Last revised: November 4, 2008

Hooked Media Group and its websites and content are whole owned trademarks of Gamook Inc. Gamook Inc is the legal party to this agreement and uses "Hooked Media Group" as a business name. In all instances in this agreement Hooked Media Group refers to the entity Gamook Inc.

1. Permission for Authorized User to Use this Website under User Agreement.
You, the Authorized User, are hereby granted revocable permission to use this website, all Intellectual Property (defined below) available through the Hooked Media Group.com domain name, and other sites owned, operated or controlled by Hooked Media Group, Inc, and its successors and assigns ("Hooked Media Group"), ("Website"), so long as you comply with all terms and conditions of use as stated in this User Agreement. By accessing or submitting Intellectual Property to this Website, you, as Authorized User, signify your agreement with these terms and conditions and Hooked Media Group's Privacy Policy at www.Hooked Media Group.com. This User Agreement applies to all users of the Website. Permission granted under this User Agreement is revocable by Hooked Media Group at any time, for any reason, with or without cause and without prior notice. Authorized User agrees to hold Hooked Media Group harmless and not pursue any claim, whether by lawsuit or otherwise, that is associated with Hooked Media Group's revocation of permission granted by this User Agreement.

2. Links and Third Party Websites.
The Website may contain links to other websites that are not owned or controlled by Hooked Media Group, and other websites may contain links, authorized or unauthorized, to the Website. Hooked Media Group is not affiliated with such other websites, has no control over, and assumes no responsibility for, the content, privacy policies, acts of cybercrime or misconduct, or other practices of any third party websites. By using the Website, Authorized User expressly releases Hooked Media Group from any and all liability arising from Authorized User's use of any third-party website, and agrees not to bring a claim, whether by lawsuit or otherwise, against Hooked Media Group based upon transactions and occurrences associated with the third-party website.

3. Scope of Authorized User's Use of Website.
Authorized User is granted permission to use the Website for User Submissions (defined below) or participation in online communities and networks which the Website directly or indirectly facilitates on condition that (i) Authorized User's use of the Website does not violate any rule, regulation, ordinance, law, or applicable contract; (ii) Authorized User's use of the Website is solely for Authorized User's personal, noncommercial use, or commercial use in connection with a Hooked Media Group Program upon obtaining the express written permission of Hooked Media Group for such commercial use through creation of a User Account (defined below); (iii) Authorized User does not copy, distribute or modify any part of the Website without Hooked Media Group's prior written authorization; (iv) Authorized User does not send unsolicited or unauthorized advertisements, spam, E-mail, or other electronic matter to or from the Website; (v) Authorized User does not transmit any electronic matter which contains viruses, harmful computer code, files or programs; (vi) Authorized User does not participate in phishing on the Website, does not use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that access the Website or other websites in an unlawful or unreasonable manner or sends more request messages to the Hooked Media Group servers than reasonably intended in normal usage, does not collect or harvest any personally identifiable information, including but not limited to account names or e-mail addresses, from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes except with prior written permission from Hooked Media Group; (vii) Authorized User does not disrupt servers or networks connected to the Website; and (iix) Authorized User does not commit other cybercrime or misconduct.

Hooked Media Group grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not for the purpose of creating caches or archives of such materials.

4. Accounts.
Upon the terms in this User Agreement and such other certain further terms and conditions as may be published from time to time, Authorized User may be provided with revocable permission to create and use an account with Hooked Media Group ("User Account"). In addition to such further terms and conditions applicable to the User Account, the following minimum conditions must be fulfilled to maintain permission to create and use the User Account: (i) Authorized User may not use any other User Account without permission of the other User Account holder; (ii) Authorized User certifies under penalty of perjury that all information provided to establish and maintain the User Account is true, accurate, and complete, that the User Account is not being used for a motive ulterior to the good faith use of the User Account in the manner in which it is intended by Hooked Media Group to be used, and that the User Account is not being used to violate any rule, regulation, ordinance, law or contract; (iii) Authorized User keeps usernames, passwords, and other unique Authorized User and User Account identifying information private and secure; and (iv) Authorized User agrees to indemnify and hold Hooked Media Group harmless from any damages resulting from Authorized User's or other person or entity's use of the User Account, and agrees not to bring a claim, whether by lawsuit or otherwise, against Hooked Media Group for transactions and occurrences associated with the User Account.

5. Non-exclusivity and Differentiation.
Hooked Media Group shall have the right to grant permission to any one or more other persons or entities to be Authorized Users, have User Accounts, or both. Authorized User's use of the Website is not exclusive. Hooked Media Group shall have the right to grant permission to use the Website and User Accounts on differing terms and conditions to different persons or entities, which may be more or less favorable than the terms and conditions under this User Agreement.

6. Intellectual Property Rights.
The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features, the trademarks, service marks, and logos contained therein, all matters copyrightable, and all matters or otherwise protectable by law ("Intellectual Property"), are owned by or licensed to Hooked Media Group.

Intellectual Property on the Website is provided to Authorized User "AS IS" for Authorized User information and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any purposes whatsoever other than as provided by this User Agreement pursuant to the Hooked Media Group Program and other policies and notices posted on the Website without Hooked Media Group's prior written consent. Hooked Media Group reserves all rights not expressly granted in and to the Website. If Authorized User downloads or prints a copy of the Intellectual Property for personal use, Authorized User must retain all copyright and other proprietary notices contained therein. Authorized User agrees not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website. Except pursuant to the Hooked Media Group Program or as provided in a separate written contract with Hooked Media Group, Authorized User shall not be an employee, independent contractor, joint venturer, partner, or agent of any kind, and shall not be entitled to compensation for any use of, or matter contributed to, the Website.

7. User Submissions and Hooked Media Group Program.
The Website facilitates the submission, downloading, publishing, and republishing of games or other Intellectual Property by Authorized User ("User Submissions") in accordance with the Hooked Media Group Program. Authorized User agrees that whether or not such User Submissions are published, Hooked Media Group does not guarantee any confidentiality with respect to any User Submissions. Hooked Media Group has complete discretion whether to accept or reject the User Submission, or to transfer any User Submission from one Hooked Media Group program to another program or portion of the Website. Authorized User may submit User Submissions to the Website pursuant to the Hooked Media Group Program.

Authorized User shall be solely responsible for Authorized User's own User Submissions and the consequences of posting or publishing them. Hooked Media Group shall not be responsible for the maintenance or storage of User Submissions and may remove User Submissions from the Website at anytime and without advance notice. Authorized User represents and warrants that: (i) Authorized User owns or has the necessary rights and permissions to use and authorize Hooked Media Group to use all Intellectual Property and to any User Submissions to enable inclusion and use thereof as contemplated by the Website and these Terms & Conditions; and (ii) Authorized User has the written consent and/or permission of each and every identifiable individual person or entity in the User Submission to use their name, likeness, or Intellectual Property, as contemplated by the Website and this User Agreement.

Except to the extent otherwise provided by this User Agreement or other contract with Hooked Media Group, Authorized User retains all of Authorized User's ownership rights in User Submissions. However, by submitting the User Submissions to Hooked Media Group, Authorized User grants Hooked Media Group, in addition to any other rights which it has pursuant to any other program established by Hooked Media Group, a worldwide, non-exclusive, transferable license to use, copy, prepare derivative works of any nature, display, and perform the User Submissions in connection with the Website and Hooked Media Group's business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof).

Authorized User grants each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use, or in accordance with the Hooked Media Group Program.

Authorized User agrees that Authorized User will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Authorized User is the owner of such rights or has permission from the rightful owner to post the User Submission and to grant Hooked Media Group all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Hooked Media Group or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, would be considered sexually explicit, adult, or mature in nature, or is otherwise inappropriate; or (iv) misidentify Authorized User in submitting the User Submission or misstate Authorized User's true identity.

Hooked Media Group does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Hooked Media Group expressly disclaims any and all liability in connection with User Submissions.

Authorized User understands that when using the Website, Authorized User will be exposed to User Submissions from a variety of sources, and that Hooked Media Group is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.

Authorized User may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and Authorized User agrees to waive, and hereby does waive, all legal and equitable rights and remedies Authorized User may have against Hooked Media Group with respect thereto, and agrees to indemnify and hold Hooked Media Group and its affiliates, and their respective members, shareholders, partners, governors, directors, officers, employees, independent contractors, agents, and licensors, harmless to the fullest extent allowed by law regarding all matters related to Authorized User use of the Website.

Authorized User acknowledges that access to certain Intellectual Property which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if Authorized User is over the minimum age applicable in Authorized User jurisdiction (often but not necessarily 18 or 21).

The Hooked Media Group Program consists of the following: (1) User Submissions may be made by uploading to the Website, or linking to, games that can be played and rated, (2) advertising communications are embedded with the game and form the basis of compensation, (3) Authorized Users creating the games ("Developers") and Authorized Users republishing the games ("Publishers") share in the advertising revenue earned and collected by Hooked Media Group on a 30%, 30%, 40%, Developer, Publisher, and Hooked Media Group, respectively, basis.

8. Intellectual Property Policy.
Hooked Media Group does not permit or assist intellectual property infringing or disparaging activities, and Hooked Media Group will remove Intellectual Property from the Website if properly notified that such Intellectual Property infringes or disparages another's intellectual property rights.

If any person or entity believes that User Submissions infringe or disparage such person's or entity's intellectual property, please provide Hooked Media Group's Designated Copyright and Intellectual Property Agent with the following information: (1) your contact information, including name, address and phone number, (2) an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property and the intellectual property owner's contact information, including name, address, and phone number, (3) a description of the intellectual property which is claimed to be infringed or disparaged, including the URL (web page address) of the location where the intellectual property exists or a copy of the intellectual property, (4) a description of where the material which is claimed to be infringing or disparaging is located on the Website, including the URL, (5) a description of the infringement or disparagement, (6) a statement by you that you have a good faith belief that the infringing or disparaging use is not authorized by the intellectual property owner, its agent, or the law, and (7) a statement by you, made under penalty of perjury, that the above information provided is accurate and that you are the owner of the intellectual property or authorized to act on behalf of the owner of the intellectual property.

Pursuant to Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

You may contact Hooked Media Group's Designated Copyright and Intellectual Property Agent for such purposes as follows:

By mail:
Hooked Media Group
539 Bryant St. Suite #305
San Francisco, CA, 94107

9. Terms of Payment.
Under the Hooked Media Group Program, Authorized Users may receive compensation for User Submissions. Hooked Media Group pays on a net 60 basis, on the 20th of the month following. For example September revenue would be paid out on December 20. Payment will be made in US Dollars, and is contingent upon the Authorized User providing Hooked Media Group with complete and accurate payment information. If Authorized User total revenue for a calendar year exceeds $600.00, per US government requirements, Authorized User is required to furnish Hooked Media Group with a completed W-9 form.

10. Warranty Disclaimer.
AUTHORIZED USER AGREES THAT AUTHORIZED USER'S USE OF THE WEBSITE SHALL BE AT AUTHORIZED USER'S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HOOKED MEDIA GROUP AND ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, PARTNERS, GOVERNORS, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, AND LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND AUTHORIZED USER USE THEREOF.

MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE TRUTH, ACCURACY, OR COMPLETENESS OF THE INTELLECTUAL PROPERTY ON THE WEBSITE AND ASSUMES NO LIABILITY FOR ANY (I) FALSEHOODS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM AUTHORIZED USER USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF HOOKED MEDIA GROUP'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY INTELLECTUAL PROPERTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INTELLECTUAL PROPERTY ON OR VIA THE WEBSITE. HOOKED MEDIA GROUP DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY INTELLECTUAL PROPERTY, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND HOOKED MEDIA GROUP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN AUTHORIZED USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

11. Limitation of Liability.
IN NO EVENT SHALL HOOKED MEDIA GROUP AND ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, SHAREHOLDERS, PARTNERS, GOVERNORS, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, AND LICENSORS, BE LIABLE TO AUTHORIZED USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) INTELLECTUAL PROPERTY, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM AUTHORIZED USER USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF THE WEBSITE OR HOOKED MEDIA GROUP'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY INTELLECTUAL PROPERTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF AUTHORIZED USER USE OF ANY INTELLECTUAL PROPERTY ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOOKED MEDIA GROUP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

AUTHORIZED USER SPECIFICALLY ACKNOWLEDGE THAT HOOKED MEDIA GROUP SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF AUTHORIZED USER OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH AUTHORIZED USER.

12. Indemnity and Hold Harmless.
Authorized User agrees to defend, indemnify, hold harmless, and not bring a claim against, whether by lawsuit or otherwise, Hooked Media Group and its affiliates, and their respective members, shareholders, partners, governors, directors, officers, employees, independent contractors, agents, and licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) Authorized User's use of the Website; (ii) Authorized User's violation of this User Agreement; and (iii) Authorized User's violation of any rule, regulation, ordinance, law, or contract. The terms of this shall survive termination of the use of the Website, use of the User Account, and this User Agreement.

13. Ability to Accept Terms & Conditions.
Authorized User affirms under penalty of perjury that Authorized User is at least the age of majority, at least the age required to have capacity to contract, and at least the age required to use the Website in the way in which Authorized User intends to use, and uses, the Website, and otherwise has capacity to contract, based upon the law of the governing jurisdiction, or is the legal representative of Authorized User with full power, authority, and capacity under law to permit the Authorized User to use the Website in the way in which Authorized User intends to use, and uses, the Website. Authorized User affirms that Authorized User is over the age of 13, as the Website is not intended for children under the age of 13.

14. Assignment.
The terms and conditions of this User Agreement, and any rights or duties under the User Agreement, may not be transferred, assigned, or delegated by Authorized User, but may be transferred, assigned, or delegated by Hooked Media Group without restriction.

15. General.
Authorized User agrees that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Hooked Media Group in jurisdictions other than the State of California. Authorized User hereby consents to the personal jurisdiction of the state and federal courts of the State of California, agrees that resolving all disputes in California is convenient and appropriate, and agrees to execute all stipulations reasonably related to submitting to the personal jurisdiction of the State of California and using California as the venue for resolving all disputes. This User Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between Authorized User and Hooked Media Group that arises in whole or in part from the Website, the User Agreement, the User Account, or any other contract between Hooked Media Group and Authorized User shall be decided exclusively by a federal or state court located in California. This User Agreement, together with the Privacy Policy at www.Hooked Media Group.com, any other legal notices and policies published by Hooked Media Group on the Website, and other written agreements between Hooked Media Group and Authorized User, shall constitute the entire agreement between Authorized User and Hooked Media Group concerning the Website. If any provision of this User Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this User Agreement, which shall remain in full force and effect. No waiver of any term of this User Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this User Agreement shall not constitute a waiver of such right or provision. Hooked Media Group reserves the right to amend this User Agreement at any time and without notice, and it is Authorized User's responsibility to review this User Agreement regularly for any changes. Authorized User's use of the Website following any amendment of this User Agreement will signify Authorized User's assent to and acceptance of its revised terms. AUTHORIZED USER AND HOOKED MEDIA GROUP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HOOKED MEDIA GROUP WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. Remedies.
Hooked Media Group shall have all remedies available at law, equity, and by contract to pursue in the event of a breach by Authorized User of this User Agreement or breach of any other contract between Hooked Media Group and Authorized User. All remedies shall be cumulative, need not be pursued at the same time or together, and may be pursued at any time and individually.

© 2010 Hooked Media Group Inc. All Rights Reserved.