ENTERTAINMENT SOFTWARE RATING BOARD ("ESRB") MOBILE WEBSITE TERMS OF USE

1. Acceptance of Terms. By accessing this ESRB Service ("Service") you agree to be subject to the following Terms of Service ("TOS") which may be updated by us from time to time without notice to you. The Website Use Agreement http://www.esrb.org/about/termsofuse.jsp and Privacy Statement http://www.esrb.org/about/privacy_statement.jsp applicable to ESRB's website are incorporated herein by reference.

2. Company and Service Description. ESRB is a 501(c)(6) non-profit provider of entertainment software ratings to the general public. The Service is a mobile website which operates as an adjunct to ESRB's main website (www.esrb.org) and provides the capability to access the ESRB rating of entertainment software from a mobile phone.

3. Information Privacy. ESRB does not collect information about you or your use of the Service other than as described herein. The Service permits you, at your own discretion, to provide your e-mail address for the purpose of receiving answers to questions related to the Service. Where you voluntarily provide your e-mail address, it will be used to respond to your question and for no other purpose. Your e-mail address will not be stored (beyond storage required for a response) or shared with third parties. ESRB collects information necessary to provide the Service including, but not limited to, your carrier, device type, and hardware ID. This information does not identify you to ESRB, though it may be unique or contain information you consider personal. For additional privacy information see http://www.esrb.org/about/privacy_statement.jsp.

4. Disclaimer and Limitation of Liability. You expressly understand and agree that: (1) entertainment software ratings are inherently subjective and involve the exercise of personal judgment and opinion; and (2) any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your mobile phone and/or computer system and loss of data that results from download or use of the Service. You expressly understand that ESRB and its affiliates, officers, employees, agents and partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages resulting from download or use of the Service. For additional information on Disclaimers and Limitation of Liability see http://www.esrb.org/about/termsofuse.jsp.

5. Contact Information. ESRB may be contacted at:
marketing@esrb.org

If you prefer to write us via postal mail, contact us at:

Entertainment Software Rating Board
317 Madison Avenue, 22nd Floor
New York, NY 10017