SHARPCARDS LIMITED ('Sharpcards') HAS DESIGNED THIS SITE FOR YOUR FUN AND ENJOYMENT. PLEASE EMAIL US INFO@SHARPCARDS.NET WITHOUT HESITATION SHOULD YOU HAVE ANY QUESTIONS REGARDING ANY ASPECT OF OUR SERVICE. PLEASE SEE BELOW FOR OUR FULL TERMS AND CONDITIONS IN MORE DETAIL: BEFORE YOU USE OUR SERVICE, YOU MUST READ THESE TERMS AND CONDITIONS ('TERMS') CAREFULLY. BY USING OUR SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICE.

1. Description of Services

SHARPCARDS provides downloadable mobile entertainment content and content that you can send, in particular mobile greetings through its on-line (World Wide Web) and SMS (Short Message Service) services to certain compatible mobile devices (the 'Service'). The Service may also include access to products and services of independent third parties. After payment, you will be permitted to download or send certain Products through the Service to compatible mobile phones and other compatible devices.

2. Access to the Service

(a) Access to the Service. IN ORDER TO USE THE SERVICE YOU (1) MUST BE AT LEAST 16 YEARS OF AGE AND HAVE THE CONSENT OF THE SUBSCRIBER OF THE MOBILE SERVICE TO USE THE SERVICE ON THEIR BEHALF AND (2) AGREE ON BEHALF OF THE SUBSCRIBER AND YOURSELF TO BE BOUND BY THESE TERMS. You agree that each person who requests such Service is your agent with full authority to act on your behalf with respect to such Service. The contract is void where prohibited. In order to use the Service, you must also have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Sharpcards makes the Service available, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Sharpcards' operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Sharpcards shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

(b) Contracts for our Service. SHARPCARDS is offering its Service as individual downloads or messages or as a bundle of credits for a defined number of individual downloads or messages. Unless otherwise expressly indicated, no information presented in the Service or in connection with any products and services shall be deemed as a binding offer by SHARPCARDS, but as an invitation for you to order. The contract is between you and SHARPCARDS and shall begin when SHARPCARDS, upon your request, has provided you with access to the Service (such access may be based on a personal username and password generated for that purpose or on other data that SHARPCARDS deems sufficient for your identification). Access to the Service can be provided by delivering to you downloadable mobile entertainment content of the content category you subscribed to (e.g. by delivering a mobile greeting via SMS) or by providing access to the mobile entertainment content (e.g. by enabling MSISDN for this product).

The provision of credits and the making available of the possibility to download, receive and/or access mobile entertainment content is offered for a flat fee. The number of credits for downloads shall be reduced by actual downloaded mobile entertainment content, in other words the download of mobile entertainment content is evaluated as redemption of one or more credits and thereby reduces the total number of downloadable mobile entertainment content you are entitled to download, receive and/or access. Credits can only be used to download mobile entertainment content offered by SHARPCARDS.

If you purchased your SHARPCARDS product in a store or directly from SHARPCARDS or a third party, the contract shall be deemed concluded at the time of the purchase of the product.

(c) Responsibility for the Use of the Service. You are fully responsible for all activities that occur under your password or account or through your Access to our Service. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to notify SHARPCARDS immediately in case you become aware of or suspect unauthorized use of your password or account or any other breach of security, and to ensure that you log out of your account at the end of each session. SHARPCARDS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you will not use the Service for any commercial purposes.

(d) Registration and Registration Data. Upon your request for credits, SHARPCARDS may register you as a user and provide you with access to the Service by allocating you a personal username and password. SHARPCARDS may need to change usernames allocated to certain aspects of its Services and reserves the right to do so (you will be informed if this is necessary). The same procedure may apply to products and services made available through the Service. You are solely responsible for maintaining the confidentiality of any possible password and account. In exchange for your use of the Service (in addition to the payment of applicable fees) you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form ('Registration Data') and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If SHARPCARDS has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, SHARPCARDS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Prior to any such withdrawal SHARPCARDS shall temporarily withdraw the Service and notify you of the grounds on which the Service has been withdrawn. If the position has not been rectified within 14 working days of the notice such withdrawal will be made permanent.

(e) Access without Registration. SHARPCARDS will provide you with access to some Services without you registering as a user. In that case your identification is based on other means of identification that SHARPCARDS deems appropriate. Identification is typically based on data identifying your Subscription, such as your mobile phone number. You agree that such information may be collected and disclosed to SHARPCARDS and used in accordance with Section 3.

(f) Assignment. You may not assign or transfer in any other way the contract or any of your contractual rights. SHARPCARDS shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favorable to you than those in these TERMS. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.

(g) License to Download(s). You acknowledge and agree that the Download(s) made available as part of the Service are owned by Sharpcards, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. Sharpcards hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download and use the Download(s) or messages and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement.

(h) Interruptions or Discontinuation of Service. SHARPCARDS may suspend the Service for repair, maintenance, and/or upgrade work. In such event, SHARPCARDS shall make reasonable efforts to keep the said interruption as brief as is reasonably possible with as little inconvenience to you as is reasonably possible. SHARPCARDS reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves. If a service is or the Services are to be permanently discontinued by SHARPCARDS it will notify you of this fact and reimburse any pre-paid fees.

(i) Contracts for Products and Services of Third Parties. The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, SHARPCARDS shall indicate the products and services as third party content. Even though they may be co-branded with SHARPCARDS and therefore include SHARPCARDS' trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. SHARPCARDS SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THRID PARTIES.

3. Privacy

SHARPCARDS WILL NOT PASS ON YOUR INFORMATION TO ANY OTHER COMPANY FOR FINANCIAL GAIN OR OTHERWISE OTHER THAN AS DESCRIBED HERE. You acknowledge that SHARPCARDS collects and processes 'personal information'(i.e. information that could be used to contact you, such as full name, postal address, phone number or e-mail address), 'financial information' (i.e. credit card numbers, bank account information or passwords) or 'demographic and usage information' (i.e. information that you submit, or that we collect, that is neither personal information nor financial information but necessary for the proper functioning and billing of our service, such as date regarding the start and end and the extent of your usage of the service), subject to the rest of this paragraph in order to operate this site. We may pass on your personal information to your mobile phone service provider to secure collection of fees. Further, we may pass on your information to governmental agencies, including but not limited to courts and district attorneys' offices, for legal proceedings and the prevention of crimes. Personal information collected by SHARPCARDS may be stored and processed in the UK or any other country in which SHARPCARDS or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. Your personal information, financial and demographic information will be deleted no later than six months after termination of your subscription. SHARPCARDS may store your information beyond this date if that is required by law or contract.

4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

YOU UNDERSTAND THAT YOUR USE OF THE SERVICE AND THE DOWNLOAD OF CONTENT IS AT YOUR OWN SOLE RISK AND THAT YOU MUST COMPLY WITH THE INSTRUCTIONS GIVEN BY SHARPCARDS.

Except in jurisdictions where such provisions are restricted, You agree that SHARPCARDS' entire liability to you or any third person, and your or any third persons? exclusive remedy, in law, in equity, or otherwise, with respect to the service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s) during the term of this Agreement. Except in jurisdictions where such provisions are restricted, Sharpcards, its licensors and contractors (including any third parties providing all or part of the services) shall not be liable for any indirect, incidental, special or consequential damages Even if Sharpcards has been advised of the possibility of such damages, to the extent that a country does not permit the exclusion or limitation of liability as set forth herein, SHARPCARDS' liability is limited to the extent permitted by law in such Country.

5. Indemnification

You agree to indemnify and hold SHARPCARDS, its parent Sharpcards, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.

6. Intellectual Property Rights

Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ('Sharpcards Intellectual Property Rights') are owned by Sharpcards or its licensors, and you agree to make no claim of interest in or ownership of any such Sharpcards Intellectual Property Rights. You acknowledge that no title to the Sharpcards Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement. Celebrity look-alikes and sounds are performed by impressionists. They do not carry the approval or endorsement of the celebrity involved or any broadcasting institution.

7. Charges

(a) Fees. The fees are available at SHARPCARDS' web site. You shall pay SHARPCARDS for the Services and the use thereof in accordance with the price lists in force at the time of your order. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you and your mobile operator. Where applicable, the charges can also be paid by using credits, with your credit card, by bank transfer or through your user account. The different payment methods are specified during the order process for the product you chose. SHARPCARDS may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with said third party. Such charges shall be invoiced in accordance with the fees of such third parties.

(b) Fee Changes. All fees, including fees for existing subscription contracts, are subject to change upon notice from SHARPCARDS. SHARPCARDS will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription and/or your account effective immediately upon termination.

8. Termination of Services

You agree that SHARPCARDS, at its sole discretion, may at any time terminate your use of the Service or individual services provided via the Services and remove and discard any content within such services, if SHARPCARDS believes that you have violated or acted inconsistently with these TERMS. You agree that upon termination of your access to the Service under any provision of these TERMS, SHARPCARDS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SHARPCARDS shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or subscription for any reason, SHARPCARDS will not refund any of your fees paid to date, except as provided in provision 2 of these TERMS.

CUSTOMERS IN THE EUROPEAN UNION ALSO HAVE THE STATUTORY RIGHT TO WITHDRAW FROM THE CONTRACT WITHIN 7 WORKING DAYS AFTER THE EFFECTIVE DATE OF THE AGREEMENT ('WITHDRAWAL PERIOD'), PROVIDED, HOWEVER, THAT YOUR RIGHT TO WITHDRAWAL IMMEDIATELY TERMINATES IF YOUR FIRST USE OF THE SERVICE OCCURS BEFORE THE END OF THE WITHDRAWAL PERIOD. TO WITHDRAW FROM THE AGREEMENT WITHIN THE WITHDRAWAL PERIOD, SEND A TERMINATION NOTIFICATION VIA E-MAIL TO INFO@SHARPCARDS.NET OR VIA POSTAL MAIL TO SHARPCARDS LTD, ADDRESS: 304 WESTBOURNE STUDIOS, LONDON, W10 5JJ, UK, WHICH COMMUNICATION MUST CLEARLY STATE YOUR NAME, ADDRESS AND PHONE NUMBER, AND BE POSTMARKED WITHIN THE WITHDRAWAL PERIOD.

9. Miscellaneous Provisions

(a) Notices and Announcements. Except as expressly provided otherwise herein, all notices to Sharpcards shall be in writing and delivered to the following address:

SHARPCARDS LTD, ADDRESS: 304 WESTBOURNE STUDIOS, LONDON, W10 5JJ, UK

SHARPCARDS shall serve notices related to this contract by posting them on the SHARPCARDS web site or by sending them to the postal address or e-mail address you have given to SHARPCARDS or as a text message to your mobile phone number. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the SHARPCARDS Web site or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

(b) Changes of TERMS. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY SHARPCARDS AT ANY TIME, WHICH CHANGES SHALL BE EFFECTIVE UPON POSTING SUCH CHANGES TO THE WEBSITE. ANY USE OF THE SERVICE AFTER SUCH POSTING SHALL CONSTITUTE ACCEPTANCE OF SUCH CHANGES BY YOU.

(c) Other terms, entire agreement. These TERMS are in addition to any SHARPCARDS or third party terms and conditions applicable to products and services, which may be posted in connection with such products and services ('Specific Terms'). In case of any discrepancy between the TERMS and such Specific Terms, the latter shall prevail. These TERMS and any other terms or documents referred to herein represent your entire agreement with SHARPCARDS with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.

(d) Severability. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

(e) Waiver. SHARPCARDS' failure to pursue any available claim or defence pursuant to this Agreement or otherwise will not be a waiver of such claim or defence. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

(f) Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

(g) Survival. In the event this Agreement terminates as provided herein, Sections 2(c)(h), 4, 5, 6 and 9 of these TERMS shall survive such expiration or termination.

(h) Governing Law and Jurisdiction. This Agreement and your use of the Website and Service shall be governed and construed in accordance with the laws of the United Kingdom. You further agree that for any matter arising out of or pertaining to this Agreement venue shall be proper in courts and legal tribunals located in London, UK.

This is a service of SHARPCARDS LTD, ADDRESS: 304 WESTBOURNE STUDIOS, LONDON, W10 5JJ, UK