Please also review the following:

·  E-numX Dollars Auctions Terms & Conditions Amendment
·  E-numX Dollars Stores Terms & Conditions Amendment

By accessing or using the web site at www.enumWallet.com, participating in the E-numX Dollars exchange and trading application made available to users of E-numX at www.e-numX.com, or any E-numX Dollars-provided or E-numX Dollars-approved application, program, contest, or event wherein users are provided the opportunity to earn, use or spend E-numX Dollars ("E-numX Dollars Apps") (collectively the "Program"), you ("you" or the "User") signify that you have read, understand and agree with E-Sky, Inc ("we" or "us") that you are bound by these Terms and Conditions (the "Terms").

In addition, when choosing to install or otherwise participate in an E-numX Dollars App you will be presented with amendments or additions to these Terms, which are specifically applicable to that E-numX Dollars App. By installing, using, or participating in an E-numX Dollars App, you specifically agree to be bound by those additional terms and conditions, which shall be considered amendments to these Terms.

IMPORTANT NOTICE | Back to top

We reserve the right to add to and/or change the Terms at any time. This means, for example, that we may change the number of E-numX Dollars earned for participation in the Program or any E-numX Dollars App, or the number of E-numX Dollars required to purchase goods via an E-numX Dollars App or promotion. In addition, we reserve the right to terminate the Program with one month prior notice. During the one-month notice period we may change or cancel some or all of the then-current Terms, or terminate or discontinue any E-numX Dollars App. If we terminate the Program, your right to earn and spend E-numX Dollars will terminate one month after we give you this notice.

If for any reason (including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Program), the Program is not capable of being conducted as described in these Terms, E-Sky shall have the right, at its sole discretion, to cancel, terminate, modify, or suspend the Program.

ELIGIBILITY | Back to top

1. Only individuals may participate in the Program. Each User shall maintain a separate account with E-numX Dollars ("User Account"). Each User may maintain only one User Account. Corporations, groups and/or associated entities cannot enroll as E-numX Dollars Users.
   
   
   
   
2. The Program is available to all registered users of E-numX aged 13 and older who accept these Terms by installing the Program or any E-numX Dollars App.
   
   
   
   
3. Accrued E-numX Dollars do not constitute the property of the User but may be transferred according to these Terms.
   
   
   
   
4. Respecting your privacy is a priority for us. However, in order to keep you apprised of your E-numX Dollars status, it is important that we send you certain Program information that may include printed or emailed periodic statements of your User Account and other information necessary for administration; printed or email marketing materials from E-numX Dollars and E-Sky which will inform you of special offers and products we believe would be of interest to you; and marketing materials from third parties that have a strategic marketing relationship with the Program. The information you provide to us when enrolling in E-numX Dollars and redeeming points is processed in our computer systems both in the country where this information has been collected and in our primary computer system in the United States. As a participant in E-numX Dollars, you have consented to receive all of the kinds of information described above. However, you will be given the opportunity to opt-out of mailings from such third parties and from e-mails from E-Sky and E-numX Dollars. For additional information about E-Sky's protection and use of your information and other information collected through the Program and its use, see the E-Sky Privacy Policy.

EARNING AND BURNING E-NUMX DOLLARS | Back to top

1. Earning E-numX Dollars:
   
   a. Users enrolled in the Program can accrue or "earn" E-numX Dollars by participating in the Program, installing and using E-numX Dollars Apps, and referring friends to the Program. Your accrued E-numX Dollars shall be recorded and maintained in your User Account by E-Sky. Although often denominated with the "$" symbol and referred to in monetary terms, E-numX Dollars are neither legal tender of the United States or of any other country or jurisdiction, nor are they convertible into United States currency or that of any other nation. E-numX Dollars simply are a method to allow you to participate in the Program. They are available only to E-numX Dollars Users and have value only within the Program and according to its Terms.
   
   b. E-numX Dollars accrued in your User Account for any given year will be carried forward provided all other conditions set forth herein have been met.
   
   
   
   
   
2. Spending E-numX Dollars:

a. You may spend E-numX Dollars by installing and participating in E-numX Dollars Apps. Your request for the use of E-numX Dollars from your User Account must be made according to these Terms. All opportunities to earn E-numX Dollars are subject to availability. Certain E-numX Dollars Apps are available only during the time periods described in Program communications and on the E-numX Dollars home page. Certain restrictions apply to E-numX Dollars Apps, and are set forth in the amendments and additions to these Terms presented to you when installing and using E-numX Dollars Apps.
b. Spent E-numX Dollars are not refundable, exchangeable, replaceable, redeemable or transferable for cash, credit, other rewards or any form of points under any circumstances.

c. By spending E-numX Dollars you release E-Sky, E-numX, and their parents, subsidiaries and affiliates from any and all liability regarding your use of E-numX Dollars and participation in the Program.

d. Some goods or services received for spent E-numX Dollars require an additional charge for shipping and handling that may require a credit card or another non-E-numX Dollars form of payment.

e. Your E-numX Dollars balance in your User Account will be debited for your uses of E-numX Dollars. If the accrued E-numX Dollars in your account are insufficient for your requested transaction, that transaction will be cancelled and no E-numX Dollars will be debited from your Account.

E-SKY'S ROLE IN THE PROGRAM | Back to top

1. E-Sky, through the Program, maintains a role as a facilitator, clearinghouse, and/or transfer agent of E-numX Dollars. Unless otherwise provided in these Terms, E-Sky is not a retailer, vendor, or principal to transactions where you spend E-numX Dollars for third party goods or services and E-Sky provides no warranty or support covering such goods or services.
   
   
   
2. If you spend E-numX Dollars for goods or products provided by E-Sky, E-Sky will use its best efforts to deliver such goods or products in a timely fashion. E-Sky may rely on partners or common carriers for final fulfillment and is not responsible for delivery delays caused by partners or common carriers.
   
   
   
3. To facilitate the Program, E-Sky uses the identity and other systems provided by E-numX via its application programming interface ("E-numX API"). E-Sky is not responsible for any portion of the Program provided by E-numX via the E-numX API.
   
   
   
4. E-Sky does not authenticate or verify information about Users, including but not limited to their identities, profiles, and resumes. All such info is obtained from E-numX and, as such, the completeness and accuracy of that information is your sole and exclusive responsibility.
   
   
   
5. You are solely responsible for all uses of your User Account and you agree to immediately notify E-Sky and/or E-numX of any unauthorized use of your User Account or E-numX account, or any other security breach known to you. E-Sky shall have no obligation to monitor your User Account or E-numX account for unauthorized uses or other security breaches.

POINT FORFEITURE / ACCOUNT CANCELLATION | Back to top

1. If you terminate your E-numX membership or you violate these Terms (as described in more detail below), your User Account and your ability to participate in the Program will be terminated. This shall result in the immediate and uncompensated forfeiture of all of your accrued E-numX Dollars and cancellation of any pending transactions initiated by you prior to the termination.
   
   
   
2. If you voluntarily cancel or terminate your participation the Program, all E-numX Dollars accrued in your account will be forfeited immediately.
   
   
   
3. Your User account may be closed at E-Sky's discretion if no E-numX Dollars are accrued during a 12-month period. All E-numX Dollars in your User Account will be forfeited at that time.

CHLDREN'S ONLINE PRIVACY PROTECTION ACT | Back to top

Pursuant to the terms of the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect personally identifiable information from children under the age of 13. By participating in the Program, you hereby represent that you are 13 years of age or older, and you are not permitted to participate in the Program unless you are 13 years of age or older. If you are under the age of 18, your participation in the Program is conditioned on your parents' or guardian's review of and approval to these Terms.

FRAUD OR ABUSE | Back to top

1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted by you, are your sole responsibility. This includes, but is not limited to, messages posted in chat sessions and descriptions and information contained in E-numX Dollars Shops. You, and not E-Sky, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Program. E-Sky does not control the Content posted via the Program and, as such, does not guarantee the accuracy, integrity, legality, or quality of such Content. You understand that by using the Program, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will E-Sky be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Program.
   
   
   
   
2. Fraud or abuse relating to your participation in the Program, accrual of E-numX Dollars, use of E-numX Dollars, or use of E-numX Dollars Apps constitute violations of these Terms. Such violations may result in cancellation of your User Account and forfeiture of your accrued E-numX Dollars. Examples of prohibited fraud or abuse include, but are not limited to:
   
   a. Uploading files that contain viruses, corrupted files, Trojan horses, worms, or any other similar software or programs that may damage the operation of the computers or software of E-Sky, E-numX, or any other User or third party;
   
   b. Deleting or modifying any author attributions, legal notices, or other proprietary designations or labels in any file that is uploaded;
   
   c. Incorporating any information from the Program into any other directory, product, or service without the express, written consent of E-Sky;
   
   d. Publishing or distributing any information, message or material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable defamatory, infringing, obscene, indecent or unlawful material or information via the Program;
   
   e. Defaming, abusing, harassing, threatening, stalking or otherwise violating the legal rights or privacy of other Users or the employees, agents or other representatives of E-Sky or E-numX;
   
   f. Collecting or storing personal data about other Users for any improper or unlawful purpose;
   
   

g. Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals;

h. Disseminating instructions on how to assemble bombs, grenades, and other weapons and to create "crush" sites;

i. Engaging in any activity with a commercial purpose, except as reasonably contemplated by operation of the Program, including, but not limited to, advertising or offering to sell any goods or services;

j. Tampering with, harming, disrupting, hacking, or otherwise engaging in any malicious or disruptive conduct in the operation of the Program or any E-numX Dollars App; or

k. Using the Program or any E-numX Dollars App to violate any state, federal, or local law or regulation.

You acknowledge that E-Sky may or may not pre-screen Content, but that E-Sky and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Program. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by E-Sky or submitted to E-Sky, including without limitation information in E-Sky chat sessions and in all other parts of the Program.

You acknowledge, consent and agree that E-Sky may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of E-Sky, its Users and the public. You understand that the technical processing and transmission of the Program, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

3. The Program is intended to be a service provided to and used by an individual, not a group or company, and not via an automated or mechanical means. Therefore, it would be considered fraudulent and abusive for you to direct, encourage or allow others to use the Program, any E-numX Dollars App, or your E-numX Dollars Account for the purpose of accumulating E-numX Dollars, or employ software, hardware, or other mechanical means for the direct or indirect purpose of accumulating E-numX Dollars.

ANY E-NUMX DOLLARS EARNED OR SPENT BY YOU THAT RESULT FROM ANY SUCH FRAUDULENT, ABUSIVE, MALICIOUS OR DISRUPTIVE CONDUCT WILL BE FORFEITED, AT THE SOLE DETERMINATION AND DISCRETION OF E-SKY.

INTERNATIONAL USAGE | Back to top

This Site is controlled and operated by E-Sky from its offices within San Jose, California, United States of America. E-Sky makes no representation that the Program is appropriate or available in locations outside of the United States of America. Those who choose to participate in the Program from locations outside of the United States of America do so on their own initiative, at their own risk, and are responsible for compliance with any applicable local laws.

INDEMNITY | Back to top

By participating in the Program you release and agree to indemnify and hold harmless E-Sky and all co-sponsors of the Program or any E-numX Dollars App and their respective affiliates, parents and subsidiaries, and their respective employees, agents, and representatives (collectively, "Entities") from any and all liability, claims, or actions of any kind whatsoever for injuries, damages, or losses to person or property that may be sustained in connection with your participation in the Program. By participating in the Program, you agree that no claim relating to such injuries, damages, or losses shall be asserted against any of the Entities. You agree that none of the Entities shall be liable for any injury or damage to any person's computer hardware, software, or peripherals utilized in participating in the Program. None of the Entities are responsible for technical, hardware, software, or other communication failures of any kind, whether caused by any of the Entities, other Users, or by any equipment, programming, or other cause, whether or not such failures limit your ability to participate in the Program.

ARBITRATION | Back to top

1. As used in this Arbitration section, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to your participation in the Program. For the purposes of this Arbitration Provision, "you" and "us" also include any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, all agents, employees, directors and representatives of any of the foregoing, and other persons referred to below in the definition of "Claims." "Claim" includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims, third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. "Claim" also includes claims by or against any third party using or providing any product, service or benefit in connection with the Program if and only if such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (a) your User Account or any E-numX Dollars balances in the your User Account, (b) advertisements, promotions or oral or written statements related to the Program, or (c) the redemption for and use of E-numX Dollars.

2. This Arbitration section is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration section shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief-written explanation of the basis for the decision. The arbitration proceeding shall not be governed by any federal or state rules of civil procedure or rules of evidence. Judgment upon the award rendered by the arbitrator shall be entered in any court having jurisdiction. The arbitrator's decision will be final and binding, except for any right of appeal provided the applicable rules. Any arbitration hearing shall take place in or around Santa Clara, California. You and we will split equally the arbitration fees (including filing, administrative, hearing and/or other fees). This Arbitration Provision shall survive termination of the Program or your participation in it. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity it shall not invalidate the remaining portions of this Arbitration Provision or these Terms.

SOFTWARE | Back to top

Unless otherwise provided, any software, applications, or files that are made available to Users via the Program ("Software") are the copyrighted work of E-Sky and/or its partners or suppliers. Use of Software is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software ("EULA "). You must not install or use any Software that is accompanied by or includes an EULA unless you first agree to the EULA terms. For any Software not accompanied by an EULA, E-Sky hereby grants to you a license to use that Software as follows:
E-Sky grants you a personal, nontransferable license to use the Software for participation in the Program. You may use the Software only in accordance with these Terms, and for no other purpose. You have no right to modify, reverse engineer, decompile, make derivative works from, or further distribute, sell or license the Software. This license expires upon the termination of your participation in the Program.
DISCLAIMER OF WARRANTIES | Back to top

THE PROGRAM, E-NUMX DOLLARS APPS, AND ALL SOFTWARE, GOODS OR MATERIALS USED IN OR ACQUIRED VIA THE PROGRAM ARE PROVIDED BY E-SKY "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME ALL RISK OF USE OF THE PROGRAM, THE E-NUMX DOLLARS APPS, AND ALL SOFTWARE, GOODS OR MATERIALS USED IN OR ACQUIRED VIA THE PROGRAM. You understand and agree that any material and/or data installed or otherwise obtained through the use of the Program is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the install of such material and/or data. No advice or information, whether oral or written, obtained by you from E-Sky or through the Program shall create any warranty not expressly made herein.

LIMITATION OF LIABILITY | Back to top

YOU EXPRESSLY UNDERSTAND AND AGREE THAT E-SKY AND ITS AFFILIATES, RELATED ENTITIES, PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF E-SKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE PROGRAM; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE PROGRAM; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE PROGRAM; (vi) ANY GOOD OR SERVICE OFFERED OR SOLD THROUGH THE PROGRAM; OR (vii) ANY OTHER MATTER RELATING TO THE PROGRAM. In the event that you have a dispute of any kind with one or more Users, you release E-Sky (and our agents, affiliates, representatives, officers, directors, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code �1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

MISCELLANEOUS | Back to top

1. These Terms and any amendments thereto accompanying E-numX Dollars Apps comprise the entire agreement between you and E-Sky and supersede all prior agreements between you and us regarding the Program.
   
   
   
   
2. Any waiver of any portion of these Terms will be effective only if in writing and signed by E-Sky.
   
   
   
   
3. If a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remaining provisions of these Terms will continue in full force and effect.
   
   
   
   
4. E-Sky will not be responsible for delays or failures in performing its obligations under the Agreements due to any cause beyond its reasonable control.
   
   
   
   
5. The failure of E-Sky to enforce or require enforcement of any provision of these Terms will not constitute, or be construed to be, a waiver of these Terms, nor will it affect E-Sky's right to enforce all other provisions of these Terms.
   
   
   
   
6. All questions or disputes regarding the Program, the accrual or earning of E-numX Dollars, or the spending or burning of E-numX Dollars will be resolved by E-Sky at its sole discretion.
   
   
   
   
7. E-numX Dollars earned and spent via the Program may be subject to state, local and/or federal tax liability. The determination of tax liability for any federal, state or local taxes (as may be applicable) arising out of the accrual or conversion of E-numX Dollars or use of E-numX Dollars in the Program shall be your sole responsibility. We make no representation as to the taxability of the accrual, earning, spending, or burning of E-numX Dollars.
   
   
   
   
8. We are not responsible for typographical errors and/or photographic errors and/or omissions in the Program or any E-numX Dollars App.
   
   
   
   
9. These Terms and those of all E-numX Dollars Apps are governed by and shall be construed according to the laws (excluding conflicts of law provisions) of the State of California. You consent to the personal jurisdiction of the state and federal courts sitting in and around Santa Clara, California for the resolution of any disputes related to the Program. You further agree that should litigation be necessary to resolve any such dispute between us, that the state and federal courts sitting in or around Santa Clara, California shall be the proper venue and a convenient forum for the resolution of such disputes.
   
   
   
   
10. You further agree that if litigation is initiated between us, the prevailing party shall be entitled to full and complete recovery of its fees and expenses incurred in prosecuting or defending such action.
    
    
    
    
11. The earning and spending of E-numX Dollars are void where prohibited by law.
    
    
    
    
12. Unless explicitly stated otherwise, any new features that augments or enhances the Program or an E-numX Dollars App, including the release of new resources or versions of software, shall be subject to these Terms. In order to participate in the Program, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any fees associated with such access. You are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for your access to and use of the Program and for all related fees.

Effective date: 10.22.2008