Mobile Terms
Mobilepenthouse.com: This is a subscription entertainment service where users receive monthly download credits for a monthly fee. Virgin Mobile (wallpapers only), Sprint, Cellular one, T-Mobile and Verizon Wireless subscribers receive 20 download credits for only $9.99/month. Existing AT&T subscribers who signed-up on or before 7/1/08 receive 20 download credits for $9.99/month. New AT&T subscribers opting in on or after 7/2/08 will receive 40 credits for only $19.99/month until the service is cancelled. Credits may be applied towards wallpaper video, game, screen saver and ringtone downloads dependent upon credit and content availability per device. A wireless web and SMS enabled (short message service) account is required. Unused credits rollover to the next month and expire after 90 days. The subscription may be cancelled at anytime by texting "STOP" to "25184" from your mobile device. Standard message charges may apply. You must be at least 18 years of age to subscribe. Other carrier charges may apply. Text HELP to 25184 for help, call 1-888-200-8795 or email support@mobilepenthouse.com. Full program details and Terms of Service are available at www.mobilepenthouse.com. By providing your mobile number you are agreeing to receive new service marketing messages.
This is an entertainment service available to wireless subscribers 18 years of age and up. Available on AT&T, Alltel, Cricket Wireless, T-Mobile, Verizon Wireless, Virgin Mobile 99¢ per message received; Sprint & Nextel $19.99 per month unlimited messages from our network of professional chatters and will appear on your wireless bill. Standard rate charges may apply. Persons and models depicted may not be available for chat. Unlimited chat may not apply on all carriers. Verizon & T-mobile customers: To report or block chat participants who are abusive or threatening, please email us support@69777chat.com. Text HELP to 69777 for help or email us at support@69777chat.com. Text STOP to 69777 to end. All supported other carriers: To report or block chat participants who are abusive or threatening, please email us at support@50760.com. Text HELP to 50760 for help or email us at support@50760.com. Text STOP to 50760 to end.
MOBILE TERMS OF USE / PRIVACY POLICY
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE(S) AND SERVICE(S) PROVIDED BY US, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Your use of our services and content is conditioned on your acceptance of the terms, conditions, and notices contained in this Terms of Use Agreement (the "Agreement").
In this Agreement, "we," "us" and "our" refer collectively to WAAT Media Corp. and any of its subsidiaries.
We reserve the right to modify this Agreement at any time without notice. Modifications will be effective immediately as of the date that modification is posted on this site. Your continued use of this site and/or our services indicates your knowledge and acceptance of this Agreement and any subsequent modifications thereto.
Where specifically stated, additional terms and conditions may govern the use of specific services and/or products provided by us. Your use of such specific products and/or services is subject to any the additional terms and conditions, which are hereby incorporated by reference.
If you do not agree to this Agreement (including any referenced additional policies), please immediately terminate your use of this site and any of our services.
A. MINIMUM AGE REQUIREMENT
The minimum age to use any of our products or services is 16. If you are between the age of 16 and 18, you must obtain parental consent prior to using any of our products or services. Certain services or products offered by us are for the sole use of individuals over the age of 18; if you are not 18 or older you may not use such service or products.
B. DESCRIPTION OF SERVICES
We provide downloadable mobile entertainment products, such as ringtones, games, wallpapers, videos, news, graphics, text messages, chat services and other applications via the internet, SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices (the "Service").
You acknowledge and agree that the Service is for your personal use only. You may not copy, transmit, broadcast, create derivative work of, or make commercial use of the Service.
You acknowledge that some of the content or communications on the Service may be offensive to you or to others who you may expose, deliberately or inadvertently, to the content or the Service. We do not warrant and make no guarantee or representation that you will not find all or part of the Service to be objectionable. You agree to be responsible for previewing any content with which you may be unfamiliar prior to requesting a download of such content. You agree that you will be solely responsible for any aspect of the Service that you or others might find objectionable. Parents should use appropriate parental discretion in determining whether you want to authorize minor children to access the Service.
Chat Service
All chat services are monitored for content; however, we do not accept responsibility for actions taken by users. Certain text chat services employ operators who are paid to participate in the chat service and represent fictive personalities. Chat services are charged on a per message basis. The fee for the chat service will depend on the service and your telecommunication carrier ("Carrier"). Standard message charges may apply. To stop chatting, send STOP in a text message to the shortcode used to participate in the service.
This is an entertainment service available to wireless subscribers 18 years of age and up. Available on AT&T, Alltel, Cricket Wireless, T-Mobile, Verizon Wireless, Virgin Mobile 99¢ per message received; Boost $6.99 per month unlimited messages; Sprint & Nextel $19.99 per month unlimited messages from our network of professional chatters and will appear on your wireless bill. Standard rate charges may apply. Persons and models depicted may not be available for chat. Unlimited chat may not apply on all carriers. Verizon & T-mobile customers: To report or block chat participants who are abusive or threatening, please email us support@69777chat.com. Text HELP to 69777 for help or email us at support@69777chat.com. Text STOP to 69777 to quit. All supported other carriers: To report or block chat participants who are abusive or threatening, please text HELP to 96969. Text HELP to 96969 for help or call toll free 1-866-425-8977; Text STOP to 96969 to quit services.
Text Alert Service
Your monthly text alert subscription will be automatically renewed if not unsubscribed. To unsubscribe, send STOP in a text message to the shortcode used for connection. Standard message charges may apply.
C. ACCESS TO THE SERVICE
In order to access the Service you must be (a) at least 18 years of age (unless specified otherwise) and have the consent of the subscriber of the mobile service, and (b) agree on behalf of yourself and the subscriber of the mobile service to be bound by these terms of use. You must possess a compatible mobile device and appropriate software which will enable you to access and download the Service.
Mobile Service
By registering to a Mobile Service, you authorize us to bill your mobile telephone invoice. The following plans are currently being offered by us:
(i) Subscription plans, (ii) Pay-per-download plans; or
We may add, modify or amend the any mobile plans in our sole discretion.
Your subscription will be automatically renewed until cancelled/terminated. If your subscription requires a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period, and any other charges that may be applicable. If you cancel your subscription, you will not be refunded any remaining portion of your subscription fees already billed to your billing account with your Carrier, including any minimum commitments or other charges. All unused credits will not roll over the following month.
You may terminate your access to the Service at any time by sending END, STOP or QUIT to the shortcode you used to sign up for the Service or by contacting the email address displayed above.
Pay-per-Download Service
We may offer individual Service for a specific fee. By completing the download, you authorize us to charge the appropriate fee to your mobile telephone invoice. You agree that normal Carrier charges may apply (e.g. SMS charges). All fees are subject to change.
We shall have no liability to you for usage charges related to any device that you use to access the Service, including, without limitation, usage charges for mobile telephones, Palm OS devices, Windows CE devices, car navigation systems, pagers, Smartphones and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
D. TERMINATION
We may terminate your access to the Service (or any portions thereof), your password access and/or account immediately and without prior notice when: (a) we believe that you have breached this Agreement; (b) your account has been inactive for a period exceeding one (1) year; (c) requested by law enforcement or any other governmental agency; (d) required by any local, state or federal law; (e) we discontinue the Service; (f) for technical problems and/or security issues; and (g) you request it.
Upon a termination of this Agreement, you agree to immediately remove all downloaded mobile entertainment content from your mobile device.
E. PERMITTED USE
By downloading and using the Service, you hereby accept a limited, non-exclusive, non-transferable, revocable right and license to download and use the Service (or any part thereof) on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Service except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the mobile entertainment content downloaded on your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile entertainment content downloaded on your mobile device.
F. LICENSE AGREEMENT AND RIGHTS
All Service made available by us is owned and copyrighted by us or our licensors, including but not limited to Software, object code, source code, schematics, data, text, sound, graphics, motion graphics, animations, video, photographs, images, documents, papers, instructions, information and other material, available for viewing, streaming, or downloading through or incorporated into the Site. "Software" in this Agreement shall mean all object, source code, games, or other software available on or through the Service whether in written form as part of a document or as a file capable of being downloaded together with all documentation, explanatory notes and other materials associated therewith.
Your use of the Service constitutes your acknowledgement that the Service contains proprietary and confidential information, copyrights, trademarks, trade names, service marks, patents, or other intellectual property rights protected by all applicable local, state, federal and international intellectual property and other laws. You hereby agree not to sell, assign, license, sublicense, distribute, create derivative works of, loan, copy, modify, reverse engineer, reverse assemble, attempt to discover source code, or otherwise exploit or transfer any right in the Service (or any portions thereof) without the express prior written permission of WAAT Media, Corp. or other applicable third parties.
You may not download, install or use any Service (or portion thereof) that is accompanied by or that includes a license agreement unless you first agree to the terms of such license agreement.
Any modification, reproduction or redistribution of the Service (or any portion thereof) is expressly prohibited by law. You acknowledge that the Service and any accompanying documentation or technical information, is subject to applicable export control laws and regulations of the United States or the laws of the country in which you reside and that you will act in compliance with any such export control laws and regulations.
If you believe that any material available through our Service infringes upon any copyright you own or control, or that any link on our web site directs users to another site that contains material that you own or control, please refer any claim to legal@twistbox.com.
G. UNLAWFUL USE
You may not use the Service for any purpose that is unlawful or prohibited by this Agreement. You agree not to use the Service to (a) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (b) carry out any unauthorized alteration of any data or information on or supplied through the Service; (c) conduct any activity that infringes on the copyright, patent, trademark, service mark or any other rights of any person or entity; (d) harm in an manner a minor, as defined by the laws or regulations of the respective country; (e) upload, post, e-mail, attach, transfer, transmit, share or otherwise distribute in any way any Software or content received on or through the Service.
You shall not use the Service in any manner that could damage, disable, overburden, or impair any other service(s) or interfere with any other party's use or enjoyment of any Service. You may not attempt to gain unauthorized access to any Service or accounts not registered to you, or computer systems or networks connected to any Service through hacking or any other means. We reserve the right, in our sole discretion, to terminate your access to any Service (or any portion thereof) at any time, with or without cause and without notice.
Some content and materials available on the Service may not be appropriate or available for use in all jurisdictions or with all Carriers. Accessing any such content or materials from certain jurisdictions may be illegal and prohibited. Accessing any of the foregoing from any such jurisdiction is done so at your own initiative and we are not responsible for your or its compliance with any other local applicable laws. You hereby agree that you shall not access any of the foregoing where prohibited by any such law.
H. THIRD PARTY LINKS AND CONTENT
Our website may contain links to advertisements for websites operated by third parties. We are not responsible in any way for, and do not guaranty the availability of and links to third parties' web sites. In addition, we do not endorse and are not responsible or liable for any content, advertising, goods or services, or other materials available on or from such web sites or resources. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods or services, or other materials on or available from such web sites or resources.
We claim no ownership in the content you may make publicly available on the Service, or otherwise upload, post or transmit. With respect to such content, you grant us a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display the content for the purpose for which such content was submitted or made available. This license terminates when you remove the content. You understand and agree that we may retain copies of any content you provided.
I. PURCHASES AND PAYMENTS
The price of any Service will be the price specified at the time of your purchase. Prices exclude all applicable taxes, telecommunication charges, and other charges unless otherwise indicated. This includes both direct billing via your Carrier and non-direct billing through your credit card. To the extent permissible by law, you agree to be responsible for any such applicable taxes, telecommunication charges, and other applicable charges.
Prices, availability and terms of any Services are subject to change at any time. We reserve the right to collect applicable taxes and impose premium surcharges for certain features on the Service.
If, at any time thereafter, you fail to pay any outstanding amounts owed to us under this Agreement, we may terminate your use of the Service, without prejudice.
J. BILLING INFORMATION
Your purchase of the Service (or portion thereof) constitutes your acknowledgement that you are of legal age to form a binding contract, and if not of legal age that you have placed such order with the involvement of a parent or legal guardian, and that you are not a person barred from using or receiving the Service by any local, state, federal or international law. You must provide current, complete, and accurate information to your Carrier in connection with your billing account in order to receive the Service. It is your responsibility to provide and update your correct information with the Carriers.
K. REFUND POLICY
You accept full responsibility for confirming that the mobile device and Carrier are supported and compatible with the Service.
We will notify your Carrier in the event downloaded content from the Service is either defective or not received due to an error by us ("Company Error"). We assume no liability for purchaser error, trial versions, content purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase or any purchased item 30 days after the purchase date for any reason ("Purchaser Errors").
You accept full responsibility for any and all activity that occurs under your account. You agree to immediately notify us of any unauthorized use of your account or mobile device used to access the Service. We reserve the right to refuse refunds for any and all activity that occurs under your account prior to your notice to us. We will not be liable for any loss that you incur as a result of someone else using your account with or without your permission or knowledge. We may, however, hold you liable for losses incurred by us as a result of someone else using your account. We shall not be liable for any errors on billing statements issued to you by your Carrier.
In no event shall we be liable for any defects or other problems associated with downloads or purchases through the Service after a period of thirty (30) calendar days has expired from the date of such download or purchase, as applicable.
L. LIMITATION OF LIABILITY AND WARRANTY
YOU AGREE THAT ALL INFORMATION, SOFTWARE, CONTENT, PRODUCTS, SERVICES AND RELATED MATERIALS CONTAINED WITHIN THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE AND OUR RESPECTIVE LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, CONTENT, PRODUCTS, SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL WE BE LIABLE FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT, SOFTWARE OR OTHER INFORMATION ON THE SERVICE, OR FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE UNDER ANY CIRCUMSTANCES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SERVICE, INCLUDING THE CONTENT AND SOFTWARE OR THE SERVER(S) ON WHICH THE SERVICE IS OPERATED, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY WAAT MEDIA, CORP. OR ANY OF ITS EMPLOYEES. WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD PARTY CONTENT OR THIRD PARTY WEB PAGE ACCESSED FROM THE SERVICE, NOR DO WE WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY SITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
WE, OUR AGENTS, AFFILIATES AND CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE (OR ANY PORTION THEREOF) OR ARISING OUT OF ANY BREACH OR ALLEGED BREACH OF ANY WARRANTY.
NO COMMUNICATION OF ANY KIND BETWEEN YOU AND US OR OUR REPRESENTATIVE SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
This disclaimer of our liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, handheld device virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record of the Service, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
We shall not be responsible for unauthorized access to, or alteration of transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You acknowledge that we are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content on the Service. You further acknowledge and accept full responsibility for any risk of injury from the foregoing. We shall not be liable for any termination, cessation, interruption, cancellation or compromise of your password, account, access to the Service, whether temporary or permanent.
We hereby reserve the right to terminate your access to your password, account or the Service (or any portions thereof) and bar any further access to the same by you for any reason and without prior notice to you. We are neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Service as a result of your use of the Service; or for any delays, inaccuracies, errors, or omissions arising out of your use of the Service, including without limitation, any material posted by us or any third party on the Service.
We do not recommend use of the Service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the Service during such activities and acknowledge that any such use constitutes a violation of this Agreement. We will not be responsible for any direct, incidental, consequential, special or punitive damages resulting from such use.
L. INDEMNITY
You agree to indemnify and hold WAAT Media, Corp., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, demand, lawsuits, or judgments, including reasonable attorneys' fees and court costs, made by any third party due to or arising from any content or materials from the Service that you submit, post, transmit or make available; your use of the Service; your connection to the Service; any disputes or issues between you and your Carrier; your violation of this Agreement; your violation of any rights of another, including intellectual property rights (infringement of a third party's patent, trademark, or copyright, or misappropriation of a trade secret); or losses resulting from someone else using your account (including any unlawful or prohibited use of the Site).
M. PRIVACY
Any personal information you provide to us is used solely to provide the Services you have requested, or to enhance your experience while visiting us.
We will not sale, share or rent your personal information to a third party for commercial purpose other than providing you the requested Service. We will take reasonable precautions to protect your personally identifiable information from loss, misuse, or alteration. However, we will cooperate with law enforcement officials where required by law, or to protect or defend the rights or property of WAAT Media, Corp.or its affiliated companies.
From time to time, we may send you updates and information regarding new products and services we provide via regular SMS.
The Service may contain links to other websites or WAP sites provided by third parties. We are not responsible for the privacy practices of such parties. You should read the privacy statements of each website or WAP site that collects personal identifiable information.
You may access our complete Privacy Policy at http://www.waat.com
N. COPYRIGHT NOTICE
All content, Software and other materials published on the Service are protected by copyright, and owned or controlled by or licensed to WAAT Media, Corp., or the party listed as the provider of the content, Software or other materials. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ANY SUCH MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the Service for the specified uses only, provided that you maintain all copyright, trademark, and other notices contained in such material, and you agree to abide by all additional copyright notices, information, or restrictions contained in any material accessed through the Site. Except as expressly provided in a separate license agreement, you are not granted any express or implied rights under any patents, copyrights, trademarks, or trade secret information. All content provided by us is Copyright © 2004 WAAT Media, Corp., unless specified otherwise. ALL RIGHTS RESERVED.
O. GOVERNING LAW; MISCELLANEOUS
This Agreement is governed in all respects by the laws of the State of California. Any action brought in connection with the Service or its content shall be brought in, and adjudicated solely in state or federal courts of the State of California located in the County of Los Angeles. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts.
Any claim or cause of action arising out of or related to use of the Service, its content, the Software or this Agreement must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
All terms and provisions of this Agreement are severable and separately enforceable. If any provision is held to be invalid or unenforceable, such provision shall be independently stricken and the remaining provisions shall be enforced. Any failure to act with respect to a breach by you or others does not waive our right to act with respect to that, subsequent, or similar breaches.
This Agreement set forth the entire understanding and agreement of the parties as to the subject matter herein and supersede all prior proposals, discussions or agreements with respect thereto. Except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to the Agreement.
