MAILBAG MEDIA TERMS OF USE

Please read these Terms of Use carefully before making use of the Mailbag Media Site, or Services.

1. ACCEPTANCE OF TERMS AND CONDITIONS
This is a legal agreement ("Agreement") between you the User ("Member") and Mailbag Media ("Mailbag Media"). By confirming your acceptance of our Terms of Use on the membership sign-up page. You agree to be bound by the terms and conditions contained within this agreement. If you do not agree to be bound by the terms and conditions contained within this agreement. You do not have any right to access the Mailbag Media Site or Services.

2. ACCESS TO THE SERVICES
Members represent that they are a minimum of 16 years of age, and that they are capable of entering into a legally binding agreement. If Member is under the age of 18. Member can use this service only in conjunction with, and under the supervision of your parents or guardians. Member certifies that they are legally permitted to use the services and access the Site, and Member takes full responsibility for the selection and use of the Mailbag Media Site and Services.

2.1 Account restrictions
Member is only permitted to have one single account at any time. No more than two unique accounts are permitted per address or households. Mailbag Media reserves the right to restrict the number of accounts per household if it deems necessary.

2.3 Account information and ownership
Member agrees to provide accurate information during the registration process, and Member consents to the disclosure of their name and mailing address to the Sending Member when requesting media titles. Registration of accounts using fictious information is expressly prohibited. Registration of mutiple accunts constitutes fraud and may give rise to criminal prosecution and substantial damages. Mailbag Media prosecutes fraud to the fullest extent of the law.

3. TERM
This agreement shall be effective from the date of accepting this agreement and continues until it is terminated. This Agreement may be revoked or terminated by Mailbag Media at any time. Mailbag Media may suspend the Members access to the services upon any breach of this agreement by the Member, including but not limited to, refusal or failure to pay for services, or upon determination that the Member may be performing activities harmful to Mailbag Media or other members, employees, vendors, assigns or business partners.

4. MAILBAG MEDIA AS A MARKETPLACE
Mailbag Media is not a store. It is an online marketplace that provides members of the public with an avenue to trade books, DVDs, CDs and video games. We do not guarantee a trade, and Mailbag Media does not warrant that product descriptions are accurate, complete or current, or that a title showing as available will actually be mailed to the requesting member. Since Mailbag Media is not involved with the shipment of media titles between members. Consequently, we have no control over the quality, safety, or legality of the items being traded. If a product is not as described upon receipt, your sole remedy is to file a claim with the Site administrator. Member expressly understands that Mailbag Media offers no assurances or guarantee that products mark as available by other members, will be available to the Member. Member expressly assumes this risk.

4.1 Media listing guidelines
Member shall not list media materials that the Member does not own or have in their possession, or does not intend to make available for exchange. Only original materials in useable, or playable condition may be listed for trade on the Site. Digital materials (DVDs, CDs and video games) may only be listed if the member is in possession of the track listing sheet and front cover.

CONTERFEITED MATERIALS (COPIED, DUPLICATED OR RIPPED) CANNOT BE TRADED ON MAILBAG MEDIA.

Member access to the Site will be immediately terminated in the event the Member uses the Site for illegal purposes. Member acknowledge and agrees that they must have valid title and ownership rights to any media titles they list on the Site. Mailbag Media reserves the right to remove, or modify any listings submitted by Member.

4.2 Media trading guidelines
If Member lists items for trade on the Site, Member must be prepared to mail the items out within 48 hours of receiving requests. If Member is incapable of mailing out requested media titles within 48 hours. Member must respond to the shipment request, by placing their account on hold within 24 hours of receiving the request.

4.3 Credit point system (Media and Trade Credits)
Member acknowledges and agrees that Members exchange media titles to earn media credits. All transactions are between the respective sender and receiver, and not with Mailbag Media. In consideration for sending out a media title, the Senders account will be credited with a pre- determined number of media credits, and the receipients account will have the equal number of media credits deducted from their account. Additionally the recipients account will be charged a transaction fee in the form of trade credits. Member acknowledges and agrees Mailbag Media may at it's sole discretion debit, or credit media and trade credits from their account at any time with, or without notice.

4.4 Media and trade credit value
Media and trade credits have no resale value and are non-transferable. Media and trade credits can only be used by the Member for requesting items marked as available for trade on the Mailbag Media Site. Member acknowledges and agrees that media and trade credits cannot be redeemed for cash, and have no value outside of Mailbag Media. In no event shall Mailbag Media be required to refund, redeem, or pay any amounts to Member for outstanding media or trace credits upon closing of the Member account, or the Mailbag Media service. Member acknowledges and agrees that Mailbag Media has no fiduciary duty to the Member.

4.5 Packaging and shipping costs
The sender is responsible for preparing media items for shipment, as per the packaging instructions provided on the account page to ensure the media item(s) will not be damaged during transit. Member shall include nothing other than the requested media title and associated materials when preparing the package for shipment. Absolutely no other materials (Third party or otherwise) are to be enclosed within the package. The sender is responsible for all shipping costs, and is responsible to apply the correct postage to the package to ensure delivery.

4.6 Mailbag Media Safeguard Guarantee
If a media item is lost, stolen or damaged during transit, or if a media item is received in unuseable condition. The recipient may submit a claim via the dispute resolution center. Upon receipt of the claim, the Mailbag Media administrator will credit the Member account with the associated number of media and trade credits involved in the trade, if it is determined by the administrator that no foul play was involved in the exchange, and if the Member claim percentage falls within acceptable levels.

In the event Member submits more than three (3) claims for a lost, torn, broken, incorrect, scratched or otherwise unuseable media title per one hundred (100) media items received. Mailbag Media may at its sole and complete discretion, determine that the Member is not eligible for the Mailbag Media Safeguard Guarantee. Member also acknowledges and agrees that if the Site administrator deems the number of claims being filed by Member is excessive, the Site administrator may suspend or terminate Member's account.

4.7 Release
Mailbag Media is not a party to, and shall not be involved in or responsible for transactions, agreements and/or disputes between Members. If Member has a dispute with one or more members, Member release Mailbag Media (and our licensees, officers, directors, agents, subsidiaries, affiliates, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such disputes. If Member is a California resident. Member waives California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

5. MEMBER RESPONSIBILITYS AND CONDUCT
Member is responsible for all of their activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity will be grounds for termination of Member's right to Services or to access the Site.

5.1 Fraud
Member agrees not to commit fraud using the Site or Services. Examples of fraud include, but are not limited to, claiming to mail out a media title but not actually sending it out. Claiming a media title they requested was never received when in fact it was. Claiming a media title is lost, broken, incorrect, scratched or otherwise unuseable when it is not.

5.2 Account details
Member agrees to keep their account details current, complete and accurate. Member agrees Mailbag Media shall have the right to use the registration information for such uses as reasonably required for the Service and Site, as set forth in the Mailbag Media's Privacy Policy.

5.3 Member ID & Password
Member is responsible for all actions taken with your Member ID and password, including fees charged to your account. For your protection we recommend that you do not disclose your password to anyone. If you still choose to share your Member ID and password, you are responsible for all actions taken with your account.

5.4 Communication
Mailbag Media communicates through email or posted notices on the Site. Member agrees to respond to all communications from Mailbag Media employees within 48 hours if a response is requested. Member also agrees that they will not harass other Members when involved in a media dispute. Mailbag Media does not control the information provided by members. Some of it may be inaccurate, offensive or misleading.

5.5 Consent to receive electronic mail
Member consents to receive and open all electronic mail sent by the Mailbag Media service, including but not limited to media requests, dispute resolution requests, member updates, and schedulrd Mailbag Media newsletters.

6. FEES AND CHARGES
Fees to use the Mailbag Media services and associated products are listed on the credit purchase page of the Site. These fees are subject to change, and such changes will be posted on the Site and effective immediately. Each of the product descriptions are also subject to change. Mailbag Media may also run promotions for limited periods of time. These promotions are only available in the published periods, and are also subject to change. Unless otherwise expressly stated by Mailbag Media, all fees paid to Mailbag Media are non- refundable.

7. PRIVACY
Usage of the Site or Services, and any information submitted by Member is subject to our Privacy Policy. We do not disclose your personal information to third parties. We use your information only as described in our Privacy Policy. Members are advised to review our Privacy Policy on a regular basis.

8. TERMINATION
Member may close their account, by submitting an account cancellation request to the customer support staff. In no event shall Mailbag Media be required to refund, redeem any amounts for outstanding media or trade credits upon closing of the Member account. As indicted in the Fees and Charges section of this agreement, all media and trade credit purchases are non- refundable.

Mailbag Media reserves the right at it's sole discretion, to suspend or terminate a Members account or a Member's access to the Site or Services at any time with or without cause. Upon termination of the Member's account. Member's right to use the Services and access the Site will immediately cease, and any fees paid to date by the Member will not be refunded.

9. ACCESS TO THE MAILBAG MEDIA SERVICE
Mailbag Media has the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation and availability of any Service feature, database or content without notice and without liability. Mailbag Media shall have the right to impose limits on certain features and services, or restrict access to parts or all of the Service without notice and without liability. Mailbag Media does not warrant that the functions contained in the Service or any materials or content contained within will be uninterrupted or error free, that defects will be corrected, or that the Service is free of viruses or other harmful components. Mailbag Media shall not be responsible for any service interruptions, including, but not limited to, power outages, system shut downs, system failures or other interruptions that may affect the receipt, processing, acceptance or completion of listings and/or transactions on the Service.

10. COPYRIGHT AND TRADEMARKS
All content and software, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are the exclusive property of Mailbag Media or its content and/or software suppliers, and is protected by United States and International copyright laws. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except your information) without the prior express written permission of Mailbag Media and the appropriate third- party. All trademarks not owned by Mailbag Media are the property of their respective owners. Trademarks may not be used in connection with any product or service that is not Mailbag Media's, in any way that is likely to cause confusion among customers, or in any manner that disparages or discredits Mailbag Media. You may not use framing techniques to enclose any trademark, logo, or other proprietary information of Mailbag Media without our written consent.

11. CHANGES TO THIS AGREEMENT
Mailbag Media shall have the right to change, modify, add, or remove any portion of this Agreement. The changes will become effective and shall be deemed accepted by Member immediately upon posting of the changes. In the event that Member does not agree with any modifications. Member must terminate its account as set forth in Section 8, which shall be Member's sole and exclusive remedy.

12. WARRANTY DISCLAIMER
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. MAILBAG MEDIA MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. MAILBAG MEDIA WILL NOT BE LIABLE FOR THE PRIVACY OF EMAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT STORED ON COMPANY'S LEASED OR OWNED EQUIPMENT, TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH MEMBER USE OF THE SERVICE.

13. INDEMNITY
Member will indemnify and hold Mailbag Media, its licensees, its officers, directors, agents, subsidiaries, affiliates, joint ventures and employees harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of Member's access to the Site, use of the Services, the violation of these Terms of Use by Member, or the infringement by Member, or any third party using the Member's account, of any intellectual property or other right of any person or entity.

14. LIMITATION OF LIABILITY
MAILBAG MEDIA SHALL NOT BE RESPONSIBLE OR LIABLE TO MEMBER OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH MAILBAG MEDIA OR THE SERVICE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SERVICE OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF MAILBAG MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
IN NO EVENT SHALL MAILBAG MEDIA TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICE EXCEED THE AMOUNT OF FEES MEMBER HAS PAID TO MAILBAG MEDIA DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING ACCRUAL OF THE RESPECTIVE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

15. DISPUTE
In the event a dispute arises between Member and Mailbag Media, our goal is to provide Member with a neutral and cost effective means of resolving the dispute quickly. Before resorting to legal means, we strongly encourage Member to first contact customer support. If the local Mailbag Media owner/operator is unable to resolve the dispute. Member may contact the Mailbag Media corporate administrator via the "contact us" page at mailbagmedia.com.

16. GOVERNING LAW
This Agreement shall be governed by the laws of the State where the claim originated. The exclusive venue for any lawsuits permitted by this Agreement shall be an appropriate local State Court, or a United States District Court located in the State where the claim originated. Mailbag Media licensed owner/operators and Member hereby submit themselves to the jurisdiction of said courts, and to arbitration as otherwise provided in this Agreement.

BY CHECKING THE AGREE TO TERMS OF USE BOX ON THE MEMBERSHIP SIGN-UP PAGE. MEMBER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.