PLEASE READ THIS FANBOX TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES ON THE FANBOX WEBSITE AVAILABLE AT FANBOX.COM (THE “WEBSITE”), INFORMATION, OR SERVICES PROVIDED ON, THROUGH OR BY SMS.AC, INC., WHETHER ON SMS.AC, FANBOX.COM, MOBILEGUARD.ORG, OR ASSOCIATED MOBILE APPLICATIONS, OR ACCESSING ELECTRONIC COMMUNICATIONS INCLUDING BUT NOT LIMITED TO EMAILS, OR WEB SITES ON THE WORLD WIDE WEB, (“FANBOX NETWORK”), YOU AGREE TO ABIDE BY THESE TERMS.

IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER, ACCESS, VIEW, DOWNLOAD, OR OTHERWISE USE ANY WEB PAGE, ELECTRONIC COMMUNICATION, MOBILE APPLICATION, INFORMATION OR SERVICE OF THE FANBOX NETWORK. THESE TERMS AND CONDITIONS APPLY REGARDLESS OF HOW YOU ACCESS THE FANBOX NETWORK AND WHETHER OR NOT YOU ARE ACCESSING THE FANBOX NETWORK ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY WHERE SUCH ENTITY MAY HAVE A SEPARATE AGREEMENT WITH FANBOX.

This FanBox Terms of Service Agreement (the “Agreement”) governs the provision of the Services (as defined below) by SMS.ac, Inc. d/b/a FanBox (“FanBox”) to you. This Agreement includes, and incorporates by this reference, the FanBox Privacy Policy and all other guidelines posted on the FanBox Network (collectively referred to as "Terms of Service"). FanBox reserves the right to change or revise this Agreement at any time by posting changes or a revised Agreement on the Website. FanBox will alert you that changes or revisions have been made by a notification on the Website or by contacting you using information you provide. Such changes or revised Agreement will be effective immediately after they are posted on the Website. Your use of the Services following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. FanBox encourages you to review this Agreement each time you access the FanBox Network to make sure that you understand the terms of the Services provided to you. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with FanBox for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Services.

Users who violate the terms of this Agreement will have their FanBox account ("Account" or "FanBox Account") terminated and may permanently be banned from using or accessing FanBox or any other services provided by or through the FanBox Network.

I. DESCRIPTION OF SERVICES

FanBox’s mission is to connect people locally and world wide and enable them to be more connected with current contacts and to meet new friends. The community also allows avatars and alter-ego personalities into the community, some of which may be acting on FanBox’s behalf. FanBox is an informational and entertainment service. Each user may have a profile (which may be accessible on the web and/or using mobile devices) ("Profile") and provides users with access to a collection of services and resources, which may include various communication tools, content, information, applications, tools, blogs, and programming offered from time to time through the FanBox Network. The services described in this section and in this Agreement, all web pages, information and/or services collectively or independently viewed, accessed, downloaded, or otherwise used on or available through the FanBox Network are referred to herein as the "Services". FanBox reserves the right, without liability to you or any third party, to modify or discontinue, temporarily or permanently, in whole or in part, the Services without notice pursuant to Article XXII regarding termination.

Information collected about you, including your Profile, Registration Data, your usage trends, Earnings on the FanBox network, connections, activity, social influence, and other general and personal information may be publicly available. If you do not consent to the public availability of such information, your sole remedy is termination under Article XXII.

FanBox reserves the right to track information and trends on users and their online actions actions, including but not limited to the purchase and performance of advertisements, and to share such information and trends with other users, third parties having a business relationship with FanBox, or generally to make such information publicly available.

II. YOUR OBLIGATIONS

A. Applicable Laws and Terms of Service

You agree to comply with all applicable laws and this Agreement as may be amended from time to time with or without notice to you. You may review the most current version of this Agreement at: Terms of Service.

B. Service Eligibility

To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having an account on the FanBox Network; (3) are not a competitor of FanBox or are not using the Services for reasons that are in competition with FanBox; (4) will only maintain one FanBox account at any given time; (5) have full power and authority to enter into this Agreement and that doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of FanBox, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and Internet access you may need to use the Services.

C. Login ID and Password

You agree to: (a) provide, maintain, and update true, accurate, current, and complete information prompted by the Services’ registration and account forms (such information collectively is the "Registration Data"); (b) not permit others to use your FanBox Account; and (c) refrain from using an account held by another FanBox user. Further, you are solely responsible for any activity occurring through the use of your Account unless and until you affirmatively delete your Account or prove that your Account security was compromised due to no fault of your own. You agree (a) to immediately notify FanBox of any unauthorized use of your password or Account or any other breach of security, and (b) to ensure that you exit from your Account at the end of each session. FanBox cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

If you provide any Registration Data that is untrue, inaccurate, not current, or incomplete, or FanBox has reasonable grounds to suspect that your Registration Data is untrue, inaccurate, not current, or incomplete, FanBox has the right to suspend or terminate your Account and refuse you any and all current or future use of the Services, withhold payment or terminate the payment obligation, or any portion thereof without notice to you.

D. License and Warranty for Your Submissions to the FanBox Network

You own any information or content you provide, directly or indirectly to or on the FanBox Network, including but not limited to any user generated content, ideas, concepts, techniques, or data you submit to or through the FanBox Network (collectively "User Generated Content"). You may request the deletion of your User Generated Content at any time, unless you have shared such User Generated Content with others, either directly or by publishing information or content in public forums including but not limited to on your Profile, and they have not deleted it, or such User Generated Content was copied or stored by others on the FanBox Network or elsewhere. You grant FanBox a nonexclusive, irrevocable, world-wide, perpetual, unlimited, assignable, sublicenseable, fully paid up, and royalty-free license to copy, create derivative works of, improve, distribute, publish, display, remove, reproduce, retain, transmit, add, process, analyze, use, and/or commercialize, in any way now known or in the future discovered, any User Generated Content, without any further consent, notice and/or compensation to you or to any third parties. You further agree that the aforementioned license extends to any website, system, or network operated by a third party ("Third Party Network") you may access using or in connection with the Services.

Any information you submit to or through the FanBox Network is at your own risk of loss.

You represent and warrant that you are entitled to submit that User Generated Content and that it is accurate and not confidential, and that such submission is not in violation of any contractual restrictions or other third party rights.

E. Payment

In order to engage in any transaction on or through the FanBox Network, You may be asked to provide certain financial information including credit card information, mobile phone number, payment address, EIN, or social security number (such information collectively is the "Financial Data"). You agree to provide, maintain, and update true, accurate, current, and complete Financial Data.

If you provide any Financial Data that is untrue, inaccurate, not current, or incomplete, or FanBox has reasonable grounds to suspect that your Financial Data is untrue, inaccurate, not current, or incomplete, FanBox has the right to suspend or terminate your Account and refuse you any and all current or future use of the Services, withhold payment or terminate the payment obligation, or any portion thereof without notice to you.

If you purchase any services on or through the FanBox Network offered by FanBox or third parties for a fee, either on a one-time or subscription basis (collectively, the "Premium Services"), you agree that FanBox may store any information you provide including but not limited to Registration Data and Financial Data. You also agree to pay the applicable fees for Premium Services including, without limitation, subscription fees for premium accounts as such fees become due plus all related taxes, and to reimburse FanBox for all collection costs and interest for any overdue amounts. For those Premium Services provided on a subscription basis, your obligation to pay fees continues through the date you cancel your subscription to such Premium Services and until you have paid all fees and charges owing as of that date. All fees and charges are nonrefundable and there are no refunds or credits for partially-used periods. You may cancel your Premium Services by contacting FanBox at support@corp.fanbox.com. You further acknowledge that the Premium Services are subject to this Agreement and any additional terms provided in connection with the provision of the Premium Services.

If you purchase Premium Services by providing your mobile phone number account and authorizing FanBox to charge that mobile phone account, then all purchased Premium Services, whether or not they are delivered to or accessible by you, may result in a premium message charge on your mobile phone account. Your mobile service provider may charge you additional fees in connection with delivering the Premium Services. Please check your agreement with your mobile service provider to determine whether such fees apply. If you do not wish to receive messages on your mobile phone from FanBox, its users, and/or its third party applications on the FanBox Network, reply "stop" to any such received message, and that specific type of text message or service will stop unless and until you authorize FanBox or its users or third parties to resume delivering that service. To stop premium billing messages from all FanBox products, its users and third party applications on the FanBox Network reply "stop all" to any such received message. You may also cancel some or all of your Premium Services by contacting FanBox at support@corp.fanbox.com.

FanBox includes opt-out instructions in all text messages sent in connection with Premium Services. Please note that the "stop all" text reply will cancel your Premium Services; however, unless otherwise required by your mobile service provider or applicable regulatory body, your FanBox Account will remain active. Unless otherwise stated, all fees relating to the Premium Services are stated in United States dollars.

You acknowledge and agree that FanBox may modify the Services at any time and that FanBox specifically reserves the right from time to time to alter the selection, functionality, and pricing of the Premium Services, free Services, and any other offerings, or to eliminate any Services (including the Premium Services) in whole or in part, with or without notification to you. Please check back often to understand the latest and current offerings, and simply reply "stop all" to any premium text message received by you from FanBox to cease all billing subscriptions for that Premium Service.

You acknowledge that FanBox shall not be responsible or liable in any way for any content, service, or offering that you may purchase via the Services including the accuracy, usefulness, or availability of such. FanBox reserves the right to restrict or deny access to content, services, or offerings at any time which you may have purchased. If such restriction or denial of access occurs, you may be entitled to a refund for your payment during that particular month, or portion thereof, in the sole discretion of FanBox.

III. Notifications to FanBox

If you believe that you are entitled or obligated to act contrary to this Agreement under any law, court order, or other legal process, you agree to provide FanBox with a detailed and substantiated explanation of your reasons in writing as set forth below at least 30 days before you intend to act contrary to this Agreement, or as soon as possible after you learn of such entitlement or obligation, in order to allow FanBox to assess whether it may, in FanBox’s sole discretion, provide an alternative remedy or seek judicial relief from the entitlement or obligation, though FanBox is not required to do so. All notifications shall be addressed as follows: FanBox, Attention Legal Department, 113 West G Street, Suite 510, San Diego, CA 92101.

IV. Notifications and Communications to You

FanBox may deliver all service messages, notices, promotions, user interactions with current contacts and new contact introductions, third-party services and information about the Services to you by email to an email address associated with your Account, even if FanBox has other contact information for you. You also agree that FanBox may communicate with you through your Account on the FanBox Network or using any contact information you have provided including an email address, mobile phone number, telephone, or via a delivery service including the U.S. Postal Service or commercial carrier. You acknowledge and agree that FanBox shall have no liability associated with or arising from your failure to maintain accurate Registration Data and Financial Data, including, but not limited to, relating to your inability to receive information or payments from FanBox about the Services.

V. Mobile and Third Party Applications & Services

FanBox may offer the Services through mobile and web applications, blogs, information, and services created by FanBox or third-party developers and bloggers ("Platform Developers").

If you access or use the Services through a mobile device, you agree that information about your access or use of the Services through your mobile device and service provider may be communicated to FanBox, including but not limited to the identity of your mobile provider and your particular mobile device, your mobile phone number, your data usage and associated actions, and/or your physical location. In addition, your use of the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Services using a mobile device, you represent that to the extent you import any of your data to your mobile device that you have authority to share the transferred data with your mobile provider or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Registration Data to ensure that you continue to receive messages from FanBox. You acknowledge you are responsible for all charges and necessary permissions related to accessing the FanBox Network, including Services offered by Platform Developers, through your mobile provider. Therefore, you should check with your mobile provider to determine whether the Services are available and to determine the terms under which the Services for your specific mobile device and mobile account plan are available.

Please note, that by using, accessing, or downloading any application, information, or services from any Platform Developer, you accept any terms and conditions provided in connection with that application, information, or services as such terms and conditions may be updated from time to time.

VI. User Communications and Information Posting/Sharing

FanBox offers access to various user communication applications and tools provided by FanBox or Platform Developers or Third Party Providers such as blogs, comments, wall postings, emails, digital gifts, forums, and other Services where you can post your observations, comments, and photos and access similar content posted by other users. Ideas you post and information you share may be seen and used by other users, and FanBox can neither guarantee nor control if or how other users will use the ideas and information that you share on the FanBox Network. Therefore, if you have an idea or information that you would like to keep confidential or do not want others to use, or that is subject to third party rights that may be infringed by your sharing of it, do not post such information on or through the FanBox Network. FANBOX IS NOT RESPONSIBLE FOR THE MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, SHARE, LINK TO, DOWNLOAD, OR ACCESS ON THE FANBOX NETWORK.

Some profile information will be publicly available for viewing and should be regarded for entertainment purposes only. One benefit of the Service is to enable users to meet and interact with other users. To promote community, FanBox facilitates user interaction and communication by using FanBox’s proprietary community technology ("community algorithm"). The purpose of the community algorithm is to ease the progression for newer community users to become active community participants and to continuously engage all users to use the Services. FanBox also employs community representatives who, among other tasks, remove pornography and hate-communications, assist users by answering questions, and help groups, clubs and especially users to become active participants of the community. FanBox and its community representatives reserve the right to communicate directly with users through any of the community tools provided, as well as to use automation to do some or all parts of their jobs, including the removal or modification of photos, pornography, or hate communications, as well as to communicate with users through the FanBox Network, mobile phone applications, email communications, or text messaging, with the objective of encouraging users to become active users of the community. For security purposes, community representatives may use simulated or assumed identities, photos and interests in their profiles. You agree that your public profile information, including but not limited to your display name, photograph, interests and greeting may be utilized by the community representatives or community technology to encourage other users to communicate with you or to interact with the Service. If you do not log in to your Account for over forty (40) days (an "Inactive Account"), your Account may be terminated, suspended, or modified without notice to you.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including but not limited to the release of new FanBox properties, shall be subject to this Agreement. You understand and agree that the Service is provided "AS-IS" and that FanBox assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, information, data, blog entries, media files, social connections, earnings records, advertisements, account performance, or personalization settings, or for the accuracy thereof.

VII. Privacy

You should carefully read the FanBox full Privacy Policy as it governs treatment of any information, including personally identifiable information, you submit to FanBox and that is collected about you during your use of the Services. Certain information, statements, data and content you may submit to FanBox, or services and applications (including those of Platform Developers and third parties) you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, or other personally identifying information about you. You acknowledge that your submission of any information, statements, data, and content to FanBox is voluntary.