MassiveMp3Giveaway™ AND MOBILE ALERTS™
TERMS & CONDITIONS
These Terms and Conditions (“Agreement”) govern the use and receipt of MassiveMp3Giveaway™ and Mobile Alerts™ (the “Service”) as featured on www.MassiveMp3Giveaway.com (the "Website"). The Service is brought to you by MassiveMp3Giveaway™ ("mmp3g™," "we" or "us"), an Atrinsic, Inc. ("Atrinsic") property. By using and/or accessing the Website and/or Service, you agree to comply with, and be bound by, this Agreement. Please review this Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use this Service in any manner or form, whatsoever. This Agreement is subject to change at any time and changes are effective upon their posting at the Website. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments and/or changes to the original Agreement.
The Website and Service are not available to individuals under eighteen (18) years of age. If you are under the age of eighteen (18), you may not access or use the Website or Service in any manner whatsoever. By signing up for the Service, you represent and warrant that you are over the age of eighteen (18) and the authorized owner of, or have the permission of the authorized owner of, the mobile account used to sign up for the Service and to incur Service fees (“Fees”). YOU UNDERSTAND THAT THE SERVICE IS FOR ENTERTAINMENT, NON-COMMERCIAL PURPOSES ONLY. YOU UNDERSTAND THAT IN ADDITION TO THE FEES CHARGED BY mmp3g™, ANY AND ALL MSG & DATA RATES BY YOUR WIRELESS CARRIER FOR RECEIVING AND/OR SENDING CONTENT MAY APPLY. YOU ARE FULLY RESPONSIBLE FOR ALL SUCH CHARGES AND mmp3g™ HAS NO LIABILITY OR RESPONSIBILITY TO YOU, WHATSOEVER, FOR ANY SUCH CHARGES CHARGED BY YOUR WIRELESS CARRIER. CERTAIN WIRELESS CARRIERS MAY RESTRICT PREPAID ACCOUNT HOLDERS FROM USING PREMIUM MESSAGING SERVICES. PLEASE CHECK WITH YOUR WIRELESS CARRIER TO DETERMINE WHETHER YOU CAN USE THIS METHOD OF PAYMENT.
1.Service & Billing Information.
Current Rates for Service:
• Fees: Nine Dollars and Ninety-Nine Cents ($9.99) per month ( Six Dollars and Ninety nine cents ($6.99) for Boost Customers) for daily alerts and mp3 access, billed monthly to your mobile phone or deducted from your prepaid balance, as applicable.
The Service allows Members (defined below) to obtain: (a) Mobile Alerts™, comprised of weekly text message breaking entertainment news alerts (minimum of 4 alerts per month) delivered to the mobile device ("Mobile Device") that is registered with mmp3g™; and (b) a monthly allotment of mp3 music downloads (“MP3s”) for the monthly fee of Nine Dollars and Ninety-Nine Cents ($9.99). During the first thirty (30) days of your Membership and in connection with the Service, you can download up to one thousand (1,000) MP3s from mmp3g’s™ available catalogue. Thereafter, for each month that your Membership is fully paid and active, you can download up to one hundred (100) MP3s, per Billing Cycle (as defined below) from mmp3gs™ available catalogue. You may download up to ten (10) of your monthly one hundred (100) MP3's from the Billboard puretracks MP3 catalogue (“Billboard Tracks”) per Billing Cycle by following the instructions on the Website to obtain your PIN code and redeem the Billboard Tracks at http://billboard.puretracks.com/. YOU AND THE AUTHORIZED MOBILE ACCOUNT OWNER FOR THE MOBILE DEVICE, IF DIFFERENT, ARE FULLY AND SOLELY RESPONSIBLE FOR ANY AND ALL COSTS INCLUDING, WITHOUT LIMITATION, MSG&DATA RATES, CHARGED BY YOUR WIRELESS CARRIER, AS THEY ARISE FROM YOUR USE OF THE SERVICE. The Service is made available to you only for your own personal, non-commercial use. We may discontinue or add to the Service at anytime, in our sole discretion, with or without notice to Members. Following submission and confirmation of your completed registration for the Service, you will receive access to the MP3s and daily alerts to your Mobile Device.
To subscribe to the Service, you must first register for the Service online by: (1) providing your Mobile Device telephone number; (2) viewing the text message PIN sent to your Mobile Device by mmp3g™; and (3) confirming your registration by either replying “YES” to the mmp3g™ text message or entering your PIN online at the Website. Following submission and confirmation of your registration, you will become an mmp3g™ member (“Member”) and receive a “Welcome” text message from mmp3gTM reiterating the price and billing frequency associated with the Service. You agree to provide a Mobile Device telephone number that you are authorized to supply to mmp3g™ as a part of registration and to update your Mobile Device telephone number as necessary to maintain it in an up to date and accurate fashion.
Fees will be billed to the number associated with the Mobile Device that you supplied during registration following confirmation of your Service subscription. Once billed to your Mobile Device account, you understand that Fees are non-refundable.
Subscription Service and Fees - Members that purchase the Service shall receive access to the MP3s and daily text alerts on their Mobile Device. The Fees for Membership will be posted at the Website and/or communicated to you through the Service. The applicable Fees will be displayed to you before you can complete your purchase.
By registering for, and confirming your Service subscription, you authorize mmp3g™ to bill the Fees to your mobile telephone invoice or to deduct such Fees from your pre-paid mobile telephone balance, as applicable depending on your selected method of payment. You will be billed the Fees each month until you cancel your Service subscription. If you cancel your Service subscription for any reason, we will not refund any of the Fees previously billed to, or deducted from, your prepaid mobile telephone account, as applicable. Monthly subscribers are billed on a thirty (30) day cycle, which begins on the first day that you sign up for the Service and ends thirty (30) days thereafter (your "Billing Cycle"). Your mobile telephone bill will be charged, or your pre-paid balance will be deducted, as applicable, on the first day of each Billing Cycle. You agree that other charges (WAP, MMS, GPRS, and/or SMS) and taxes may apply to your use of the Service. Please check with your wireless carrier for information on applicable carrier charges and taxes.
You agree that if any attempt to bill you for the Service fails for any reason, including non-payment by you, or invoicing or deduction errors on the part of your wireless carrier, mmp3g™ reserves the right to re-bill you for any outstanding Fees.
Alternative payment plans may be offered from time to time and will be posted on the Website. Your subscription price is posted on the webpage where you signed up and will be contained in the confirmation text message sent to your Mobile Device. We may make certain promotional offers available to attract new Members, in our sole discretion. Any available promotions are not retroactive and existing or former Members are not entitled to such promotions, unless we make a promotion explicitly available to existing Members.
Right to Change Fees - All Fees are subject to change upon notice from mmp3g™. mmp3gTM will provide you with reasonable notice of such change through a service message to your Mobile Device, or by posting the change prominently on the Website. If you do not agree to the new Fees, you will have ten (10) days from such notice to cancel your subscription or the new Fees will take effect. Continued use of the Website and/or Service after such ten (10) day notice period shall constitute your acceptance of such new Fees.
Customer Service- Text ”HELP” to 71422 for information on the Service. You may also contact us toll free at 1-866-459-2040 between 8 am and 8 pm EST, seven (7) days a week or by sending an email to cs@MassiveMp3Giveaway.com.
CANCELLATION & TERMINATION OF THE SERVICE
Cancellation by Mobile Device - You can cancel the Service by sending a text message from your Mobile Device containing only the word ”STOP” to 71422.
Cancellation by E-mail - You can cancel the Service by sending a request to cs@MassiveMp3Giveaway.com.
Cancellation by Phone - You can cancel the Service by calling 1-866-459-2040 toll free between 8 am and 8 pm EST, seven (7) days a week (Excluding holidays).
Cancellation of the Service will take effect and apply to your next Billing Cycle. To prevent incurring future charges, your cancellation request must be received by mmp3g™ at least one (1) day prior to your monthly Billing Cycle start date. For example, if your Mobile Device is billed monthly on the 4th of every month and you cancel on the 10th, you will not be billed for the following month, but your subscription will remain active for the remainder of the month in which you cancelled.
2. Acceptance of Agreement. This Agreement constitutes the entire agreement between you and mmp3g™ with respect to your use of the Website and subscription to the Service and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the use of the Website and Service. mmp3g™ may, from time to time, modify this Agreement and will post a copy of the amended Agreement on the Website. If we make a material change to this Agreement, we will notify you of such material change via text message to your Mobile Device. If you do not agree to the amended Agreement, your only remedy is to stop using the Service and cancel your Membership. The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Service. By your continued use of the Service, you hereby agree to all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this webpage for any updates and/or changes.
3. License Grant. As a Service subscriber, you are granted a limited, non-exclusive, non-transferable license to access and use the Service in accordance with this Agreement. mmp3g™ may terminate this license at any time for any reason, whatsoever. You may use the Service on one (1) Mobile Device for your own personal, non-commercial use. No part of the Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Service, Service content, MP3s or any portion thereof. mmp3g™ reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service. You may not take any action that imposes an unreasonable or disproportionately large load on the mmp3g™ infrastructure. As a Website visitor, your limited license is provided solely for access to the Website in order to obtain information about the Service and to apply for Membership. All rights not expressly granted to you in this Agreement are reserved by mmp3g™ and/or its licensors.
4. Proprietary Rights. The MP3s, content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Service are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Service including, without limitation, the MP3s, is strictly prohibited. You do not acquire ownership rights to any MP3s, content, document, software, services and/or other materials downloaded, previewed and/or viewed through the Service. The posting of MP3s, information and/or material through the Service by mmp3g™ does not constitute a waiver of any right in such information and/or materials.
5. Modifications, Changes to the Service. mmp3g™ reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, without any liability to you or to any third party.
6. Privacy Policy. Use of the Service is subject to our Privacy Policy, which is hereby incorporated into, and made part of, this Agreement, available at: http://www.massivemp3giveaway.com/LegalDocs/mmg_privacy.html
7. Third Party Websites. The Service may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because mmp3g™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that mmp3g™ is not responsible for the availability of such third party websites and/or resources, and/or products or services made available through such third party websites. Furthermore, mmp3g™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
8. Injunctive Relief. You agree that any unauthorized use of the Service would result in irreparable injury to mmp3g™ and/or its affiliates or licensors for which money damages would be inadequate. In such event, mmp3g™, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available to them pursuant to this Agreement, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that mmp3g™, its affiliates and/or licensors may have under separate legal authority.
9. Indemnification. You agree to indemnify, defend and hold mmp3g™ and its parents and subsidiaries, and each of their respective executives, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs, costs of indemnifying third parties and/or reasonable attorneys' fees) arising from or related to: (1) your breach of any provision of this Agreement; (2) your use of the Service, in any manner whatsoever; and (3) any unauthorized use of your Membership.
10. Termination. mmp3g™ may, in its sole discretion, terminate this Agreement and/or suspend your Membership at any time without notice to you, in the event that you breach of (or where mmp3g™ reasonably suspects, in its sole discretion, that you have breached) any provision of this Agreement. If mmp3g™ terminates this Agreement, or suspends your Member account for any of the reasons set forth in this Agreement, mmp3g™ shall have no liability or responsibility to you, and mmp3g™ will not refund any amounts that you have previously paid.
11. DISCLAIMER. THE MP3S, SERVICE AND ASSOCIATED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE MP3S, SERVICE AND/OR ASSOCIATED CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. mmp3g™ HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE MP3S, SERVICE AND ASSOCIATED CONTENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, mmp3g™ IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN mmp3g™ AND YOU. THE MP3S, SERVICE AND ASSOCIATED CONTENT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY AND/OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES AND/OR WORMS CONTAINED WITHIN A FILE MADE AVAILABLE THROUGH THE SERVICE IS EXPRESSLY DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT OBTAINED OR OTHERWISE ACCESSED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
UNDER NO CIRCUMSTANCES SHALL ANY ATRINSIC ENTITY INCLUDING, BUT NOT LIMITED TO, mmp3g™, BE LIABLE FOR ANY USE OF THE MP3S AND/OR SERVICE BY YOU OR ANY THIRD PARTY. OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE FEES THAT YOU HAVE PAID FOR THE SERVICE. NOTWITHSTANDING THE FOREGOING, mmp3g™ SHALL NOT BE LIABLE TO YOU FOR ANY MP3S, SERVICES, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED THROUGH THE SERVICE. CERTAIN JURSDICTIONS AND/OR LAWS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS UNDER SUCH LAWS.
12. Other Restrictions. Currently, the Service is only available to residents of the United States and the District of Columbia. You understand and acknowledge that you may not register for, access, or use the Service from any country other than the United States. You agree to abide by the applicable United States export control laws and any other applicable laws, rules and/or regulations with respect to the MP3s, Service and associated content.
In addition, without limitation, you agree not to:
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Service;
• Post, distribute or reproduce in any way any MP3s, copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
• Remove any copyright, trademark or other proprietary rights or notices contained in association with any MP3s and/or content;
• Interfere with or disrupt the Service or the servers and/or networks connected to the Service;
• "Frame" or "mirror" any part of the Service; and/or
• Use metatags or code or other devices containing any reference to mmp3g™ or the Service in order to direct any person to any other website for any purpose.
13. Equipment. You shall be responsible for obtaining and maintaining all mobile telephone, computer hardware and any and all other equipment needed for access to, and use of, the Service, and all charges related thereto including, without limitation, ensuring that your Mobile Device is fully compatible with the MP3s and/or specific content made available through the Service (e.g. brew, java or polyphonic tone-capable) and participating wireless carrier.
14. Governing Law & Venue. This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles and the Convention on Contracts for the International Sale of Goods). Should a dispute arise concerning the Service and/or the terms and conditions of this Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by applicable law, you agree to waive any right that you may have to participate in any class action litigation involving, related to or arising from the Service. Should any part of this Agreement be held invalid or unenforceable by a competent court, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No relationship other than that of a service provider and customer shall be created through operation of this Agreement.
15. Legal Warning. Any attempt by any individual, whether or not an mmp3g™ Member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Service, is a violation of criminal and civil law and mmp3gTM will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
16. Contact Information.
You may reach an mmp3g™ customer service representative by:
- sending an e-mail to: cs@MassiveMp3Giveaway.com
- calling: 1-800-617-8872
- sending postal mail to:
mmp3g ™ AND MOBILE ALERTS
1 Blue Hill Plaza
P.O. Box 1665
Pearl River, NY
10965
80425364.3