Terms of Service

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY
THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY
AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR
SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2016.

ACCEPTANCE OF TERMS

The following Terms of Service
Agreement (the “TOS”) is a legally binding agreement that shall govern the
relationship with our users and others which may interact or interface with Over The Top,
also known as OTT, located at 23522 El Toro Road #204,
Lake Forest, California 92630,
and our subsidiaries and affiliates, in association with the use of the OTT
website, which includes http://overthetop.com (the “Site”) and its Services,
which shall be defined below.

DESCRIPTIVE OF WEBSITE SERVICES OFFERED

The Site is a company website which has the following description:

Overthetop.com is an information website about Over The Top, a digital marketing company. Learn about services provided by OTT and read about the OTT Team. Catch up on the latest digital marketing news and updates in the blog section.

Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.

The user acknowledges and agrees
that the Services provided and made available through our website and
applications, which may include some mobile applications and that those
applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of Over The Top. At its discretion, Over The Top may offer
additional website Services and/or products, or update, modify or revise any
current content and Services, and this Agreement shall apply to any and all
additional Services and/or products and any and all updated, modified or
revised Services unless otherwise stipulated. Over The Top does
hereby reserve the right to cancel and cease offering any of the aforementioned
Services and/or products. You, as the end user , acknowledge, accept and agree that Over The Top
shall not be held liable for any such updates, modifications, revisions,
suspensions or discontinuance of any of our Services and/or products. Your
continued use of the Services provided, after such posting of any updates,
changes, and/or modifications shall constitute your acceptance of such updates,
changes and/or modifications, and as such, frequent review of this Agreement
and any and all applicable terms and policies should be made by you to ensure
you are aware of all terms and policies currently in effect. Should you not
agree to the updated, modified, revised or modified terms, you must stop using
the provided Services.

Furthermore, the user understands, acknowledges and agrees that the Services
offered shall be provided “AS IS” and as such Over The Top shall
not assume any responsibility or obligation for the timeliness, missed
delivery, deletion and/or any failure to store user content, communication or
personalization settings.

PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by the Over The Top Online Privacy Policy (see the full Privacy Policy at http://overthetop.com/policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Over The Top and/or our subsidiaries and affiliates.

CAUTIONS FOR GLOBAL USE EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby
agree to comply with all local rules relating to online conduct and that which
is considered acceptable Content. Uploading, posting and/or transferring of
software, technology and other technical data may be subject to the export and
import laws of the United States and possibly other countries. Through the use
of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions
control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state
and pledge that you:

a) are not on the list of prohibited individuals which may be identified on any
government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other
government which may be part of an export-prohibited country identified in
applicable export and import laws and regulations;

b) agree not to transfer any software, technology or any other technical data through
the use of our network Services to any export-prohibited country;

c) agree not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S.
export laws; and

d) agree not to post, transfer nor upload any software, technology or any other
technical data which would be in violation of the U.S. or other applicable
export and/or import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Over The Top shall not lay claim to ownership of any content submitted by any visitor or user, or make
such content available for inclusion on our website Services. Therefore, you
hereby grant and allow for Over The Top the below listed worldwide,
royalty-free and non-exclusive licenses, as applicable:

a) The content submitted or made available for inclusion on the publicly accessible
areas of Over The Top’s sites, the license provided to permit to
use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services is for the sole purpose of
providing and promoting the specific area to which this content was placed
and/or made available for viewing. This license shall be available so long as
you are a member of Over The Top’s sites, and shall terminate at such
time when you elect to discontinue your membership.

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Over The Top’s sites, the license
provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for
the sole purpose of providing and promoting the specific area in which this
content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Over The Top’s sites and
shall terminate at such time when you elect to discontinue your membership.

c) For any other content submitted or made available for inclusion on the publicly
accessible areas of Over The Top’s sites, the continuous, binding
and completely sub-licensable license which is meant to permit to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform
and/or publicly display said content, whether in whole or in part, and the
incorporation of any such Content into other works in any arrangement or medium
current used or later developed.

Those areas which may be deemed “publicly accessible” areas of Over The Top’s
sites are those such areas of our network properties which are meant to be
available to the general public, and which would include message boards and
groups that are openly available to visitors.

CONTRIBUTIONS TO COMPANY WEBSITE

Over The Top
provides an area for our users to contribute feedback to our website. When you submit
ideas, documents, suggestions and/or proposals (“Contributions”) to our site,
you acknowledge and agree that:

a) your Contributions do not contain any type of confidential or proprietary
information;

b) OTT shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;

c) OTT shall be entitled to make use of and/or disclose any such Contributions in any
such manner as they may see fit;

d) the contributor’s Contributions shall automatically become the sole property of OTT;
and

e) OTT is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.

INDEMNITY

All users herein agree to insure and hold Over The Top,
our subsidiaries, affiliates, agents, employees, officers, partners and/or
licensors blameless or for any claim or demand, which may include, but is not
limited to, reasonable attorney fees made by any third party, which may arise
from any content a user of our site may submit, post, modify, transmit or
otherwise make available through our Services, the use of OTT Services
or your connection with these Services, your violations of the Terms of Service
and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICE

The user herein agrees not to replicate, duplicate, copy,
trade, sell, resell nor exploit for any commercial reason any part, use of, or
access to OTT’s sites.

MODIFICATIONS

Over The Top
shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part
thereof, with or without prior notice. In addition, we shall not be held liable
to you or to any third party for any such alteration, modification, suspension
and/or discontinuance of our Services, or any part thereof.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any
promotions of, advertisers located on or through our Services, which may
include the payment and/or delivery of such related goods and/or Services, and
any such other term, condition, warranty and/or representation associated with
such dealings, are and shall be solely between you and any such advertiser.
Moreover, you herein agree that Over The Top shall not be held
responsible or liable for any loss or damage of any nature or manner incurred
as a direct result of any such dealings or as a result of the presence of such
advertisers on our website.

LINKS

Either Over The Top or any third parties may provide links to other websites
and/or resources. Thus, you acknowledge and agree that we are not responsible
for the availability of any such external sites or resources, and as such, we
do not endorse nor are we responsible or liable for any content, products,
advertising or any other materials, on or available from such third party sites
or resources. Furthermore, you acknowledge and agree that Over The Top
shall not be responsible or liable, directly or indirectly, for any such damage
or loss which may be a result of, caused or allegedly to be caused by or in
connection with the use of or the reliance on any such content, goods or Services
made available on or through any such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Over The Top’s Services and
any essential software that may be used in connection with our Services
(“Software”) shall contain proprietary and confidential material that is
protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our Services
or by advertisers is protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore, except for that which is expressly permitted
by applicable law or as authorized by Over The Top or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on Over The Top Services (e.g.
Content or Software), in whole or part.

Over The Top herein has granted you personal, non-transferable and non-exclusive rights
and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to
duplicate, alter, modify, create or plagiarize work from, reverse engineer,
reverse assemble or otherwise make an attempt to locate or discern any source
code, sell, assign, sublicense, grant a security interest in and/or otherwise
transfer any such right in the Software. Furthermore, you do herein agree not
to alter or change the Software in any manner, nature or form, and as such, not
to use any modified versions of the Software, including and without limitation,
for the purpose of obtaining unauthorized access to our Services. Lastly, you
also agree not to access or attempt to access our Services through any means
other than through the interface which is provided by Over The Top for
use in accessing our Services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF OVER THE TOP SERVICES AND SOFTWARE ARE AT THE SOLE RISK
BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS
AVAILABLE” BASIS. OVER THE TOP AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b) OVER THE TOP AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE
NO SUCH WARRANTIES THAT (i) OVER THE TOP SERVICES OR SOFTWARE
WILL MEET YOUR REQUIREMENTS; (ii) OVER THE TOP SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE OVER THE TOP SERVICES
OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,
ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU
THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY
SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF OVER THE TOP
SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK,
AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL
CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR
INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED
BY YOU FROM OVER THE TOP OR BY WAY OF OR FROM OUR SERVICES OR
SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON
A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW
OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES:
DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT OVER THE TOP AND OUR SUBISDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU
FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE
LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:

a) THE USE OF INABILITY TO USE OUR SERVICE;

b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES:

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Shouldyou intend to create or to join any service, receive or request any such news,
messages, alerts or other information from our Services concerning companies,
stock quotes, investments or securities, please review the above Sections Warranty
Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase “Let the investor beware” is
appropriate. Over The Top’s content is provided primarily for
informational purposes, and no content that shall be provided or included in
our Services is intended for trading or investing purposes. Over The Top
and our licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted and/or made available
by way of our Services, and shall not be responsible or liable for any trading
and/or investment decisions based on any such information.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY
DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided
in this TOS, that there shall be third-party beneficiaries to this agreement.

NOTICE

Over The Top may furnish you with notices, including those with regards to any changes to
the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means
currently known or any which may be herein after developed. Any such notices
may not be received if you violate any aspects of the TOS by accessing our Services
in an unauthorized manner. Your acceptance of this TOS constitutes your agreement
that you are deemed to have received any and all notices that would have been
delivered had you accessed our Services in an authorized manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Over The Top
trademarks, copyright, trade name, service marks, and other Over The Top
logos and any brand features, and/or product and service names are trademarks
and as such, are and shall remain the property of Over The Top. You
herein agree not to display and/or use in any manner the Over The Top
logo or marks.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

Over The Top will always respect the intellectual property of others, and we ask that all of
our users to the same. With regards to appropriate circumstances and at its
sole discretion, Over The Top may disable and/or terminate the
accounts of any user who repeatedly violates our TOS and/or infringes the
rights of others. If you feel that your work has been duplicated in such a way
that would constitute copyright infringement, or if you believe your
intellectual property rights have been otherwise violated, you should provide
to us the following information:

a) The electronic or the physical signature of the individual that is authorized on
behalf of the owner of the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;

c) A description of the location of the site which you allege has been infringing
upon your work;

d) The physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is
not authorized by the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is the truth and accurate, and that you are the
copyright or intellectual property owner, representative or agent authorized to
act on the copyright or intellectual property owner’s behalf.

The Over The Top Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:

Mailing Address:
Over The Top
Attn: Copyright Agent
23522 El Toro Road, #204
Lake Forest, California 92630

Telephone: 949 829 2998
Email: admin@overthetop.com

GENERAL INFORMATION

Entire Agreement
This TOS constitutes the entire agreement between you and Over The Top and
shall govern the use of our Services, superseding any prior version of this TOS
between you and us with respect to Over The Top Services. You may
also be subject to additional terms and conditions that may apply when you use
or purchase certain other Over The Top Services, affiliate Services,
third-party content or third-party software.

Choice Of Law And Forum
It is at the mutual agreement of both you and Over The Top with regard to
the TOS that the relationship between the parties shall be governed by the laws
of the state of California without regard to its conflict of
law provisions and that any and, or the
relationship between you and Over The Top, shall be filed within
the courts having jurisdiction within the County of Orange County, California
or the U.S. District Court located in said state. You and Over The Top
agree to submit to the jurisdiction of the courts as previously mentioned, and
agree to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.

Waiver And Severability Of Terms
At any time, should Over The Top fail to exercise or enforce any right or
provision of the TOS, such failure shall not constitute a waiver of such right
or provision. If any provision of this TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations
You acknowledge, understand and agree that regardless of any statute or law to the
contrary, any claim or action arising out of or related to the use of our Services
or the TOS must be filed within 1 year(s) after said claim or
cause of action arose or shall be forever barred.

Violations

Please report any and all violations of this TOS to Over The Top as follows:

Mailing Address:
Over The Top
Attn: Copyright Agent
23522 El Toro Road, #204
Lake Forest, California 92630

Telephone: 949 829 2998
Email: admin@overthetop.com