MINIMUM AGE REQUIREMENT
LICENSE AGREEMENT AND RIGHTS
Your use of the Site or any of the services available through the Site constitutes your acknowledgement that the Content and the Software contain proprietary and confidential information and that such proprietary and confidential information is protected by all applicable local, state, federal and international intellectual property and other laws. In addition, your use, whether authorized or not, of the Content or Software constitutes your acknowledgement that the Content or Software of Drop In Media, LLC or that of third parties available through the Site contains protected proprietary information, copyrights, trademarks, trade names, service marks, patents, or other intellectual property rights owned by the respective owner of such Content or Software. 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 Content, the Software, the Site or any portions thereof without the express prior written permission of Drop In Media, LLC or other applicable third parties.
You may not download, install or use any Content or Software 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 Content or Software is expressly prohibited by law. You acknowledge that the Content, Software, 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.
You shall not use the Site in any manner that could damage, disable, overburden, or impair any Drop In Media, LLC’s service(s) or interfere with any other party’s use or enjoyment of any Drop In Media, LLC service(s). You may not attempt to gain unauthorized access to any Drop In Media, LLC service(s) or accounts not registered to you, or computer systems or networks connected to any Drop In Media, LLC service(s) through hacking or any other means. Drop In Media, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, with or without cause and without notice.
Some content, materials, services and links on the Site may not be appropriate or available for use in all jurisdictions, particularly some jurisdictions outside of the United States. Accessing any such content, materials, services or links 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 Drop In Media, LLC is 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.
TEXT CHAT SERVICE
All chat services are monitored for content; however, Drop In Media, LLC does not accept responsibility for actions taken by users. Certain text chat services employ operators who are paid to participate. For support, email us at support AT 50501.mobi, call us at 1 (888) 712-6944, or text HELP to the shortcode used to participate in the program. To stop chatting, send STOP in a text message to the shortcode used to participate in the program. Chat services are charged on a per message or subscription basis. The fee for the chat service will depend on the service and your telecommunication carrier (“Carrier”). Charges will appear on your cellular phone bill. Message and data rates may apply.
MMS ALERTS SERVICE
Your monthly text alert subscription will be automatically renewed if not unsubscribed. For support, email us at support AT 50501.mobi, call us at 1 (888) 712-6944, or text HELP to the shortcode used to participate in the program. To unsubscribe, send STOP in a text message to the shortcode used for connection. Charges will appear on your cellular phone bill. Message and data rates may apply.
PURCHASES AND PAYMENTS
The price of any product, including software, or service purchased through the Site will be the price specified at the time of your purchase. Prices for all products and services 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 or Content are subject to change at any time.
Your purchase of Software or other Content through the Site 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 services available on the Site 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 products or services ordered through the Site.
Drop In Media, LLC reserves the right to collect applicable taxes and impose premium surcharges for certain features on the Site.
You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Site.
Drop In Media, LLC will notify your Carrier in the event downloaded Content or Software from the Site is either defective or not received due to an error by Drop In Media, LLC (“Drop In Media, LLC Error”). Drop In Media, LLC assumes no liability for purchaser error, trial versions, Software 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 the any and all activity that occurs under your account. You agree to immediately notify Drop In Media, LLC of any unauthorized use of your account or device used to access the Site. Drop In Media, LLC reserves the right to refuse refunds for any and all activity that occurs under your account prior to your notice to Drop In Media. Drop In Media, LLC 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. Drop In Media, LLC may, however, hold you liable for losses incurred by Drop In Media, LLC as a result of someone else using your account.
Refunds for Drop In Media, LLC Errors will be handled pursuant to the refund policies and procedures of your Carrier. Drop In Media, LLC shall not be liable for any errors on billing statements issued to you by your Carrier.
In no event shall Drop In Media, LLC be liable for any defects or other problems associated with downloads or purchases through the Site after a period of thirty (30) calendar days has expired from the date of such download or purchase, as applicable.
Use of a particular product or service on the Site may require opening a subscription account. Subscriptions may be available on a one time or monthly basis.
You may cancel your subscription at any time by contacting your Carrier. 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.
LIMITATION OF LIABILITY AND WARRANTY
This disclaimer of Drop In Media, LLC’s 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 Site, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Drop In Media, LLC 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 Site. You acknowledge that Drop In Media, LLC is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content on the Site. You further acknowledge and accept full responsibility for any risk of injury from the foregoing. Drop In Media, LLC shall not be liable for any termination, cessation, interruption, cancellation or compromise of your password, account, access to the Site, the Content or the Software, whether temporary or permanent. Drop In Media, LLC hereby reserves the right to terminate your access to your password, account, the Site or any Content or Software thereon or any portions thereof and bar any further access to the same by you for any reason and without prior notice to you. Drop In Media, LLC is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site; or for any delays, inaccuracies, errors, or omissions arising out of your use of the Site; or with respect to the Content, Software or other material contained on the Site, including without limitation, any material posted by Drop In Media, LLC or any third party on the Site.
Neither Drop In Media, LLC nor any of its affiliates shall have any liability to you for usage charges related to any device that you use to access the Site or to use Drop In Media, LLC’s services, 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.
YOU AGREE THAT ALL INFORMATION, SOFTWARE, CONTENT, PRODUCTS, SERVICES AND RELATED MATERIALS CONTAINED WITHIN THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DROP IN MEDIA, LLC AND ITS 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, DROP IN MEDIA, LLC MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL DROP IN MEDIA, LLC BE LIABLE FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT, SOFTWARE OR OTHER INFORMATION ON THE SITE, OR FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Drop In Media, LLC MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES . DROP IN MEDIA, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE CONTENT, SOFTWARE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING THE CONTENT AND SOFTWARE OR THE SERVER(S) ON WHICH THE SITE 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 DROP IN MEDIA OR ANY OF ITS EMPLOYEES. DROP IN MEDIA, LLC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD PARTY CONTENT ON THE SITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS SITE, NOR DOES DROP IN MEDIA, LLC WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY SITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
NEITHER DROP IN MEDIA, LLC NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE, THE CONTENT OR THE SOFTWARE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND SOFTWARE ON THE SITE.
Any personal information you provide to Drop In Media, LLC is used solely to provide services you have requested, or to enhance your experience while visiting us.
Drop In Media, LLC will not sale, share or rent your personal information to a third party for commercial purpose other than providing you the requested services. Drop In Media, LLC will take reasonable precautions to protect your personally identifiable information from loss, misuse, or alteration. However, Drop In Media, LLC will cooperate with law enforcement officials where required by law, or to protect or defend the rights or property of Drop In Media, LLC or its affiliated companies.
The Site may contain links to other websites or WAP sites, provided by third parties. Drop In Media, LLC is 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.
All Content, Software, Images, and other materials published on the Site or by Multimedia Alerts are protected by copyright, and owned or controlled by or licensed to Drop In Media, LLC, 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 Site 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, Drop In Media, LLC and its licensors of the Site materials do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information. All content provided by Drop In Media, LLC is Copyright © 2012 Drop In Media, LLC, unless specified otherwise. ALL RIGHTS RESERVED.
GOVERNING LAW; MISCELLANEOUS
STATUTE OF LIMITATIONS
Subject to Section I, you may terminate your access to the Site, the Software, the Content or services at any time by sending END, STOP or QUIT to the shortcode you used to sign up for the product or service.