Thank you for joining the Distractive Media Network.

When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the End User Licence Agreement and Privacy Policies herein.

1. Introduction
About us and this Agreement

We are lifestyle technology company

A. Purpose
The mission of Distractive Media is to smartly connect events, venues and retailers with targeted consumers to enable all of them to benefit greatly and that engagement be more productive and successful. To achieve our mission, we make services available through our varying wireless networks including cellular, Wi-Fi, Bluetooth, NFC, website(s), cameras, projectors, sound systems, lighting systems, mobile applications, and developer platform, to help you, your connections, and millions of other consumers meet, exchange ideas, learn, make deals, find opportunities or employees, work, and make decisions in a network of trusted relationships and groups.

When you use Distractive Media, you are entering into a legal agreement and you agree to all of these terms herein.

You also agree to our Privacy Policy, which covers how we collect, use, share and store your personal information. Using Distractive Media is safe as we incorporate the latest encryption and cyber security systems and techniques. Unlike most other social platforms, our Privacy Policy is to never sell user specific data.

B. Scope and Intent
You agree that by registering on Distractive Media, or by using our website, mobile applications, developer platform(s), premium services, or other information provided as part of the Distractive Media services (collectively “Distractive Media” or the “Services”), you are entering into a legally binding agreement with Distractive Media Corporation, 1439 W. Chapman Ave, Orange, California 92868, USA if you reside in the United States (“we,” “us,” “our,” and “Distractive Media”) based on the terms of this Distractive Media User Agreement and the Distractive Media Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a Distractive Media member (“Member”). If you are using Distractive Media on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a Distractive Media Member, do not enter this Agreement, do NOT click “Join Now” or “Accept “and do not access, view, download or otherwise use any Distractive Media webpage, mobile apps, information or services.

By clicking “Join Now” or “Accept” (or “Join Distractive Media” or similar), you actively acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all its provisions. By clicking “Join Now,” you also consent to use electronic signatures and acknowledge your click of the “Join Now” or “Accept “button as one. Please note that the Distractive Media User Agreement and Privacy Policy are also collectively referred to as Distractive Media’s “Terms of Service.” You are eligible to enter into this contract and you are at least our “Minimum Age”

The information you provide is truthful.

2. Your Obligations
Some promises you make to us in this Agreement:

You will follow the law and Distractive Media’s rules.
A. Applicable laws and this Agreement
You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without notice, and the policies and processes explained in the following sections:

• DOs and DON’Ts;
• Complaints Regarding Content Posted on the Distractive Media Website
• Distractive Media’s Privacy Policy
You grant us an irrevocable license to the information you provide us.

B. License and warranty for your submissions to Distractive Media Distractive Media owns the all information you provide Distractive Media through its network under this Agreement, and may request its deletion at any time, unless the information or content has been shared with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Distractive Media a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, sell or use in any way now known or in the future discovered, any information you provide, directly or indirectly to Distractive Media, including, but not limited to, any user generated content, ideas, concepts, telephone numbers, email accounts, techniques and/or data to the services, you submit to Distractive Media, without any further consent, notice and/or compensation to you or to any third-parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is true and accurate, not confidential, and not in violation of any contractual restrictions or other third-party rights. It is your responsibility to keep your Distractive Media profile information accurate and updated. You are eligible to enter into this contract and you are at least our “Minimum Age”

The information you provide is truthful.

C. Service Eligibility
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Distractive Media account, (3) are not a competitor of Distractive Media or are not using the Services for reasons that are in competition with Distractive Media; (4) will only maintain one Distractive Media account at any given time; (5) will use your real name and only provide accurate information to Distractive Media; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Distractive Media or third-party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.

“Minimum Age” means, depending upon State, 18 years old.
You will keep your password a secret.
You will not share an account with anyone else.
You will not copy or transfer any part of the Service.

D. Your Membership
The profile you create on Distractive Media will become part of Distractive Media and except for the information that you license to us is owned by Distractive Media. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Distractive Media account to another party; and (5) not charge anyone for access to any portion of Distractive Media, or any information therein. Further, you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit Distractive Media’s Help Center at info@distractivemedia.com .

You will pay us for any losses that you cause.

E. Indemnification
You agree to indemnify us and hold us harmless for any and all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third-party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third-party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Distractive Media. You will honor your payment obligations and you are okay with us storing your payment information. Also, there can be fees and taxes that are added to our prices.

We don't guaranty anything and never refund any payments.

F. Payment
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Distractive Media storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts, Internet access) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Distractive Media does not support all payment methods, currencies or locations for payment. If a Distractive Media subscription service exists, your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Premium Services here. Distractive Media’s refund policy is explained here. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that Distractive Media’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.

Additionally, if you require a printed invoice for your transaction with us, you may access it through your Distractive Media account settings under “Purchase History.” request one by contacting our Customer Support.

If you think you must breach this agreement you must let us know beforehand.

G. Notify us of acts contrary to the Agreement

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so. Failure to properly notify Distractive Media of the potential conflict may limit or eliminate your rights.
You are okay with us providing you with important notices on the website, mobile apps, telephone calls, texts, posts or emails for commercial and non-commercial purposes. You hereby explicitly grant Distractive Media the right to contact you via website, mobile apps, telephone calls, texts, posts or emails for commercial and non-commercial purposes without restriction.
The contact information you provide must be accurate or you may not receive important notices. Failing to supply accurate information is grounds for Distractive Media to terminate, at its sole discretion, your service.

H. Notifications and Service Messages
For purposes of service messages and notices about the Services, Distractive Media may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Distractive Media to an email address associated with your account, even if we have other contact information. You also agree that Distractive Media may communicate with you through your Distractive Media account or through other means including email, mobile number, telephone, mobile app, network, or delivery services including the postal service about your Distractive Media account or services associated with Distractive Media. Please review your Settings to control what kind of messages you receive from Distractive Media. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

This Agreement applies to mobile applications as well that you have, or are currently using. Also, you agree certain additional information can be shared to Distractive Media such as specific information regarding you or metadata.

I. Distractive Media Applications
Distractive Media may offer the Services through applications built using Distractive Media’s platform (“Distractive Media Applications”). Examples of Distractive Media Applications include its smart phone applications (Distractive Media for Android, Distractive Media for Blackberry or Distractive Media for iPhone, Distractive Media for Windows), and Distractive Media’s “Share” buttons and other interactive plugins distributed on websites across the web. Distractive Media Applications are distinct from third-party Platform Applications addressed in Section 4.B. If you use a Distractive Media Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages or mobile apps containing Distractive Media plugins that load in your browser may be communicated to us. Further, by importing any of your Distractive Media data through the Distractive Media Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event, you change or deactivate your mobile account, you must promptly update your Distractive Media account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Distractive Media through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.

When you share information, others can or may see, copy and use that information.

J. User-to-User Communication and Sharing (Distractive Media Groups, Answers, Updates, Group Texts, Venue Texts, Company Pages, etc.) Distractive Media offers various forums such as Distractive Media Groups, Answers, and Network Updates, where you can post your observations and comments on designated topics. Distractive Media also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other parts of the site, such as Distractive Media Groups and Distractive Media Company Pages. Distractive Media members can create Distractive Media Groups and Company Pages for free, however, Distractive Media, in its sole discretion, may close or transfer Distractive Media Groups or Company Pages, or remove content from them if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members, and Distractive Media cannot guarantee that other Members will not use the ideas and information that you share on Distractive Media. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third-party rights that may be infringed by your sharing it, do not post it to any Distractive Media Group, into your Network Updates, or elsewhere on Distractive Media. DISTRACTIVE MEDIA IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON OR THROUGH DISTRACTIVE MEDIA.

You are okay with us collecting, using, storing, and disclosing information about you in keeping with our Privacy Policy.

K. Privacy
You should carefully read our full Privacy Policy before using Distractive Media as it is hereby incorporated into this Agreement by reference, and governs our treatment of any and all information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs, documents, video, music) which you may submit to Distractive Media, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Distractive Media may process such information, within the terms of the Privacy Policy.

You won’t break export laws.

L. Export Control
Your use of Distractive Media services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

If you provide feedback to Distractive Media, make sure you don’t include confidential or infringing materials, and you grant Distractive Media rights to such feedback without reservation.

M. Contributions to Distractive Media
By submitting ideas, suggestions, documents, or proposals ("Contributions") to Distractive Media through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Distractive Media is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Distractive Media shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Distractive Media may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Distractive Media rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Distractive Media under any circumstances.

3. Your Rights
If you follow this agreement, we grant you a limited right to use Distractive Media. You will only access and use Distractive Media in the way this agreement allows you and as its purpose was designed.

On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, non-assignable, non-sub-licensable license and right to access the Services, through a generally available web browser, mobile device or Distractive Media authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Distractive Media or its Members), view information and use the Services that we provide on Distractive Media webpages and in accordance with this Agreement. Any other use of Distractive Media contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Distractive Media commercially unless expressly authorized by Distractive Media) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Distractive Media and all related items, including any and all copies made of or through the Distractive Media website and service.

4. Our Rights & Obligations
We may change or discontinue Services, and in such case, we do not promise one way or another to keep showing or storing your information and materials.

A. Services Availability
For as long as Distractive Media continues to offer the Services, Distractive Media shall provide and seek to update, improve and expand the Services. Thus, we allow you to access Distractive Media as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Distractive Media, partially or entirely, or change and modify prices for all or part of the Services for you or for all our Members in our sole discretion. These changes shall be effective upon their posting on Distractive Media or by direct communication to you unless otherwise noted. Distractive Media further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Distractive Media to be contrary to this Agreement. For avoidance of doubt, Distractive Media has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.
Third-parties may offer their own products and services through Distractive Media, and Distractive Media is not responsible in any way for these third-party activities or its merchantability.

B. Third-party-Sites and Developers
Distractive Media may include links to third-party web sites (“Third-party Sites”) on www.distractivemedia.com, www.getdistractive.com , mobile apps, or other developer sites, and elsewhere. Distractive Media also enables third-party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by Distractive Media through its developer platform. You are responsible for evaluating whether you want to access or use a Third-Party Site or Platform Application. You should review any applicable terms or privacy policy of a Third-Party Site or Platform Application before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Distractive Media is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third-party Sites or Platform Applications. Distractive Media also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to use Third-party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third-Party Site or Developer Application. Please note: If you allow a Platform Application or Third-Party Site to authenticate you or connect with your Distractive Media account, that application or website can access information on Distractive Media related to you and your connections.

For additional information regarding Platform Developers and Platform Applications, please refer to Distractive Media’s Privacy Policy. You agree that we can fully use, store and share information about you as permitted in our Privacy Policy.

C. Disclosure of User Information
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third-parties, whether or not the third-party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Distractive Media, our Members or the public. Disclosures of Member information to third-parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.

Distractive Media is an opt-in system.

Your contact or user information is subject to a rigorous qualification process. Distractive Media herein fully discloses its intent and purpose to collect your contact information and you hereby agree to allow Distractive Media and/or its Affiliates to send messages to you even beyond the duration of active service. Specifically, by pressing the “Join Now” or “Accept “button and/or using this service, you hereby agree that Distractive Media has your irrevocable prior expressed consent to send text, voice messages, calls via automatic telephone dialing system or email transmission to you for solicitation purposes. Your digital consent is hereby obtained in compliance with the E-SIGN Act via use of this service, e-mail, website form, mobile app capture, text message, telephone key press, or voice recording. User information collected using Mobile Keyword, Online Sign-Up Page, eOSP, Facebook Widget, and other features that require your voluntary action of sign-up, our system keeps each subscriber action as “written proof”.

Distractive Media implemented this process to ensure an elevated user experience, help maintain best practices privacy policies and comply with various laws and regulations including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and CTIA. This certification process stated above ensures full compliance as the laws and regulations. You can find more information on the E-Sign Act at: http://www.gpo.gov/fdsys/pkg/PLAW-106publ229/pdf/PLAW-106publ229.pdf

We have the right to limit the connections and interactions on the Service.

D. Connections and Interactions with other Members

You are solely responsible for your interactions with other Members. Distractive Media may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services at Distractive Media’s sole discretion. Distractive Media reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Distractive Media determines, in its sole discretion, that doing so is necessary to enforce this Agreement.

We are providing you notice about our intellectual property rights.

E. Intellectual Property Notices
The Service includes the copyrights and Intellectual property rights of Distractive Media and except for the limited license granted to you in Section 3, Distractive Media reserves all its intellectual property rights in the Service. Distractive Media, the Distractive Media and “d” logos and other Distractive Media trademarks, service marks, graphics, and logos used with Distractive Media are trademarks or registered trademarks of Distractive Media in the U.S. and/or other countries. Other trademarks and logos used with Distractive Media may be the trademarks of their respective owners. In no way does this Agreement grant you any right or license with respect to any such trademarks and logos.

5. Disclaimer
We disclaim any legal liability for the quality, safety or reliability of Distractive Media.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON DISTRACTIVE MEDIA OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR DISTRACTIVE MEDIA AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. DISTRACTIVE MEDIA DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DISTRACTIVE MEDIA AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY DISTRACTIVE MEDIA OR ANYTHING RELATED TO DISTRACTIVE MEDIA, YOU MAY CLOSE YOUR DISTRACTIVE MEDIA ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. DISTRACTIVE MEDIA IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH DISTRACTIVE MEDIA TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD-PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD-PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. DISTRACTIVE MEDIA DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, DISTRACTIVE MEDIA DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. DISTRACTIVE MEDIA DOES NOT GUARANTEE ANY IMPLIED OR EXPLICITY LEVEL OF QUALITY OF SERVICE; THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. DISTRACTIVE MEDIA DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, DISTRACTIVE MEDIA DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE DISTRACTIVE MEDIA SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, THE WIRELESS NETWORKS AND FOR ANY OTHER REASON. AT DISTRACTIVE MEDIA’S SOLE DESCRETION; ANY OFFERING OR BENEFIT MAY BE CANCELED, EXPIRE OR BE REVOKED BY DISTRACTIVE MEDIA WITHOUT NOTICE, AT ANY TIME AND WITH NO LIABILITY OR RECOUSE TO MEMBER.

6. Limitation of Liability
We are trying to limit any legal liability Distractive Media may have to you.
LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. You herein agree without reservation that neither Distractive Media nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, partners or directors (“Distractive Media Affiliates”) shall be cumulatively or individually liable for (a) any damages in excess of five times the most recent fee that you paid for a Premium Service, if any, or USD $100, whichever amount is less, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any Platform Applications or any of the content or other materials on, accessed through or downloaded from Distractive Media. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and

Not apply to any damage that Distractive Media may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.

Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.

7. Termination
We can each end this agreement anytime we want.
A. Mutual rights of termination
You may terminate this Agreement, for any or no reason, at any time, with notice to Distractive Media pursuant to Section 9.C. This notice will be effective upon Distractive Media processing your notice. Distractive Media may terminate this Agreement and your account for any reason or no reason, at any time, at its sole discretion with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Distractive Media or the party paying for the services may terminate your access to any Premium Services. Termination of your Distractive Media account includes disabling your access to Distractive Media and may also bar you from any future use of Distractive Media.

B. Misuse of the Services
Distractive Media may restrict, suspend or terminate the account of any Member at any time and for any reason Distractive Media choses. Distractive Media may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the Distractive Media messaging services; creating multiple or false profiles; using the Services commercially without Distractive Media’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that Distractive Media, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Distractive Media has adopted a policy of terminating accounts of Members who, in Distractive Media’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.

C. Effect of Termination
Upon termination of your Distractive Media account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4(a) (b) and (d) (“Our Rights and Obligations”)

8. Dispute Resolution
In the unlikely event, we end up in a legal dispute, it will take place in Nevada courts, applying Nevada law.

A. Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Nevada regardless of your country of origin or where you access Distractive Media, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Distractive Media agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Clark County, Nevada, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Distractive Media agree to submit to the personal jurisdiction of the courts located within Clark County, Nevada for the purpose of litigating all such claims. Notwithstanding the above, you agree that Distractive Media shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Each of us will have the right to choose arbitration.

B. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

9. General Terms
Important details about how to read the agreement.

A. Severability
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

B. Language
Where Distractive Media has provided you with a translation of the English language version of this Agreement, the Privacy Policy, or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Distractive Media.

C. Notices and Service of Process
In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via postings on www.distractivemedia.com . You may contact us only via mail or third party courier at: Distractive Media Corporation ATTN: Legal Department 1439 W. Chapman Ave, Orange, California 92868 USA and as such, said notice will only be considered received if signed by a current officer of the corporation. Additionally, Distractive Media does not receive service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect and shall not be considered constructive notice.

D. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Distractive Media regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Distractive Media services, third-party content or third-party software.

E. Amendments to this Agreement
We reserve the right to modify, supplement or replace the terms of this Agreement, effective upon posting at www.distractivemedia.com or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 7 (Termination).

F. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Distractive Media Affiliate shall be deemed legally binding on any Distractive Media Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Distractive Media.

You waive your rights to try to stop Distractive Media, but we don’t waive our rights to ask a court to stop your actions.

G. No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

H. Beneficiaries
Entities other than Distractive Media Corporation that Distractive Media Corporation owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third-party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.

You can’t assign your rights under this agreement, but we can.

I. Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Distractive Media Corporation for any third-party that assumes our rights and obligations under this Agreement.

J. Potential Other Rights and Obligations
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

10. Distractive Media “DOs” and “DON’Ts.”
As a condition to access Distractive Media, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
Here’s a list of some of the specific things we ask you to do and not do on Distractive Media. If you want a high-level summary of these, please check out our Community Guidelines

A. Do undertake the following:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;

1. Provide accurate information to us and update it as necessary;
2. Review and comply with our Privacy Policy;
3. Review and comply with notices sent by Distractive Media concerning the Services;
4. Use the Services in a professional manner; and
5. Use your real name on your profile.

B. Don’t undertake the following:
1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Distractive Media;

2. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that may be considered confidential in nature;

3. Create a Member profile for anyone other than a natural person;

4. Harass, abuse or harm another person, including sending unwelcomed communications to others using Distractive Media;

5. Invite people you do not know to join your network;

6. Upload a profile image that is not your likeness or a head-shot photo;

7. Use or attempt to use another's account or create a false identity on Distractive Media;

8. Upload, post, email, transmit or otherwise make available or initiate any content that:

a. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present;

b. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;

c. Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Distractive Media);

d. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

e. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;

f. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Distractive Media invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Distractive Media to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;

g. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Distractive Media or any user of Distractive Media;

h. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or

i. Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.

Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;

Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Distractive Media (excluding content posted by you) except as permitted in this Agreement, Distractive Media’s developer terms and policies, or as expressly authorized by Distractive Media;

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;

Utilize or copy information, content or any data you view on or obtain from Distractive Media to provide any service that is competitive, in Distractive Media’s sole discretion, with Distractive Media;

Imply or state, directly or indirectly, that you are affiliated with or endorsed by Distractive Media unless you have entered into a written agreement with Distractive Media (this includes, but is not limited to, representing yourself as an accredited Distractive Media trainer if you have not been certified by Distractive Media as such);

Adapt, modify or create derivative works based on Distractive Media or technology underlying the Services, or other Members’ content, in whole or part, except as permitted under Distractive Media’s developer program; Rent, lease, loan, trade, sell/re-sell access to Distractive Media or any information therein, or the equivalent, in whole or part;

Sell, sponsor, or otherwise monetize a Distractive Media Group or any other service or functionality of Distractive Media, without the express written permission of Distractive Media;

Deep-link to the Site for any purpose, (i.e. creating or posting a link to a Distractive Media web page or mobile apps other than Distractive Media’s home page) unless expressly authorized in writing by Distractive Media or for the purpose of promoting your profile or a Group on Distractive Media as set forth in the Brand Guidelines;

Remove any copyright, trademark or other proprietary rights notices contained in or on Distractive Media, including those of both Distractive Media and any of its licensors;

Remove, cover or otherwise obscure any form of advertisement included on Distractive Media;

Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Distractive Media except as expressly permitted in this Agreement or as the owner of such information may expressly permit;

Share information of non- Members without their express consent; Infringe or use Distractive Media’s brand, logos or trademarks, including, without limitation, using the word “Distractive Media” in any business name, email, or URL or including Distractive Media’s trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Distractive Media;

Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages, mobile apps or other services contained in the site;

Use bots or other automated methods to access Distractive Media, add or download contacts, send or redirect messages, or perform other similar activities through Distractive Media, unless explicitly permitted by Distractive Media;

Access, via automated or manual means or processes, Distractive Media for purposes of monitoring Distractive Media’s availability, performance or functionality for any competitive purpose;

Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Distractive Media’s website;

Attempt to or actually access Distractive Media by any means other than through the interfaces provided by Distractive Media such as its mobile application or by navigating to http://www.distractivemedia.com using a web browser. This prohibition includes accessing or attempting to access Distractive Media using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Distractive Media;

Attempt to or actually override any security component included in or underlying Distractive Media;

Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Distractive Media’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or Distractive Media personnel, attempting to gain unauthorized access to Distractive Media, or transmitting or activating computer viruses through or on Distractive Media; and/or Interfere or disrupt or game Distractive Media or the Services, including, but not limited to, any servers or networks connected to Distractive Media, or Distractive Media's search algorithms.

11. Complaints Regarding Content Posted on the Distractive Media Website If you think someone has stolen or misused your intellectual property on Distractive Media, please check out our Copyright Policy.

All content of Distractive Media is herein copyrighted. We built Distractive Media to help you be a more successful and to help retailers and consumers succeed. To achieving this purpose, we encourage our Members to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third-parties. To promote these objectives, Distractive Media provides a process for submission of complaints concerning content posted by our Members.

Our policy and procedures can be found here: Distractive Media Copyright Policy for claims regarding Copyright Infringement. Claims regarding content (other than copyright) can be found on our website.

12. Fair Use Disclaimer Regarding Content Posted on the Distractive Media Website and Apps Fair Use refers to the right to reproduce, use and share copyrighted works without direct permission from or payment to the original copyright holders.

It is a designation that is assigned to projects that use copyrighted materials for purposes that include research, criticism, news reporting and teaching. When a project is protected under fair use provisions, the producers of that project are not subject to sanctions related to copyright infringement.

This presentation may contain copyrighted material, trademarked or logos, the use of which has not been specifically authorized by the copyright holders. The material is made available herein to advance an open dialogue for potential formal business relationship with said parties. Through context, critical questioning, and educational framing, the presentation, therefore, creates a transformative use of copyrighted media.

The material is presented for entirely non-profit, educational or internal business purposes. There is no reason to believe that the featured media will in any way negatively affect the market value of the copyrighted works. For these reasons, Distractive Media, Inc. believes that the presentation herein is clearly covered under current fair use copyright laws.

Therefore, in strict accordance with Title 17 U.S.C. Section 107, this material is distributed herein without profit to those who have or may have, expressed a prior interest in receiving the included information for research and/or the ability to facilitate an open business dialogue. Distractive Media, Inc. has no affiliation whatsoever with the originator(s) of the copyrights, logos or trademarks, nor are we endorsed or sponsored by the originator(s).

Distractive Media, Inc. understands that if use copyrighted material from this that may go beyond "fair use" of such copyrighted material as provided in Title 17 U.S.C. Section 107, Distractive Media must obtain permission from the copyright owner(s). Distractive Media, Inc. does not support any actions in which the materials contained herein are used for purposes that extend beyond fair use.

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