Legal & Copyright Information

The agreements and resources below govern your use of Sonic Boom, Inc.'s ' MagicPhoto™ Internet services, including the www.mymagicphoto.net website.

Terms of Service

Introduction

Please read these Terms of Service ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the online services provided to you by Sonic Boom, Inc. (whether or not you register as a member) at www.mymagicphoto.net (the "Service"), in connection with the J2ME application MagicPhoto™.

By using our Service you agree to be bound by these Terms:

1. Operator

The Service is operated by Sonic Boom, Inc., a company incorporated under the laws of the State of Delaware whose principal business address is 122 West 27^th St., 7th floor, New York NY 10001 ("Sonic").

Sonic is also referred to in these Terms as "we" and "us".

2. Purpose of the Service

www.mymagicphoto.net lets users upload content for use in connection with the related mobile J2ME screensaver customization application (the "mobile J2ME application"). All users of this website acknowledge that they have already agreed to all required terms of use for the mobile J2ME application, including any and all terms required by their respective wireless carriers. Use of this website is only for delivering content into the mobile J2ME application, where such content can be further customized.

3. Eligibility

By using the Service, you represent and warrant that the Username and Password used to log into the website are yours and that such Username and Password was obtained by you upon proper registration for use of the mobile J2ME application. Your account may be deleted without warning if it is found that you are posting Prohibited Content, as further described in Paragraph 8.

4. Availability

Sonic uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Sonic. You agree that Sonic shall not be liable to you for any modification, suspension or discontinuance of the Service.

5. Privacy

We have a firm commitment to safeguarding your privacy. Please review our Privacy Policy. The terms of Sonic's privacy policy are incorporated into, and considered part of, these Terms.

6. Trademarks

All brand, product and service names used in this Service which identify Sonic or third parties and their products and services are proprietary marks of Sonic and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Sonic or any third party with respect to any such image, logo or name.

7. Copyright

Sonic owns and retains all proprietary rights in the Service. You understand and agree that Sonic may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Sonic violate this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any user. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to the Service. By posting any Content to the public areas of the Service, you hereby grant to Sonic the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content within the Service. You represent and warrant that: (i) you own the Content posted by you on the Service or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Service.

Sonic does not claim ownership rights in any image contained in your account. For the sole purpose of enabling us to display your images through the Service when you submit to our 'Community Gallery' at your election, you grant to Sonic a non-exclusive, royalty-free license to use, copy, distribute, and display that Content. Please note that when you share or post Content, you allow the recipients to share and download that Content for use as mobile screensavers.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Sonic's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Kenneth M. Engels, Sonic Boom, Inc., 122 West 27 th St., 7th floor, New York NY 10001. Telephone: 212-242-4200. Facsimile: 212-242-2852. Email: This e-mail address is being protected from spambots, you need JavaScript enabled to view it

8. Prohibited Content

The following is a partial list of the kind of Content that is illegal or prohibited within the Service. Sonic reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that: (i) is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (vii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (x) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes. You must use the Service in a manner consistent with any and all applicable laws and regulations. You may not include in your Content any telephone numbers, street addresses, last names, URLs or email addresses. You may not engage in advertising to, or solicitation of, any user of the Service to buy or sell any products or services through the Service. Information posted by other users of the Service may contain inaccurate, inappropriate or offensive material, products or services and Sonic assumes no liability or responsibility for this material.

9. Amendment of the Terms

We reserve the right to amend these Terms from time to time. If you have registered as a member, we may notify you of any material changes to these Terms by posting the modified Terms on this website. If you continue to use the Service after such modification has been posted, you will be deemed to have accepted those changes.

10. Applicable Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of New York.

11. Password

When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Sonic immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

12. Indemnity

You agree to indemnify and Sonic, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above.

13. Disclaimer of Warranty and Limitation of Liability

Sonic agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose.

THE SERVICE, , AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY US "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, SONIC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO SONIC, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, SONIC'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF SONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

This agreement is accepted upon your use of the Service. This agreement constitutes the entire agreement between you and Sonic regarding the use of the Service. The failure of Sonic to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. MagicPhoto is a trademark of Sonic Branding Solutions Inc.

Privacy Statement for Sonic Boom, Inc.

MagicPhoto lets users create their own custom screensavers with a simple image-personalization application which is downloaded to the mobile phone. MagicPhoto can create custom screensavers from scratch, as well as from digital pictures taken with the mobile phone camera, or another camera.

Sonic Boom is a leading worldwide provider of mass market wireless and internet games and entertainment applications. The Company was founded in 2003 to focus on creating and distributing highly entertaining subscription applications that merge the worlds of mobile games, music, cell phone personalization, and user-generated content communities. We are focused on developing and publishing games and applications that captivate the consumer with an emphasis on music, personalization, youth oriented content and community interactivity.

We at Sonic have a firm commitment to safeguarding the privacy of our customers. This page will inform you about our information gathering and dissemination practices for the Service.

Your Private Screensavers and Camera Photos
Sonic is committed to providing you with a safe and private environment to create your own screensavers, using your private camera photos if you like, and also to share your original screensavers with others – but only at your own election. The public area of the Service is called the ‘Gallery’. All of your screensavers are password-protected and are not visible to others unless you explicitly share them by uploading to the Gallery. To invite other users to see your screensavers, click on the "Upload to Gallery" button within the MagicPhoto mobile J2ME application and follow the instructions provided.

Your Personal Information
Sonic only uses your personal information such as your email address to conduct business with you. Your personally identifiable information will not be rented, sold or shared with any third party, except as described in this Privacy Statement or as otherwise agreed by you. Sonic may disclose information it has collected from any member of the Service and/or Content any member has made available on the Service when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Sonic or others.

We may change this Privacy Policy without notice from time to time. Please visit this page for updates and changes. Regardless of later changes or updates, Sonic will not use your information in a new way without first providing you with an opportunity to opt-out.

De-Activating Your www.mymagicphoto.net Account
If you want to de-activate your account with Sonic, please send an email to This e-mail address is being protected from spambots, you need JavaScript enabled to view it with your request.

Security
The Service has security measures in place to protect the loss, misuse and alteration of the information under our control. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online in addition to password protection. Except as otherwise stated in this Privacy Statement, access to that data is limited to authorized Sonic staff members and is further restricted by password protection mechanisms. Unauthorized entry or use, hardware or software failure, and any other factors may compromise the security of member information at any time.