Herbko, Inc. WEB SITE

TERMS AND CONDITIONS,

COPYRIGHTS AND PERMISSIONS

This Internet Web Site is provided by Herbko, Inc. and its affiliates (collectively, “Herbko, Inc.”). Your use of this Web Site is subject to the following terms and conditions. Your use of the Web Site constitutes acceptance of these terms.

IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PLEASE LOG OFF THIS WEB SITE IMMEDIATELY.

Use of Materials on this Web Site

Herbko, Inc. established and maintains this Web Site for your personal enjoyment, information, communication and education. You are free to browse the Web Site, but you may not reproduce, distribute, modify, display, prepare distributive works based on, riposte or otherwise use the contents of this Web Site without Herbko, Inc.’s prior written permission, except that you may download one copy of the material intemporal storage on one computer for your personal, non-commercial home viewing only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right. If you are an owner of an intellectual property who believes their intellectual property has been improperly posted or distributed via this Web Site, please notify Herbko, Inc. immediately at:

                        Herbko, Inc.

                        2632 Hollywood Blvd, Suite #106

                        Hollywood, FL 33020

                        Attention: Legal Department

Communicating with Herbko, Inc.

Herbko, Inc. welcomes communications from its product users. However, when you do communicate with Herbko, Inc., please bear in mind that Herbko, Inc. does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. Therefore, please do not send to Herbko, Inc. any creative or original materials such as ideas for puzzles, games, musical or gift novelties, or any other creative suggestions, ideas, notes, drawings, concepts or other information. Any communication or material you transmit to the Web Site by electronic mail or otherwise, including any personal data, questions or answers, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by Herbko, Inc. or its affiliates or licensed to others by Herbko, Inc. or its affiliates for any purpose, including by not limited to mailing list rental, product or service solicitations, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Herbko, Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

Disclaimer

The material in this Web Site could include technical inaccuracies or other errors. Your use and browsing of the Web Site is at your own risk. Neither Herbko, Inc. nor any other party involved in creating, producing, or delivering the Web Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web Site. Herbko, Inc. does not warrant that the functional aspects of the Web Site will be uninterrupted or error free or that this Web Site or the server that makes it available are free of viruses or other harmful components. Without limiting the foregoing, everything on the Web Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Herbko, Inc. reserves the right to make changes to this Web Site at any time without notice.

Links

Herbko, Inc. has not reviewed all of the sites linked to this Web Site and is not responsible for the contents of any off-site pages or any other sites linked to this Web Site. The inclusion of any link to such sites does not imply endorsement by Herbko, Inc. of the sites. Your linking to any other off-site pages or other sites is at your own risk.

General Provisions

Herbko, Inc. may revise these terms from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting. Herbko, Inc. controls and operates this Web Site from its headquarters in Hollywood, Florida, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Web Site from  other locations, you are responsible for compliance with applicable local laws. Herbko, Inc. products are available in many parts of the world. However, this Web Site may describe products that are not available worldwide. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Web Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflicts of law provisions.

Copyrights

Any unauthorized use of the images and text as detailed below may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Ó 1994, 1996, 1999, 2000, 2001 Herbko, Inc., Hollywood, FL 33021. The Herbko, Inc. logo, Crossword Companion, Roll-A-Puzzle, Luminator, Elite, Bridge Companion, Roll-A-Deal, Crossword Companion KIDS, Stock Market: The Wall Street Trading Game, CrossWord, Psychic Balls, Psychic Golf Ball, Psychic Baseball, Psychic Basketball, Psychic Bowling Ball, Psychic Soccer Ball, Psychic Love Ball, TV-opoly, Net.opoly, Quiz’r, GameShow Companion, Electronic Magic Fiddle, Electronic Magic Guitar, Love’s Magic Violin and Electronic Happy Birthday Singing Cake Plate are registered trademarks and trademarks of Herbko, Inc.. All rights reserved. The JD LINDER PALM BEACH logo is a trademark of Herbko, Inc.. All rights reserved. All original JD LINDER designs are copyrighted and the property of Herbko, Inc.. Any unauthorized copying or use of these designs will be deemed a violation of copyright laws. The New York Times and Expect the World are registered trademarks of The New York Times Company. TV Guide Ó 1996 News America Publications, Inc. Los Angeles Times puzzles Ó 1989, 1990, 1991 Los Angeles Times Syndicate. Disney Ó 1998 Disney Enterprises, Inc.

All music copyrights and permissions are as follows:

“My Heart Will Go On” By Will Jennings and James Horner. Copyright Ó1997 by Famous Music Corporation, Ensign Music Corporation, TCF Music Publishing, Inc. Fox Film Music Corporation and Irving Music, Inc. on behalf of Blue Sky Rider Songs. Used by Permission. All Rights Reserved. “Fly Me To The Moon (In Other Words)” By Bart Howard. TRO Copyright Ó1954 (Renewed) Hampshire House Publishing Corp., New York, NY. Used by Permission. All Rights Reserved. “The Way We Were” By Marvin Hamlisch, Alan Bergman and Marilyn Bergman ÓColgems-EMI Music Inc. Used by Permission. All Rights Reserved. “New York, New York” By John Kander and Fred Ebb. Copyright ÓEMI Unart Catalog. Used by Permission. All Rights Reserved. “Saving All My Love For You” By Gerry Goffin and Michael Masser. Copyright ÓEMI Unart Catalog, Inc. and Prince Street Music. Used by Permission. All Rights Reserved. “This Is My Life” By Billy Joel. Copyright Ó Impulsive Music. Used by Permission. All Rights Reserved. “America” By Neil Diamond. Copyright Ó Stonebridge Music Company. Used by Permission. All Rights Reserved.  “Always” By Irving Berlin. Copyright ã1925 by Irving Berlin. Used by Permission. All Rights Reserved. “It Had To Be You” By Isham Jones and Gus Kahn. Copyright ã1924 by Warner Bros. Inc./Songwriter’s Guild. Used by Permission. All Rights Reserved. “La Bamba” By Ritchie Valens. Ó1987 Warner-Tamerlane Publishing Corp. & Windswept Pacific Songs. Used By Permission. All Rights Reserved. “Wipe Out” By Ron Wilson, James Fuller, Robert Berryhill & Patrick Connolly. Ó1963 Miraleste Music & Robin Hood Music. Used By Permission. All Rights Reserved. “Rock Around The Clock” By Max Freedman & Jimmy deKnight. Ó1953 Sony ATV Songs. Used By Permission. All Rights Reserved.  “Ramblin’ Man” By Forrest Richard Betts. Ó1973 UniChappell Music, Inc. & Forrest Richard Betts Music. Used By Permission. All Rights Reserved. “Rebel ’Rouser” By Duane Eddy & Lee Hazelwood. Ó1958 UniChappell Music, Inc. Used By Permission. All Rights Reserved. “In-A-Gadda-Da-Vida” By Douglas Ingle. Ó1969 Iron Butterfly, Inc. & Ten East Music & Cotillion Music, Inc. Used By Permission. All Rights Reserved. “Stand By Your Man” Written by Tammy Wynette & Billy Sherrill. Ó1968 EMI AL Gallico Music. Used By Permission. All Rights Reserved. “Always on My Mind” Written by Johnny Christopher, Wayne Thompson & Mark James Ó1971 Budde Songs, Inc./Screen Gems-EMI Music. Used By Permission. All Rights Reserved. “Islands in the Stream” Written by Barry, Maurice & Robin Gibb. Ó1983 Gibb Brothers Music. Used By Permission. All Rights Reserved. “Ghost Riders in the Sky” Written by Stan Jones & Burl Ives. Ó1949 Edwin H. Morris Co. Used By Permission. All Rights Reserved. “Take Me Home, Country Roads” Written by John Denver, Bill Danoff & Taffy Nivert. Ó1971 Cherry Lane Music Publishing Company, Inc. & Dreamworks Songs. Used By Permission. All Rights Reserved. “I Fall To Pieces” Written by Hank Cochran & Harlan Howard. Ó Sony ATV Songs LLC. Used By Permission. All Rights Reserved. “Mountain Music” Written by Randy Owen Ó Sony ATV Songs LLC. Used By Permission. All Rights Reserved. “Lucille” Written by Hal Bynum & Roger Bowling. Ó1977 Audite Invasion Music/Sony ATV Songs LLC. Used By Permission. All Rights Reserved.  All Rights Reserved. “Happy Birthday To You” Written by Mildred J. Hill and Patty S. Hill. Ó1935 Summy-Birchard Music, a Division of Summy-Birchard Inc.Inc. All rights reserved. Used by permission.

Copyright 2004. Herbko, Inc. All rights reserved.