Simply Smartphones, Inc. (“Simply Smartphones” or “we”) operates BerrySocial.com, which is a social networking platform that allows members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by BerrySocial include any BerrySocial-branded URL (the "BerrySocial Website"), BerrySocial messaging services (including, without limitation, instant messaging, private messaging, and email services), and any other features, content, or applications offered from time to time by BerrySocial in connection with BerrySocial’s business (collectively, the "BerrySocial Services"). The BerrySocial Services are hosted in the United States.

This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the BerrySocial Services. By accessing and/or using the BerrySocial  Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the BerrySocial Services, including, without limitation, through a mobile or other wireless device, or otherwise use the BerrySocial Services without being registered) or you are a "Member" (which means that you have registered with BerrySocial). The term "User" refers to a Visitor or a Member. You are authorized to use the BerrySocial Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the BerrySocial Services, you must indicate your acceptance of this Agreement during the registration process.

BerrySocial reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the BerrySocial Services. All material modifications will apply prospectively only. Your continued use of the BerrySocial Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the BerrySocial Services immediately. 

1. Eligibility. Use of the BerrySocial Services and registration to be a Member for the BerrySocial Services (“Membership”) is void where prohibited. By using the BerrySocial Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the BerrySocial Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the BerrySocial Services or are a Member. BerrySocial may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, BerrySocial reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the BerrySocial Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, BerrySocial reserves the right, in its sole discretion, to reassign or rename your profile URL. BerrySocial expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the BerrySocial Services if BerrySocial determines, in its sole discretion, that you have violated this Agreement or pose a threat to BerrySocial , its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-18.

3. Fees. You acknowledge that BerrySocial reserves the right to charge for any portion of the BerrySocial Services and to change its fees (if any) from time to time in its discretion. If BerrySocial terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify BerrySocial immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Use by Members. The BerrySocial Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by BerrySocial . BerrySocial reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the BerrySocial Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the BerrySocial Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. BerrySocial reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the BerrySocial Services.

6. Proprietary Rights in Content on BerrySocial.

6.1 BerrySocial does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the BerrySocial Services. After posting your Content on, through or in connection with the BerrySocial Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the BerrySocial Services, you hereby grant to BerrySocial a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the BerrySocial BerrySocial Services, including, without limitation, through the BerrySocial Services to applications, widgets, websites or mobile, desktop or other services which are linked with your BerrySocial account (collectively, “Linked Services”), including, without limitation, distributing part or all of the BerrySocial Services and any Content included therein, in any media formats and through any media channels, except that Content marked “private” will not be distributed by BerrySocial outside the BerrySocial Services and Linked Services. This limited license does not grant BerrySocial the right to sell or otherwise distribute your Content outside of the BerrySocial Services or Linked Services. After you remove your Content from the BerrySocial Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside of the BerrySocial Services, you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside of the BerrySocial Services as soon as practicable after you make the change. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the BerrySocial Services, BerrySocial is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.

6.2 The license you grant to BerrySocial is non-exclusive (meaning you are free to license your Content to anyone else in addition to BerrySocial ), fully-paid and royalty-free (meaning that BerrySocial is not required to pay you or anyone else deriving rights from you for the use on the BerrySocial Services of the Content that you post), sublicensable (so that BerrySocial is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the BerrySocial Services), and worldwide (because the Internet and the BerrySocial Services are global in reach).

6.3 You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the BerrySocial Services, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the BerrySocial Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the BerrySocial Services and/or Linked Services.

6.4 The BerrySocial Services contain Content of BerrySocial ("BerrySocial Content"). BerrySocial Content is protected by copyright, trademark,and other laws, and BerrySocial owns and retains all rights in the BerrySocial Content and the BerrySocial Services. BerrySocial hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the BerrySocial Content (excluding any software code) solely for your personal use in connection with viewing the BerrySocial Website and using the BerrySocial Services.

6.5 The BerrySocial Services contain Content of Users and other BerrySocial licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the BerrySocial Services.

6.6 BerrySocial performs technical functions necessary to offer the BerrySocial Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the BerrySocial Services. In addition, you agree and acknowledge that BerrySocial may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the BerrySocial Services. You can control what type of communications you receive from the BerrySocial Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails.

6.7 BerrySocial reserves the right to limit the storage capacity of Content that you post on, through or in connection with the BerrySocial BerrySocial Services.

7. Content Posted.
Please choose carefully the information that you post on, through or in connection with the BerrySocial Services and that you provide to other Users. Your BerrySocial profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other BerrySocial Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and BerrySocial assumes no responsibility or liability for this material. If you become aware of misuse of the BerrySocial Services by any person or Linked Service, please click on the "Contact Us” or the “Report Abuse” link at the top of the BerrySocial Website pages.

7.1 BerrySocial may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of BerrySocial violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. BerrySocial assumes no responsibility for monitoring the BerrySocial Services for inappropriate Content or conduct. If at any time BerrySocial BerrySocial chooses, in its sole discretion, to monitor the BerrySocial Services, BerrySocial nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

7.2 You are solely responsible for the Content that you post on, through or in connection with any of the BerrySocial Services, and any material or information that you transmit to other Members and for your interactions with other Users.

8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the BerrySocial Services. BerrySocial reserves the right to investigate and take appropriate legal action against anyone who, in BerrySocial 's sole discretion, violates this provision, including, without limitation, removing the offending Content from the BerrySocial Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of BerrySocial :

8.1 is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;

8.2 harasses or advocates harassment of another person;

8.3 exploits people in a sexual or violent manner;

8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

8.5 solicits or is designed to solicit personal information from anyone under 18;

8.6 publicly posts information that poses or creates a privacy or security risk to any person;

8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8.8 constitutes or 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 manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

8.12 solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;

8.13 involves commercial activities and/or sales without prior written consent from BerrySocial such as contests, sweepstakes, barter, advertising, or pyramid schemes;

8.14 includes a photograph or video of another person that you have posted without that person's consent;

8.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or

8.16 violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

The following are examples of the kind of activity that is illegal or prohibited on the BerrySocial Website and through your use of the BerrySocial Services. BerrySocial reserves the right to investigate and take appropriate legal action against anyone who, in BerrySocial 's sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to:

8.17 criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sendingof viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the BerrySocial BerrySocial Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, BerrySocial reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which BerrySocial deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the BerrySocial Services, you acknowledge that you will have caused substantial harm to BerrySocial , but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay BerrySocial $50 for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorized commercial communication you send through the BerrySocial Services;

8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the BerrySocial Services;

8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

8.21 modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the BerrySocial Services other than your Content which you legally post on, through or in connection with the BerrySocial Services;

8.22 providing or using “tracking” or monitoring functionality in connection with the BerrySocial Services, including, without limitation, to identify other Users’ views, actions or other activities on the BerrySocial Services;

8.23 covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any BerrySocial page via HTML/CSS or any other means;

8.24 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;

8.25 interfering with, disrupting, or creating an undue burden on the BerrySocial Services or the networks or services connected to the BerrySocial Services;

8.26 impersonating or attempting to impersonate BerrySocial or a BerrySocial employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);

8.27 for band, comedy, filmmaker and other profiles containing a BerrySocial player, copying the code for your BerrySocial Player and embedding it (or directing others to embed it) anywhere other than in your band profile on BerrySocial ;

8.28 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

8.29 selling or otherwise transferring your profile, your email address or URL;

8.30 using or distributing any information obtained from the BerrySocial Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

8.31 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the BerrySocial Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by BerrySocial , posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose;

8.32 relaying email from a third party's mail servers without the permission of that third party;

8.33 using invalid or forged headers to disguise the origin of any Content transmitted to or through Be