software from the Site, you warrant that you are not located in any country, or exporting such software to any person or place, to which the United States has embargoed goods. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. These TOU, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. You agree and acknowledge that your violation of any restrictions in these TOU on the use of the Site, Site Content, or software or services available on or through the Site, or your use or disclosure of Confidential Information in a manner inconsistent with the provisions of these TOU, may cause the Company irreparable damage for which remedies at law may be inadequate. You agree that, in the event of your unauthorized use of the Site, Site Content, software and services, or your unauthorized disclosure of Confidential Information, the Company will be entitled to injunctive relief, in addition to such other legal and equitable remedies that may be available. The Company's licensors and contractors are express third party beneficiaries of any terms in these TOU that are applicable to their products or services, including disclaimers of warranty and limitations of liability, and shall have the right to enforce directly against you all of your applicable representations, warranties, covenants, indemnifications and obligations under these TOU. If any part of these TOU is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these TOU shall remain in full force and effect. The Company's failure to insist upon or enforce strict performance of any provision of these TOU shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these TOU. Notwithstanding any other provisions of this TOU, or any general legal principles to the contrary, any provision of this TOU that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOU.

Historical Modifications:

Date	Description of Modification
12/21/2009	Initial Terms of Use posted.