GTTV TERMS OF SERVICE These Terms and Conditions contain legal obligations it is your responsibly to read them carefully before accessing GTTV. 1. Ownership of Service. The GTTV website (www.gorillatango.tv any variations of or successors to the website, collectively, the "GTTV Website" or the "Website") and the GTTV service (together with the Website, the "GTTV Service" or the "Service") are owned by Gorilla Tango, Inc. and, from time to time, its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "GTTV"). The GTTV Service currently consists of various web pages at or linked to the Website as well as areas of numerous websites operated by other companies that have entered into an agreement with GTTV to publish their Content through the GTTV Service on their site. The GTTV Service may expand or change from time to time. 2. Application of Terms of Service. Use by end users of the GTTV Service and the GTTV Website is governed by these Terms of Service. For publishers' use of the GTTV publishing services, a separate set of terms and conditions apply which are found at further down this document. Unless explicitly stated otherwise, any new Services, including any new GTTV properties, shall be subject to these Terms of Service. In addition, GTTV may have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement/s for certain of its Services. When you are using any service or product offered by GTTV that does not have a separate legal agreement, these Terms of Service will apply. In addition, GTTV also may offer certain services from time to time that are governed by the terms of service of the respective service partners. Where the GTTV Service is running on third-party websites, the terms and conditions of use of those websites may be applicable in addition to these terms and conditions. 3. Non-Discrimination. GTTV does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status. 4. Questions. Please direct any legal questions to: Gorilla Tango, Inc. 1919 N. Milwaukee Ave. Chicago, IL 60647 5. Acceptance. By using the GTTV Service, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any website where the GTTV Service is found. 6. Conditions and Restrictions of Use. A. Termination. Use of the GTTV Service is subject to compliance with these Terms and Conditions. You acknowledge and agree that GTTV may terminate and/or suspend your access to any portion of the GTTV Service should you fail to comply with the Terms and Conditions or any other guidelines and rules published by GTTV. Any such termination or suspension shall be in GTTV' sole discretion and may occur without prior notice, or any notice. GTTV further reserves the right to terminate or suspend any user's access to GTTV or to any portion of the GTTV Service for any conduct that GTTV, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to GTTV or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. GTTV further reserves the right to terminate or suspend any user's access to the GTTV Service for any reason or for no reason at all, in GTTV' sole discretion, without prior notice. B. User Responsibility to Conduct Accurate Viewing sessions. As required by this paragraph, it is the responsibility of the user to explicitly end movie viewing sessions with the links provided ("I'm done watching this...", "logout" or any other links added to the GTTV service at our discretion) at the bottom of the viewer window. GTTV's pay-per-minute service does not require you to download any proprietary software or make any changes to your system. In most cases, GTTV can tell when the user stops viewing a movie even if the viewing session was not ended properly; however in some cases GTTV cannot. By utilizing the GTTV service you ACKNOWLEDGE AND ALLOW GTTV TO CHARGE YOUR ACCOUNT OR IN THE CASE OF INSUFFICENT FUNDS, YOUR CREDIT CARD, THE PER-MINUTE-PRICE TIMES THE ENTIRE LENGTH OF THE CONTENT VIEWED BY YOU THAT WAS NOT PROPERLY ENDED, AT OUR DISCRETION. C. Access to Content. Please b e aware that the majority of the content found on or through the GTTV service is for general audiences, but there may be certain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If GTTV learns that anyone under the age of 13 seeks to conduct a transaction through the Services, GTTV will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the GTTV Service may not be available to children under 13 under any circumstances. D. Registration and Privacy. GTTV Services will require the user to register and provide certain data. In consideration of use of such Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various GTTV registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GTTV has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GTTV has the right to suspend or terminate your account and refuse any and all current or future use of the Services. All GTTV registrations become the exclusive property of GTTV, its affiliates, successors in interest, and subsidiaries. GTTV reserves the right to use and reuse all registration and other personally identifiable user information subject to the GTTV Privacy Policy, which is found at further down in this document. By using the Service, You acknowledge receipt of the GTTV Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on the GTTV Service. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the GTTV Privacy Policy. For those portions of the GTTV Service that require registration, upon registering, you will receive a password. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify GTTV of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account and/or utilize any links that inform GTTV explicitly that you are done viewing content at the end of each session. It is your sole responsibility to ensure you properly end your viewing session so that your GTTV account or provided credit card is not charged for viewing of content that you did not intend. GTTV cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement and you HERBY ACKNOWLEDGE THAT ANY CHARGES FOR VIEWING CONTENT INCURRED BY YOU FROM YOUR FAILURE TO COMPLY WITH THIS REQUIREMENT ARE NON-REVERSIBLE OR OTHERWISE REFUNDABLE. E. Responsibility for Minors. In cases where you have authorized a minor to use the Services, you recognize that you are fully responsible for: ( i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE GTTV SERVICE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. F. Content Not Screened or Error Free. You acknowledge and agree that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. You further acknowledge and agree that the Services and the Content may contain errors or omissions. You acknowledge and agree that GTTV does not screen or review published content on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. Under no circumstances will GTTV be liable in any way for any user or other third party Content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via the Services. GTTV does not guarantee that any Content will be to your satisfaction. In the event that you believe that Content published on or through the GTTV Service contains defamatory material or otherwise is published in violation of these terms and conditions, however, please contact us right away at: Gorilla Tango, Inc. 1919 N. Milwaukee Ave. Chicago, IL 60647 By Phone: 773-598-4549 By Fax: 866-541-4286 G. User Agreement Not to Circumvent Publishers' Ownership Rights. You acknowledge and agree that your rights to view the publisher content that you access on or through the GTTV Service are strictly limited to the terms of those rights that you obtained in connection with your acquisition of the Content itself. Except as permitted expressly by such rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any Content obtained through the GTTV Service, including, without limitation, by incorporating data and or Content from the Service into any e-mail, search, catalogue, directory, or other "white pages" products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other form of unlawful behavior for which you may be held criminally and/or civilly liable. 7. Prohibited Conduct. In addition to 6.F. above, you agree that you will not use GTTV Services to: A. Upload, post, email, otherwise transmit, or post links to any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. B. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity. C. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way. D. Collect or store personally identifying information about other users for commercial or unlawful purposes. E. Impersonate any person or entity, including, but not limited to, a GTTV official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Services. F. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy: * Making available copyrighted software or other Content that has had the copyright protection removed. * Making available serial numbers for software that can be used to illegally validate or register software. * Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content. * Making available any software files for which the user does not own the copyright or have the legal right to make available. G. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose. H. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services or GTTV. I. Conduct your own contests and promotions or upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants. J. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. K. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law or use GTTV or the Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities, or upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market. L. Fail to complete any transaction after submitting an order to purchase any goods or services, subject to any specific terms and conditions governing such transactions, or submit any order to purchase goods or services where you do not intend to complete the transaction. M. Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services. N. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Services. O. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertise, offer for sale, or sell any of the following items: * Any firearms, explosives, or weapons. * Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants. * Any alcoholic beverages. * Any tobacco products for human consumption, including, without limitation, cigarettes and cigars. * Any items that are indecent or obscene, that are hateful or racially, ethnically or otherwise objectionable, that contain child pornography or are harmful to minors. * Any controlled substances or pharmaceuticals. * Any items that are counterfeit or stolen. * Any dangerous items. * Any goods or services that do not, in fact, exist. * Any registered or unregistered securities. * Any items that violate or infringe the rights of other parties. * Any items that you do not have the legal right to sell. * Any items where doing so through GTTV or the Service would cause GTTV to violate any law. You expressly acknowledge and agree that GTTV may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GTTV, its users and the public. You acknowledge and agree that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by GTTV with regard to its users may be disclosed in accordance with GTTV's Privacy Policy. GTTV also may suspend or terminate any user account for any Service because of user inactivity. For example, a GTTV account may be terminated or suspended if a user fails to sign-in to the GTTV Service for an extended period of time (365 days). If one of your accounts is suspended or terminated for inactivity, your right to use such Service immediately ceases. If a GTTV account is terminated due to inactivity or for any reasons listed above or otherwise, GTTV lays full claim to any funds remaining in account and will attempt to collect any funds due if there is a negative balance at the time of termination. YOU HEREBY ACKNOWLEDGE THAT YOU WILL NOT MAKE ANY ATTEMPT, LEGAL OR OTHERWISE, TO COLLECT FORFITED FUNDS REMAINING IN ACCOUNT OR WITHHOLD ANY MONIES DUE AT TIME OF TERMINATION. (123456) 8. Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement. GTTV respects the intellectual property of others. GTTV does not, however, independently confirm that all Content made available through the GTTV Service is provided by a valid rights holder. In the event that GTTV becomes aware that Content published on or through the GTTV Service has been provided by a person who is not a valid rights holder, GTTV may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such Content. If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide GTTV with the following information: 1. an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located or found on the Website or Service; 4. your address, telephone number and, if available, an email address; 5. 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; and 6. a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. Claims of copyright or other intellectual property infringement should be sent to GTTV by mail, fax or email as follows: By Mail: Gorilla Tango, Inc.. 1919 N. Milwaukee Ave. Chicago, IL 60647 Phone: 773-598-4549 By Fax: 866-541-4286 By Email: support@gorillatango.tv For a full understanding of any rights and or remedies you may have in the case of any infringement, please consult with an attorney. 9. License To Content. Except as otherwise provided by the GTTV Privacy Policy, with respect to any Content posted by you on, to, or through GTTV or the Services, you grant GTTV a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Services and to publish and promote such Content elsewhere within GTTV and the Services. Such license shall apply with respect to any form, media, or technology now known or later developed. 10. DISCLAIMER OF WARRANTIES GTTV AND THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GTTV DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, GTTV DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. GTTV SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GTTV DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICES. GTTV DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. GTTV DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. GTTV MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY GTTV. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 11. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL GTTV OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF GTTV OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE GTTV NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL GTTV OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. 12. Indemnity. You agree to indemnify and hold GTTV and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your violation of these Terms and Conditions or any other applicable published GTTV usage terms, conditions, policies, or requirements, or your violation of any rights of another. 13. Consent to Exclusive Jurisdiction, Waiver of Objections. These Terms and Conditions and the relationship between you and GTTV shall be governed by the laws of the Commonwealth of Illinois without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Illinois for the adjudication of any and all claims arising out of your use of the GTTV Services, and you waive any objection thereto. GTTV ACCEPTABLE USE POLICY (the "GTTV AUP") Your use of the GTTV Service to publish your content is strictly conditioned upon your agreement to (i) the GTTV Publisher Services Agreement and (ii) this GTTV AUP* If you (from hereon known as "Business User") are a website owner or operator who is distributing another publisher's content, through a GTTV business account or utilize any of the features of a GTTV business account though another account type, on your own website Section 6 applies specifically to you. 1. Right to Reject Content/Suspend Account. GTTV reserves the right to accept or reject video and any other content, and/or to suspend the account of any publisher, at GTTV's sole discretion, at any time, whether or not such publisher's content has previously been accepted into the GTTV Service. Please note that, as a self-service platform, GTTV will not review or screen content on a regular basis for compliance with these terms or applicable laws. Nevertheless, if GTTV becomes aware of any content that violates any of the prohibitions set forth herein, or otherwise determines that a publisher's use of the Service is harmful to GTTV, to third parties, or contravenes applicable laws or regulations, GTTV may reject such content and/or suspend the publisher's account (although it undertakes no obligation to do any) at any time, without any notice. 2. Terms Regarding Uploaded Content. By utilizing the GTTV Service, you agree that you will not upload video or other content into the GTTV Service that contains or constitutes: (a) illegal or unlawful content; (b) invasions of personal privacy; (c) promotions of hate or incitement of violence; or (d) violations of copyright, trademark, patent, or any other personal, intellectual property, or privacy right, or which constitute defamation, libel, or slander. 3. Terms Regarding Uses of the GTTV Service. GTTV may accept any type of video content, with these restrictions: (a) You must own all necessary rights to the content, including copyrights to both the video and the audio. You are responsible for paying any license, guild or other fees to third parties for reproduction or publication of the content; (b) You must be able to upload the video to us electronically; (c) You must accept/execute the GTTV Publisher Services Agreement and abide by the terms therein; (d) You may not use the GTTV Service to offer, for sale or otherwise, any of the following: (i) Any firearms, explosives, or weapons; (ii) Any tobacco products: (iii) Any items that contain child pornography, or that are otherwise pornographic in nature; (iv) Any controlled substances or pharmaceuticals; (v) Any items that are counterfeit or stolen; (vi) Any registered or unregistered securities; (vii) Any items that violate or infringe the rights of other parties; or (viii) Any items where doing so through the GTTV Service would cause GTTV to violate any law or regulation; (e) You may not use the GTTV Service to perform any of the following prohibited acts: (i) Any act which, directly or indirectly, causes to be transmitted to, uploaded by or downloaded by, any end user any "junk mail", "spam", "chain letters", "pyramid schemes", or any other like form of solicitation; (ii) Any act which, directly or indirectly, causes to be transmitted to, uploaded by or downloaded by, the GTTV Service or any end user any software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the GTTV Service; or (iii) Any act which interferes with or disrupts the GTTV Service or servers or networks connected to the GTTV Service. 4. Availability of Your Content. You may terminate the distribution of your content from the GTTV Service at any time. You expressly acknowledge and agree, HOWEVER, THAT GTTV WILL OFFER NO REFUNDS OF ANY REMAINING STORAGE FEES ASSOCIATED WITH YOUR ACCOUNT (123456) and may preserve certain content and may also disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions or the Publisher Services Agreement or any applicable amendments thereto; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GTTV, its users and the public. 5. Business Accounts and related services. The GTTV Service allows Business Users to distribute producer's content through the GTTV Service. Specifically, Business Users link to the GTTV content code without GTTV's control or mediation and distribute the publisher's content through a GTTV player on or through their owned or operated websites. Business Users - and not GTTV - are solely responsible for their own actions in connection with the distribution of your content. You specifically agree that, as between you and GTTV, all distribution of your content through Business Users shall be subject to the same economic and legal terms as reflected in the then-applicable Publisher Services Agreement between You and GTTV. 6. Terms and Conditions for Business Users. By utilizing the GTTV Service to distribute a publisher's content on or through your owned or operated website as an Unregistered Affiliate, you agree to the following terms and conditions: a. GTTV and/or the publisher of the content may terminate the distribution of the content and/or the availability of the GTTV Service at any time for any reason on no notice; b. You take the content and the GTTV Service on an "as is" basis, as it is offered or not from time to time, and GTTV does not make any representation, warranty, or covenant regarding the content or the GTTV Service. GTTV hereby disclaims any and all express and implied warranties as to any matter including, but not limited to, implied warranties of fitness for a particular purpose, merchantability, non-infringement, title, and otherwise to the fullest extent of the law. c. You agree to abide by all of the prohibitions set forth in this GTTV Pub AUP. d. Except as expressly permitted by GTTV, You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) "frame" or "mirror" any content on any other server or wireless or Internet-based device to interfere with or re-distribute the GTTV Service; (iv) reverse engineer, decompile, modify, translate, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon Your access to or usage of the GTTV Service; (v) rent, lease, transfer, or otherwise transfer rights to any aspect of the GTTV Service; or (vi) take any act to remove, obscure, interfere with, or modify the presentation or functionality of any aspect of the GTTV Service. You further agree that upon termination of availability of the content, You shall no longer have the right to use the GTTV Service, display any GTTV Player, or stream or make available for download any content from the GTTV Services on or through Your owned or operated website/s. e. You expressly agree and acknowledge that GTTV retains any and all right, title and interest in all of GTTV's intellectual property and other rights, including but not limited to the GTTV Service, the GTTV Player Code, and the GTTV Marks and all components thereof. f. You agree to indemnify fully and hold harmless GTTV and GTTV's officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors, and assigns (the "GTTV Indemnitees") from and against any and all claims, damages, liabilities, fees or the like brought by end users of your website/s, advertisers on your website/s, or other third parties arising out of or related to use of the GTTV Service on or through your website/s, and/or for the distribution of the content on or through your website/s through the GTTV Service, and/or for breach of any of these terms and conditions. g. Under no circumstances shall GTTV be liable to any Business Users or any other party for indirect, incidental, consequential, special or exemplary damages (even if that party has been advised of the possibility of such damages) arising from or related to the delivery (or non-delivery) of the GTTV Service (including such damages incurred by third parties), such as, but not limited to, loss of revenue, or anticipated profits or lost business. Under no circumstances shall GTTV be liable for damages to any Business Users for any dollar amount. h. Any claim, action, complaint, dispute, litigation or the like brought against GTTV or any GTTV Indemnitee by any Business Users or by any end user of any website owned or operated by any Business Users, including without limitation regarding these terms and conditions, their interpretation, performance or any breach thereof: (i) shall be construed in accordance with, governed by, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of Illinois applicable to contracts entered into and wholly to be performed within said state, (ii) shall be adjudicated solely in the state or federal courts located within the Commonwealth of Illinois, and (iii) each Business Users and end user of any website owned or operated by any Business Users hereby waives any objection to the foregoing provisions of this Subsection (h). 7. Authorization & Consent to Receive E-Mail Notifications. By signing up to use the GTTV Service, you consent to receive important e-mail notifications from GTTV related to the GTTV Service. GTTV may change these policies at any time without advance notice. *In the event of a conflict between the provisions of this AUP and the provisions of the GTTV Publisher Services Agreement, the provisions of the GTTV Publisher Services Agreement shall have priority. GTTV PRIVACY POLICY I. What This Privacy Policy Covers This policy covers how GTTV treats personal information that GTTV collects and receives, including information related to your past use of GTTV products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that GTTV does not own or control, or to people that GTTV does not employ or manage. II. Information Collection and Use A. General GTTV collects personal information when you register with GTTV, when you use GTTV products or services, when you visit GTTV pages or the pages of certain GTTV partners. GTTV may combine information about you that we have with information we obtain from business partners or other companies. * When you register we may ask for information such as your name, email address, birth date, gender, zip code, occupation, industry, and personal interests. Once you register with GTTV and sign-in to our services, you are not anonymous to us. * GTTV collects information about your transactions with us and with some of our business partners. GTTV may also ask you for credit card information to process your transactions with us, or to verify your identity or age. * GTTV automatically receives and records information on our server logs from your browser, including your IP address, GTTV cookie information, and the page/s and products you request. * GTTV uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients. B. Information Sharing and Disclosure GTTV does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you have requested, when we have your permission, or under the following circumstances: o We provide the information to trusted partners who work on behalf of or with GTTV under confidentiality agreements. These companies may use your personal information to help GTTV communicate with you about offers from GTTV and our marketing partners. However, unless you have granted permission, these companies do not have any independent right to share this information. o We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; o We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of GTTV's Terms and Conditions of Use, or as otherwise required by law. o We will transfer information about you if GTTV is acquired by or merged with another company. We will post a notice on our site before this occurs and/or if a new privacy policy will be applicable as a result. o GTTV works with vendors, partners, advertisers, and other service providers. In order to bring you the products and services you have requested, we may share your personal information with them. We will not authorize these service providers to share your information other than as necessary to provide the services you have requested or beyond the extent to which you have granted us permission to do so. o GTTV may display targeted advertisements based on personal information. III. Cookies, Web Beacons, and Shared Objects. GTTV may set and access cookies on your computer. A cookie is a small text file containing a unique identification number that is transferred from a website to the hard drive of your computer so that the site administrator may identify your computer and passively track its activities on the website. This unique number identifies your web browser to our computer system. A cookie will not allow a website to learn any personally identifiable information (such as your real name and address) that you have not otherwise disclosed. Cookies allow us to automatically remember your web browser when you visit our site/s or Service. The use of cookies is an industry standard, and they are currently used on most major websites. It is possible to adjust your Web browser preferences to alert you when a cookie is sent to your hard drive, or to refuse cookies altogether. GTTV will not function properly if you set your browser to refuse all cookies and you will not be able to access the service. (123456) Web beacons, also known as clear GIFs or single-pixel GIFs, are small image files that we may place on Web pages and within certain email. Working in conjunction with cookies, Web beacons allow us to accurately count the number of unique users who have visited a specific page and the number of times those pages are displayed. We can also use Web beacons to let us know how many people opened certain types of email. This information is only collected in aggregate form and will not be linked to your personally identifiable information. Keep in mind that any image file on a Web page can act as a Web beacon. Third-party advertisers may use Web beacons in their advertisements. Shared Objects are used to store data on your computer in much the same way that data is stored in a cookie created through a web browser. Various uses of Shared Objects include remembering a user's favorite color, or the last frame of a movie watched. The data can only be read by movies originating from the same domain that created the Shared Object. Shared Objects can not remember a user's e-mail address or other personal information unless they willingly provide such information. Without cookies, Web beacons, and Shared Objects, it would be difficult for us to know which services have a larger audience than others, or to offer you all the services and functionality that we do. Tracking audience size helps us to better understand when to launch new services and enhance the current offerings. IV. Your Ability to Edit and Delete Your Account Information and Preferences A. General You can edit your GTTV Account Information, including your marketing preferences, at any time. New categories of marketing communications may be added to the Marketing Preferences page from time to time. Users who visit this page can opt out of receiving future marketing communications from these new categories or they can unsubscribe by following instructions contained in the messages they receive. We reserve the right to send you certain communications relating to the GTTV service, such as service announcements or administrative messages, without offering you the opportunity to opt-out of receiving them. You can delete your GTTV account by visiting our Account Deletion page. B. Confidentiality and Security at GTTV We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We have physical, electronic, and procedural safeguards that protect personal information about you. C. Changes to this Privacy Policy GTTV may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your GTTV account or by placing a prominent notice on our site. Gorilla Tango, Inc. 1919 N. Milwaukee Ave. Chicago, IL 60647 Phone: 773-598-4549 revision: April 18, 2008