SWAGG™ Website Terms of Use ("TOU")

The contents of www.SWAGG.com (the "Site") are owned by Firethorn Mobile, Inc. ("Firethorn Mobile"""). In this Website Terms of Use ("TOU"), we, Firethorn Mobile, set forth the terms pursuant to which you may use the Site. By using the Site, you are agreeing to this TOU. If you do not agree to this TOU, you may not use the Site.

1.Copyright Notice and Use of the Site. The contents of the Site are protected by the copyright and other laws of the United States, its treaty countries and other jurisdictions. You may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the contents of this site. You may download content from this site solely for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Any copies of the content must include Firethorn Mobile's copyright notice: © 2011 Firethorn Mobile, Inc. All rights reserved.

2.Terms for SWAGG™ Website Functionality and SWAGG Mobile Application. Our Site may permit visitors to sign up for, sign on to, operate, or use the SWAGG™ consumer functionality, which may include without limitation entering profile information, buying, receiving, using and exchanging SWAGG GIFTS, adding or removing imported gift or rewards cards, and viewing balance information. In addition to this TOU, any of your use or operation of the Site functionality, as well as any use by you of the SWAGG mobile application, is subject to the SWAGG End User License Agreement available at SWAGG Terms of Service.

3.Links. This Site may contain links to third party websites. Your use of each third party website is subject to the terms of use and other guidelines, if any, contained within the relevant website.

Firethorn Mobile makes no representations whatsoever about any third party website which you may access through the Site. When you access a third party website, you agree that it is independent from Firethorn Mobile, and that Firethorn Mobile has no control over any content on that website. In addition, a link to a third party website does not mean that Firethorn Mobile accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, trojans and other items of a destructive nature.

4.Additional Terms for Forums, Blogs, and Other Social Media.

Our Site may provide one or more forums, blogs, or other interactive or social media features ("Forums") for visitors to our Site to exchange information with each other and with Firethorn Mobile about Firethorn Mobile's products and services (the "Purpose"). If you use the Forums, in addition to any other terms we may require when you register to use the Forums or otherwise posted at or on the Forums, you agree to the following:

a.Restrictions. You agree not to use the Forums for any reason other than the Purpose. The material on the Forums is protected by international copyright and trademark laws. Except as permitted through a "Share" function which we may provide on the Forums, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums including any code or software we may provide.

b.Postings Not Necessarily the Opinion of Firethorn Mobile. Some of the individuals posting to Forums may work for Firethorn Mobile. However, opinions expressed in any Forum comments are the personal opinions of the original authors, and do not necessarily reflect the views of Firethorn Mobile.

c.Postings. Although we may attempt to keep objectionable messages off the Site, it is impossible for us to review all messages. All messages express the views of the author, and Firethorn Mobile will not be held responsible for any message or associated content.

If you post any messages, upload files, input data, or engage in any other form of communication through the Forums (a "Posting"), you represent and warrant the following: (a) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to post such Posting, (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate any laws, (c) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (d) any Postings you make to the Site do not infringe any third party copyright, trademarks, any other intellectual property rights or any applicable law and (e) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of this TOU or your use of the Forums. For the purposes of this section, references to "your use" of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer.

You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums.

When using the Forums and viewing Postings, you need to be aware of the following issues:

i.The Forums may include contributions from various sources over which Firethorn Mobile has no control (including any content submitted by third party users).

ii.Firethorn Mobile does not pre-screen or exercise editorial control over Postings, and takes no responsibility for such Postings.

iii.Firethorn Mobile reserves the right to edit or remove Postings at any time and in its sole discretion, including those that are in breach of this TOU or in breach of any obligation of confidentiality you owe Firethorn Mobile, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums and Firethorn Mobile will not be liable in relation to the removal of, or failure to remove, any Postings.

d.Messages to Registered Users. Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users for the purpose of exchanging information about the Purpose and any other use of the ability to send messages to other Forum users is strictly prohibited. Moreover, you shall not use the contact information made available through the Forum for any of the following: (1) to send unsolicited commercial email (i.e., spam) or any other type of unsolicited commercial message, or (2) to send any message that is vulgar, sexually-orientated, hateful, threatening, or otherwise violates any laws.

e.License. By adding a Posting to the Forum, you are granting Firethorn Mobile a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (a) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Posting, (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Posting without restriction and (c) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction without Firethorn Mobile owing any monies to you whatsoever.

f.Employees. If you are an employee of Firethorn Mobile, Qualcomm Incorporated ("Qualcomm"), or any of its affiliates, you must also follow the Qualcomm Social Media Policy in your Postings.

g.Posting Guidelines. Our Forums may contain additional rules or posting guidelines. In such case, you agree to conform your Postings to any such additional rules or posting guidelines.

5.Privacy. In order to operate and provide the Site, we collect certain information about you. Our practices with respect to the information we collect is described in our privacy policy which is available at http://www.swagg.com/privacy ("Privacy Policy"). By agreeing to this TOU you also are agreeing to our Privacy Policy. Information, including but not limited to personal information, collected through the Site may be stored and processed in the United States or any other country in which Firethorn Mobile or its affiliates or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country.

6.DISCLAIMER. THE MATERIALS ON THE SITE AND ON THE FORUMS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. COMMENTARY AND OTHER MATERIALS POSTED ON THE SITE AND FORUMS ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED AND WE THEREFORE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY SUCH RELIANCE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIRETHORN MOBILE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY OTHER CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR IN EQUITY. FIRETHORN MOBILE DOES NOT WARRANT THAT THE SITE OR FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIRETHORN MOBILE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT FIRETHORN MOBILE OR ITS LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION TO ANY EQUIPMENT YOU USE IN ACCESSING THE SITE OR AS A RESULT OF YOUR USE OF MATERIALS ON THE SITE.

7.LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FIRETHORN MOBILE, ITS SUBSIDIARIES AND PARENT COMPANIES AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARISE OR RESULT FROM OR ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY OF THE POSTINGS MADE AVAILABLE ON OR THROUGH THE SITE. UNDER NO CIRCUMSTANCES SHALL FIRETHORN MOBILE'S AGGREGATE LIABILITY EXCEED $5.00, EXCEPT THAT LIABILITY FOR THE USE OF SWAGG WILL BE GOVERNED BY THE SWAGG END USER LICENSE AGREEMENT AND NOT BY THIS LIMIT. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FIRETHORN MOBILE, ITS PARENT COMPANIES AND AFFILIATES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR ANY POSTING TO THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS MADE AVAILABLE BY OR THROUGH THE SITE, OR WITH THIS TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

8.Notices of copyright infringement. If you believe your intellectual property rights are infringed by any content on the Site, send us a written notification to Firethorn Mobile's Designated Agent at the following address:

Brad Slutsky
Firethorn Mobile, Inc.
Attn. DMCA Notice
3333 Piedmont Road, Suite 300
Atlanta, GA 30305

Telephone Number of Designated Agent: (678) 507-2500

Facsimile Number of Designated Agent: (678) 507-2510

Email Address of Designated Agent: firethorn-dmca [at] qualcomm.com

To be effective, the notification must include the following:

a.A physical or electronic signature of the owner whose exclusive right is allegedly infringed or a person authorized to act on his or her behalf;

b.Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c.Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Firethorn Mobile to locate the material on the Site;

d.Information reasonably sufficient to permit Firethorn Mobile to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;

e.A statement that the copyright owner or authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f.A statement that the information in the notification is accurate, and if submitted by the owner's authorized agent a statement under penalty of perjury, that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Within a commercially reasonable time after receipt of the written Notification containing the information as outlined in "a" through "f" above Firethorn Mobile shall remove or disable access to the material that is alleged to be infringing.

Counter Notification: To be effective, a Counter Notification must be a written communication provided to Firethorn Mobile's Designated Agent at the above provided address that includes substantially the following:

a.A physical or electronic signature of the alleged infringer;

b.Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

c.A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

d.The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for San Diego County, California, or if the Subscriber's address is outside of the United States, for any judicial district in which Firethorn Mobile may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

After receipt of a Counter Notification containing the information as outlined in "a" through "d" above, Firethorn Mobile will provide the Complaining Party with a copy of the Counter Notification within a commercially reasonable time and inform the copyright owner or designated agent that Firethorn Mobile will replace the removed material or cease disabling access to it within ten (10) business days. If Firethorn Mobile's designated agent has not received notice from the copyright owner or his/her designated agent within ten (10) business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, Firethorn Mobile shall restore the allegedly infringing material.

9.Export Compliance Assurances. You acknowledge that all products, proprietary data, know-how, software or other data or information (herein referred to as "Products") obtained from Firethorn Mobile or any direct Product thereof are subject to the United States (U.S.) government export control laws. Accordingly their use, export and re-export may be restricted or prohibited. You and your affiliates agree to obtain prior to export an authorization from the applicable U.S. government agency (either in writing or as provided by applicable regulation). These U.S. government restrictions are implemented principally through the Export Administration Regulations ("EAR", 15 C.F.R. ¤¤ 730 et seq., available at http://www.bis.doc.gov/) administered by Department of Commerce, Bureau of Industry and Security and the Foreign Asset Control Regulations administered by the Department of Treasury, Office of Foreign Assets Control ("OFAC", 30 C.F.R. Part 500 et. Seq. available at http://www.treas.gov/offices/enforcement/ofac/). You, therefore, agree that neither you nor your subsidiaries or affiliates will directly or indirectly export, re-export, transfer, or release, or cause to be exported or re-exported (herein referred to as "export"), any such Products or any direct Product thereof to any destination or entity prohibited or restricted under U.S. law including but not limited to U.S. government embargoed or sanctioned countries or entities, or nationals, unless you shall obtain prior to export an authorization from the applicable U.S. government agency (either in writing or as provided by applicable regulation). You further agree that no Products received from Firethorn Mobile will be directly or indirectly employed in missile technology, sensitive nuclear, or chemical biological weapons end uses or in any manner transferred to any party for any such end use. This requirement shall survive any termination or expiration of this Agreement.

10.Trademarks. Firethorn Mobile and the Firethorn Mobile logo, and SWAGG and the SWAGG logo, are trademarks of Firethorn Mobile, Inc. Qualcomm is a trademark of Qualcomm Incorporated. Certain other product names, brand names and company names mentioned in this site may be trademarks of their respective owners.

11.Modification & Termination. This TOU is effective until modified or terminated by Firethorn Mobile. Firethorn Mobile may modify this TOU from time to time and the new TOU will be effective when posted. Firethorn Mobile may also terminate this TOU at any time without notice to you. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers, limitations of liabilities, and export restrictions set forth in this agreement shall survive.

12.General. This TOU shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any principles of conflicts of law. The parties hereto expressly consent, and submit themselves, to the exclusive jurisdiction of the courts of Georgia, and it is stipulated that venue shall be in Fulton County for the adjudication or disposition of any claim, action or dispute arising out of this Agreement. If any provision of this TOU shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The parties agree that this TOU shall not be presumptively interpreted for or against any party by reason of that party having drafted or negotiated, or failed to draft or negotiate, all or any portion of any provision of this TOU. The section headings in this TOU are for convenience of reference only and are not to be considered as parts, provisions or interpretations of this TOU.

Effective: May 10, 2011