MingleBerry Calendar of Events Service Agreement

(Read Carefully Before Completing and Submitting an Event)

MINGLEBERRY PROVIDES SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR SUBMISSION OF THE APPLICATION FORM AND YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:

This Calendar of Events Service Agreement (the "Agreement") is between you and Company ("MINGLEBERRY") referred to hereafter as MINGLEBERRY throughout this agreement. Use of the Services signifies your agreement to the terms and conditions of use set forth in this Agreement.

Free Calendar of Events Service

MINGLEBERRY Calendar of Events Service grants you a non-exclusive, non-transferable, limited right to:

Submit an electronic posting of an event listing with logo/or photo in the Calendar of Events section that would be of interest to our web site visitors.

2. Content

You are solely responsible for the development, operation, and maintenance of Web Sites not created by MINGLEBERRY, which link the MINGLEBERRY site to your site, and for all materials that appear therein, including, without limitation:

(a) The accuracy and appropriateness of materials and information posted on the MINGLEBERRY site are in alignment with the vision of MINGLEBERRY.

(b) The accuracy and appropriateness of materials posted on or incorporated into your Web site.

(c) The technical operation of your Web site and all related equipment.

(d) Ensuring that materials posted on or incorporated into your site or the MINGLEBERRY site do not violate or infringe upon the rights of any third party (including, without limitation, copyrights, trademarks, trade secrets, privacy or other personal or proprietary rights)

(e) Ensuring that materials posted on or incorporated into your site or the MINGLEBERRY site is not libelous, illegal, x-rated or that which promotes racism or intolerance.

You agree that if MINGLEBERRY, in its sole discretion, deems any content made available by you to be inappropriate, unacceptable, unlawful, fraudulent, offensive, obscene or otherwise objectionable, MINGLEBERRY has the right, but not the obligation, to remove or deny access to such content. You expressly agree that MINGLEBERRY shall not be liable to you for any action MINGLEBERRY takes to remove your link, nor for any action taken to restrict access to material posted that violates any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy.

3. Proprietary Materials

Material accessible to you through the MINGLEBERRY Service may be the subject of intellectual property rights of MINGLEBERRY, including, without limitation, patents, copyrights, trademarks and trade secrets ("Marks"). You agree not to modify, alter or obfuscate our Marks or use our Marks in a manner that disparages our services, or us or portrays our services or us in a false, competitively adverse or poor light. Your unauthorized use of our Marks is strictly prohibited. Except as expressly permitted in writing by the owner of such rights, you may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material. Upon termination of this Agreement and upon written request, the party in receipt of the requesting party's intellectual or proprietary property and/or information pursuant to this Agreement shall return such information to the requesting party.

4. Prohibited Uses

You expressly agree not to use the MINGLEBERRY Service in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of third parties, impersonate MINGLEBERRY personnel or other parties or entities, transmit abusive, profane, libelous, slanderous, threatening or otherwise harassing material via e-mail, USENET, chat services bulletin boards or your Web page(s). You also agree not to use your relationship with MINGLEBERRY to

(i) Violate the security of the Service

(ii) Attempt to utilize another user's account name or persona without authorization from that user.

5. User Information

(a) You certify to MINGLEBERRY that you are not a minor, i.e., that you are at least eighteen (18) years of age; provided, however, that a minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision of the parent or guardian.

(b) You are solely responsible for all obligations specified under this Agreement, and agree that MINGLEBERRY will have no obligations with regard thereto.

(c) MINGLEBERRY reserves the right to reveal any Registration Data or other information in its possession regarding users of the Services in cooperation with a request or investigation by any governmental body or governmental agency.

6. No Expectation of Privacy

You acknowledge that MINGLEBERRY cannot ensure protection of privacy on your own Web page(s). You acknowledge that by establishing a link between you and MINGLEBERRY, no confidential, fiduciary, contractually implied or other relationship is created between you and MINGLEBERRY.

7. Warranty and Indemnification

You represent and warrant to MINGLEBERRY that you will not transmit by means of the link any materials of any kind which (i) violate, plagiarize, or infringe on the intellectual property or contractual rights of any third party; (ii) are exported in violation of any law, rule, or regulation governing exports from the United States; (iii) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; (iv) contain software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware. You further represent and warrant to MINGLEBERRY that your use of the link will at all times comply with all applicable laws, rules, and regulations. You hereby agree to indemnify, defend and hold harmless MINGLEBERRY and its employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates"), from and against any and all liability and costs incurred by the Affiliates in connection with any claim arising out of any breach by you of the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. MINGLEBERRY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of MINGLEBERRY.

8. DISCLAIMER OF WARRANTY

THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MINGLEBERRY MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, MINGLEBERRY'S NEGLIGENCE.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL MINGLEBERRY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF MINGLEBERRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MINGLEBERRY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $1,000 DOLLARS.

10. Termination

In addition to any other rights of the parties set forth herein, either you or MINGLEBERRY may terminate this Agreement at any time upon written notice.

11. Modifications to Agreement

MINGLEBERRY has the right to modify this Agreement. Any modification is effective immediately upon either a posting on the MINGLEBERRY web site (http://www.MINGLEBERRY), or upon notice by electronic mail, or U.S. mail. Your continued use of the MINGLEBERRY Service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of MINGLEBERRY in hosting your link, including, without limitation, (i) any change in the size or location of the link, or (ii) any change in the amount or type of Service Fees, is to terminate Services by delivering notice to MINGLEBERRY. Such notice will be effective upon receipt by MINGLEBERRY.

12. General

This Agreement constitutes the entire agreement between you and MINGLEBERRY with respect to the MINGLEBERRY Service and supersedes all prior agreements between you and MINGLEBERRY. Failure by MINGLEBERRY to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of California (excluding its choice of law rules). You consent to personal jurisdiction in the federal and state courts of Contra Costa County, California for any action arising out of or relating to your use of the MINGLEBERRY Service. The federal and state courts of Contra Costa County, California shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

*I understand and agree to all of the above.