THESE Terms and Conditions MAY BE TERMINATED AT ANY TIME BY UNINSTALLING THE MINI-PLAYER/MINI-BOOK FROM THE COMPUTER ON WHICH IT RESIDES USING THE ADD/REMOVE PROGRAMS MENU IN THE MICROSOFT(r) WINDOWS(r) CONTROL PANEL, AND DESTROYING ANY OTHER COPIES OF THE MINI-PLAYER.

The MINI-PLAYER/MINI-BOOK Privacy Statement and End User License Agreement ("Terms and Conditions")

The Gadget Factory PTY LTD through its' "Mini-Player/Mini-Book" software "("MP"), provides personal computer users with a software program, produced using Digital DM technology, that presents general and selectable content, in patent pending, irregular shaped windows that look like books, magazines, catalogs, pamphlets and other irregular shaped computer windows ("mini-products"). The MP and mini-products within the MP, are made possible by revenues derived from sponsors of these mini-products and over a few months of using the MP, the user, in return for viewing and responding to the sponsors, be able to select and receive hundreds of dollars worth of content, that is currently sold on the internet, for free. Downloading and installing this sponsored software application requires acceptance of these Terms and Conditions, which then delivers the mini-products and as well as other software and sponsorship messages. ("Sponsorships").

The MP includes a user side (client-side) technology that stores the preferences of computer users based on their selections and their subsequent mini-product usage. The MP transmits preference and usage information to the MP web servers for mini-product delivery purposes, but completely anonymously, without tracking the IP address, thus insuring complete anonymity for the user. Unless otherwise specified, these Terms and Conditions apply to the MP and do not apply to MP third party software distributors. Any Third-party related software is governed by that third-party's legal agreements.

MP may change these Terms and Conditions from time to time, but will notify the user if they do, via desktop message and shall give the user the option to discontinue use of the MP by uninstalling the MP as described above.

Privacy Statement:

You are completely anonymous - the MP software cannot verify who you are ...

MP does not know the identity of MP users. We do not transmit to our servers personally identifiable information like email addresses, last name, street addresses, or phone numbers. Nor do we have any other sensitive or personal financial information, such as credit card numbers, login IDs, passwords or bank account numbers. Any such information that in the future may be entered into any updated MP software application, will remain on the personal computer upon which it was entered, and will not be sent to our servers.

Here's what we do know...

While we don't know the identity of MP Software users, the MP client side technology and the MP server technology could in the future, anonymously collect and use the following kinds of information:

Some of the Mini-products viewed
Response to the Mini-products viewed
Standard web log information (excluding IP Addresses) and system settings
What software is on the personal computer
Any demographic information you may provide at your choice like First name, Country, and ZIP code
Non-personally identifiable information on Web pages and forms
MP usage characteristics and preferences

We associate such information with a particular personal computer through a randomly generated Anonymous ID number and use it to accomplish the following:

· Enable the functionality provided in the MP (for example, to offer mini-products like mini-books, mini-magazines, mini-stuff etc. according to user selections)
· Select and deliver installation files for optional new software applications
· Deliver sponsorships to a computer screen on behalf of sponsors

Any information provided to any MP employees or contractors, such as our technical support department, may be stored on our servers in archives of our support and customer service communications. This information, however, will not be associated with the information we may store and use listed above.

We share anonymous aggregate information about what mini-products users view on the MP. For example, we might tell a publisher that we have 50,000 users who want to read Romance mini-books or 20,000 users who like R&B Music. We will not and do disclose information associated with any individual user to anyone, unless legally obliged to do so.

We sometimes use third party contractors who may be given access to any information we have, so they may perform tasks that might otherwise be done by our employees. These contractors, however, have no rights to use such information for purposes other than those described herein; and they are subject to the same restrictions as our employees. In the event that the MP merges with another company, transfers or sells substantially all of its assets or capital stock to a third party, all collected information would be included in the merger, transfer or sale and that company would be bound by these Terms and Conditions just as we are bound today.

If legally required to do so, we will disclose to a third party any information we have.

Distribution of the MP, the MP server, mini-products and sponsorships.

The MP comes with the MP mini-product server. The distribution of the MP may occur in several different ways including: a) by downloading software from a Web site; b) by clicking to download software from e-mail or internet; and c) through trial programs in which the MP is included as an "opt-out" option with other software products one might choose to download.

Delivery of MP mini-products and sponsorships

Mini-products and sponsorships will be delivered to a computer's screen or storage media if one or more MP programs reside on that computer. To stop receiving Advertisements, one must uninstall all of the MP applications residing on the computer using the Add/Remove Programs menu in the Microsoft Windows control panel.

We deliver mini-products and sponsorships to computer screens in a variety of ways. Some mini-products and sponsorships offer user preference settings that allow consumers to control some aspects of the delivery of the mini-products and sponsorships. The mini-products and sponsorships delivery vehicles, will include the following:

Mini-books - rich multi-media windows that look like books
Mini-magazines - rich multi-media windows that look like magazines
Mini-cards - rich multi-media windows that look like cards
Mini-stuff - rich multi-media windows that can look like anything (any shape and size)
Mini-browsers - rich multi-media windows with enhanced search capability
Mini-catalogs - rich multi-media windows that look and function as catalogs
Mini-programs - rich multi-media windows that include the ability to install programs
Mini-search engines - rich multi-media windows that look like search boxes
Mini-pamphlets - rich multi-media windows that look like pamphlets and brochures
Mini-games - rich multi-media windows that have an embedded multi-media game
Mini-shortcuts - may be placed on the computer that link to other products and web pages.

How the MP and MP server works...

When running on a computer, the MP regularly communicates with MP servers, and in some cases, third party servers, among other reasons, to: - maintain/update the MP or the MP Server;
- facilitate installing and uninstalling the MP or MP Server;
- retrieve mini-products and sponsorships for display;
- facilitate various MP or MP Server features;
- collect computer user usage information in an anonymous manner; and/or update user information.

To introduce new software applications (mini-programs) and services, we may occasionally download an installation file. After the installation file has completely downloaded, we will display a message to ask the computer user if they wish to install the new software application. Upon acceptance, the new software application or service will be installed. Periodically, the MP Server will automatically delete installation files for declined software applications.

To improve the features or functions of the MP Server, or the MP or third-party Software, we may occasionally install technologies, such as certain rich media player applications, browser plugins, virtual machines, and runtime environments (collectively "Enabling Technologies"). For example, these Enabling Technologies may be used to deliver audio and visual effects such as animation, video and sound, or to provide enhanced services such as video streaming. In the event that we install on a computer Enabling Technologies developed by a third party, that third party's privacy statement for those Enabling Technologies will be at least as protective of privacy as MP 's Privacy Statement; otherwise we will display to the computer screen a notification message describing the technology we installed with a link or reference to the applicable privacy statement, or utilize a click-through agreement to obtain user consent, as appropriate.

Note that soon after you have uninstalled the MP, any Enabling Technologies or mini-programs or third party software that were previously installed (such as browser plug-ins and audio/video players) will remain on the computer, because other programs may rely on these Enabling Technologies to function correctly.

Cookies, Selections and Preferences

The MP may at some stage in the future use cookies, the selections and preferences data, for the following purposes: - To identify the business associate that was responsible for introducing the MP, so that we can pay that business associate a fee;
- To identify the MP on the computer; and/or
- To limit how often we display certain mini-products and sponsorships

In order to enable certain third parties to display targeted mini-products and sponsorships on our behalf, the MP may read cookie information that those third parties stored on the computer. That information may be sent to our servers so that we can include it in our mini-product or sponsorship display requests, that we send to those third parties. Please note that when any third party service providers, such as ad serving companies, set and access cookies at our request, they do so in accordance with their own privacy statements.

Users can at anytime choose to un-check any of their selections within the MP, thus restricting the delivery of mini-products only to those selected, plus the few mini-products, that are offered to all users of the MP.

Optional Surveys:

From time to time, we may display a MP survey, inviting users to participate in a survey. A survey panel is a group of people that meet a certain criteria that are periodically asked for their opinions. Participation in a survey panel is completely voluntary and optional and is usually rewarded with a completely free mini-product, not generally available to other users for free.

Eligibility for joining taking a survey may require a person to answer demographic "screening" questions such as gender, age, employment status, income range, educational level, head of household, the number of people in their family, and/or whether they own or rent their home. Answers to these screening questions and/or to the Feedback Research survey questions will be stored in the MP and possibly on the MP server but in both cases, completely anonymously, and collated information on these surveys may be provided to our third party contractors and clients. Answers to both screening questions and survey questions may be associated with an Anonymous ID, but not with a user's identity which remains unknown to the MP.

Finally, surveys may offer users the opportunity to provide an email address in order to enter a sweepstakes. The sole purpose of collecting this email is to contact them if they win. To ensure their privacy, any email addresses provided in the survey are sent directly to a third party contractors' servers to ensure they are stored separate from, and cannot be associated in any way with, Anonymous IDs or the answers to the survey questions.

Changes to our Privacy Statement and End User License Agreement If these Terms and Conditions change in the future, we will not, collect, use, or store any personally identifiable information without first obtaining permission. As we issue subsequent revisions to these Terms and Conditions that do not involve personally identifiable information, we will provide notice by displaying an online message.

For support questions contact us at support@mini-player.com. For specific questions regarding the specific terms of these Terms and Conditions, contact us at privacy@mini-player.com

End User License Agreement ("Agreement"):

Terms defined in the MP Privacy Statement used in this Agreement will retain the definition provided in the MP Privacy Statement. The MP, MP Server and all mini-products and sponsorships shall be collectively referred to as "Licensed Materials." Licensed Materials, any Web sites owned and operated by MP, and any content available therefore shall be collectively referred to as "MP Supplied Materials."

Ownership; All users of this Computer are bound. You represent and warrant that you are the owner of the computer that you have authorized the download and installation of the MP, MP Server and all mini-products and sponsorships, or the owner of the computer has authorized you to do so. You agree, with respect to all other users of the computer that you have caused the MP, MP Server and all mini-products and sponsorships, to reside, to (i) provide a copy of the MP Privacy Statement and End User License Agreement; and (ii) to obtain their consent to same before allowing them to use the computer to view Web sites on the Internet. Also, you agree not to use the MP, MP Server and all mini-products and sponsorships, in a manner prohibited by law, or in violation of any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in your use of the MP, MP Server and all mini-products and sponsorships.

Access and Interference. You agree that you will not use, or encourage others to use, any unauthorized means for the removal of the MP, MP Server and all mini-products and sponsorships, from a computer. You also agree that you will not use, or encourage others to use, any robot, spider, other automatic or non-automatic manual device or process intended to interfere or attempt to interfere with the proper working of any the MP, MP Server and all mini-products and sponsorships. You agree not to use any means to avoid the delivery of any sponsorships from the MP, while retaining the ability to use any MP Software.

Voluntary Software and Right to Uninstall. You understand that the MP, MP Server and all mini-products and sponsorships, are voluntary software programs and services and you may uninstall any of them at any time by using the Microsoft(r) Windows(r) Add/Remove Programs menu in your Microsoft Windows control panel. Please note that uninstalling the MP does not uninstall any Enhancement Technologies.

Termination. These Terms and Conditions may be terminated at any time, by any user, by uninstalling the MP from the computer using the Add/Remove Programs menu in your Microsoft(r) Windows(r) control panel, and destroying any other copies of any the MP, MP Server and all mini-products and sponsorships, you may have on your computer.

Links. MP Supplied Materials and MP mini-products and sponsorships that are displayed on a computer's screen may contain links to web sites operated by other parties. The linked web sites are not under the control of MP, and MP is not responsible for the content available on any other Internet sites so linked. Unless otherwise stated, such links do not imply MP's endorsement of material on any other web site. Access to any other Internet sites linked as herein described is at the users own risk.

Unless otherwise set forth in a written agreement between you and MP, you must adhere to MP's linking statement as follows: (i) any link to MP's Web Site must be a text only link clearly marked "MP Web Site," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with MP's names and trademarks, (iii) the link must "point" to the URL http://www.mini-player.com and not to other pages within MP Web Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with MP, (v) when selected by a user, the link must display MP Web Site on full-screen and not within a "frame" on the linking web site, and (vi) MP reserves the right to revoke its consent to the link at any time and in its sole discretion.

Scope of License. MP grants a non-exclusive, limited license, pursuant to the terms hereof, to (a) install and use the most current versions of Licensed Materials solely for the purpose of accessing and using MP Software available through our Web site or servers, or the Web sites and servers of our business associates, and (b) use Licensed Materials for your personal, non-commercial purposes.

License Restrictions. Your license to an existing version of Licensed Materials may, at MP's discretion, expire when new versions of Licensed Materials are released. MP reserves the right to add additional features or functions to existing Licensed Materials, or to add new applications to the Licensed Materials, at any time. When installed on your computer, all Licensed Materials that communicate with MP or third party servers do so as described in MP Privacy Statement. Additionally, MP may require the update or automatic distribution of Licensed Materials on your computer when a new version of the Licensed Materials is released to the general public, when new features are available, to deliver promotional offers, and/or to add new applications to the applications that comprise Licensed Materials. This update or new download may occur automatically or through other means. You understand that MP and/or one of our business associates may require your review and acceptance of MP 's or their then current privacy statement and/or license agreement before you will be permitted a limited license to any subsequent versions of Licensed Materials.

Notwithstanding the foregoing, MP and its business associates have no obligation to make available to you any subsequent versions of Licensed Materials. You may not distribute or copy (other than for backup purposes) Licensed Materials. You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover or disassemble Licensed Materials equivalent of Licensed Materials in any way. You do not have the right to create derivative works of Licensed Materials, and you agree not to attempt, or allow others to attempt, to reverse engineer Licensed Materials and/or modify Licensed Materials source code. Any and all such modifications or enhancements to Licensed Materials by you, MP, or MP business associates remain the sole property of MP or its business associate. You further agree not to access MP or MP business associate services or software application by any means other than the interface provided by MP or such business associate to access the relevant service. Without limiting MP's rights, you understand that MP, in its discretion, may modify, discontinue, or suspend your right to access any of the Licensed Materials at any time.

MP reserves all rights in Licensed Materials not expressly granted to you in this Agreement.

Other Restrictions. You may not rent, lend, assign, or lease Licensed Materials, but you may transfer your rights under these Terms and Conditions on a permanent basis provided (i) you transfer all copies of the Licensed Materials and these Terms and Conditions; and (ii) the recipient agrees to be bound to these Terms and Conditions. Any transfer must include the most recent product upgrade. Prior to transferring Licensed Materials you must remove the Licensed Materials to be transferred from your machine.

Ownership. You agree that all Licensed Materials are licensed, not sold to you. You agree that Licensed Materials belong to MP, including all intellectual and proprietary rights, unless otherwise specified. MP retains all right, title and interest in and to Licensed Materials at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist. Additionally, all content accessed through Licensed Materials is the property of the applicable content owner and may be protected by applicable intellectual property laws. This Agreement gives you no rights to such content. Finally, any suggestions, ideas or inventions that you voluntarily and optionally disclose to us through any means will be used, or not used, by MP at MP's sole discretion; and, MP will have no obligation to you regarding any ideas or inventions that you disclose through such means.

Disclaimer of Warranty. USE OF MP Supplied Materials IS AT YOUR OWN RISK. MP PROVIDES MP Supplied Materials ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. MP ALSO DISCLAIMS ALL LIABILITY WITH REGARD TO YOUR VIEWING OF ANY WEB SITES THAT MAY BE LINKED FROM ANY MP SUPPLIED MATERIALS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. MP MAKES NO WARRANTY THAT (i) THE MP Supplied Materials ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MP Supplied Materials WILL BE RELIABLE; (iii) THE MP Supplied Materials WILL IDENTIFY ANY IDENTITY THEFT, (iv) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF THE MP Supplied Materials WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE MP Supplied Materials WILL BE CORRECTED. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Limitation of Liability. IN NO EVENT WILL MP, DISTRIBUTORS, DISTRIBUTEES, SUPPLIERS, MERCHANT BUSINESS ASSOCIATES, SPONSORS, THIRD PARTY DEVELOPERS OR DISTRIBUTORS OF MP SOFTWARE, OR ANY OF THE FOREGOING ENTITIES OFFICERS, DIRECTORS, EMPLOYEES, OR AGENT (COLLECTIVELY "Protected Parties") BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF MP PRIVACY STATEMENT, END USER LICENSE AGREEMENT, OR YOUR USE OR INABILITY TO USE Licensed Materials, OR MP Supplied Materials EVEN IF A Protected Party HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Protected Parties MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT, OR MP PRIVACY STATEMENT, EXCEED THE LITTLEST OF $100 OR THE REVENUE ACTUALLY RECEIVED BY MP DIRECTLY ATTRIBUTABLE TO THE MP.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Protected Parties liability shall be limited to the extent permitted by law.

No Protected Parties Liability. Protected Parties assume no liability hereunder for, and shall have no obligation to defend you or to pay costs, damages or attorneys' fees for, any claim arising from: (i) any method or process in which Licensed Materials may be used by you; (ii) any results of using Licensed Materials; (iii) any use of other than a current unaltered release of Licensed Materials; or (iv) the combination, operation or use of any Licensed Materials furnished hereunder with non-Licensed Materials if such infringement would have been avoided by avoidance of the combination, operation, or use of the Licensed Materials with other programs, data, or other materials.

Privacy Statement and Other Policies. You agree to be bound by and comply with the MP Privacy Statement applicable to any Licensed Materials, the privacy statements applicable to third party software, and any other policies governing the use of Licensed Materials for which, as appropriate, you have accepted via a click-thru agreement; or have been provided notice.

Applicable Law. The laws of the State of New South Wales, Australia will govern this Agreement, without reference to conflicts of law principles. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the state and federal courts in the United States of America. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement.

Arbitration. Any claim or controversy arising out of or related to these Terms and Conditions, Licensed Materials, MP Supplied Materials, or any MP Licensed materials shall be settled by binding arbitration in accordance with the rules of the Australian Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude MP from seeking any injunctive relief in any courts of their choice, for protection of MP 's intellectual property rights.

Successor Agreements. These Terms and Conditions may change in the future. In such case, and when appropriate, MP will obtain your consent prior to the new document going into effect.

In most cases, MP will provide you with an on-line message window notice informing you that changes have been made to the documents and will provide you either with an active link, or inactive URL address, that you can use to view a web page containing the revised documents (or leading you to the appropriate documents). MP will always post its most recent Privacy Statement and End User License Agreement on MP's web site that can be accessed at http://www.mini-player.com/privacy/.

You agree that after receipt of such change notice, you consent to MP 's revised Terms and Conditions unless you uninstall all MP Software from your computer, and destroy all copies of same you may have created. Failure to uninstall and destroy all MP Software from your computer will be deemed an acceptance of the terms of MP 's most current Terms and Conditions for which you have given your consent, or for which you have been given notice, as appropriate. Except as provided in this section, these Terms and Conditions may not be revised except in writing signed by all relevant parties.

General. These Terms and Conditions, as modified from time to time as described above, and including the policies incorporated by reference, sets forth the entire understanding and agreement between you and MP with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. MP shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of MP. Except as described herein, you may not assign this Agreement without our explicit consent.

For Terms and Conditions of The Wotch Network - please Click here.

Effective: August 2002