Terms of Use Agreement
Effective August 23, 2006
IMPORTANT: BY PROCEEDING WITH THE COMPLETION OF YOUR PURCHASE OF A MONTHLY
SUBSCRIPTION OR SINGLE DOWNLOAD (THE PURCHASE "PROCESS") YOU AGREE WITH THE
FOLLOWING TERMS AND CONDITIONS AND ACCEPT THE TERMS OF THIS AGREEMENT AS SET
FORTH BELOW. PLEASE READ CAREFULLY.
Welcome to Stripe Mobile Inc. This agreement (the "Agreement") is a contract
between you and Stripe Mobile, Inc. ("stripemobile.com.") and governs your use
of the stripemobile.com Website (defined below), all Downloads (defined below)
and all your activity on the Stripe Mobile Website (hereafter, collectively,
the "Service"). This Agreement constitutes a legally binding agreement between
you and Stripe Mobile, Inc. The Stripe Mobile Website means this web site, as
accessed by the following domain name: StripeMobile.com; as such websites may be amended from time to time, as well as
any co-branded websites. The Stripe Mobile Website does not include any other
web site linked to or from the Stripe Mobile Website. The Stripe Mobile
Website is offered and made available only to users 13 years of age or older.
Users at least 13 years of age but under 18 years of age should obtain parental
permission to use the Stripe Mobile Website. If you are not yet 13 years old,
you must discontinue use of the Stripe Mobile Website immediately because by
using or attempting to use the Stripe Mobile Website, you certify that you are
at least 13 years of age. By clicking yes on the acceptance button on the Stripe
Mobile Website, you warrant and represent that (i) you have read and understood
this Agreement and agree to be bound by its terms and conditions; (ii) you are
at least 18, or are under 18 but at least 13 and have parental permission;
(iii) you are the owner of the Device (as defined below) whose phone number you
are entering, or if you do not own the Device you have explicit permission from
the owner of the Device to use the Device and to enter the phone number for such
Device; and (iv) you are a resident of the U.S. or Canada If you do not agree
to be bound by (or cannot comply with) any of the terms and conditions of this
Agreement, do not complete the Purchase Process or attempt to access the
Service. Your continued use of the Service indicates your knowledge and
acceptance of this Agreement and any subsequent modifications, as may be posted
here from time to time.
NOTICE
Stripe Mobile, Inc. reserves the right at any time and from time to time to
amend, supplement or modify the terms of this Agreement (the "Amendments"). We
will post or display notices of material Amendments on the Stripe Mobile
Website. Once Stripe Mobile, Inc. posts such Amendments on the Stripe Mobile
Website, these Amendments become effective immediately and if you continue to
use the Stripe Mobile Website after they become effective it will signify your
agreement to bound by such Amendments.
DESCRIPTION OF SERVICE
The Service is available at the Stripe Mobile Website and includes everything
on the Stripe Mobile Website that may exist from time to time. Part of the
Service makes available to you downloadable mobile entertainment for delivery
to your Device, such as ringtones, wallpaper, games, applications and graphics
(collectively, the "Downloads"). You will be permitted to send mobile content
to your compatible wireless telephones or other compatible devices owned and
controlled by you (or for which you have explicit permission to do so from the
owner) (the "Device"). We make no representation as to compatibility of your
Device with the Stripe Mobile Website and the Service and you acknowledge and
agree that Stripe Mobile, Inc. shall have no liability for the compatibility or
non-compatibility of your Device with the Stripe Mobile Website and the
Service. You acknowledge and agree that you may not transmit, broadcast, upload
to any computer or mobile device, create derivative works of, or make
commercial use of the Service including, but not limited to, any Download(s).
You may not, or otherwise attempt to (or otherwise authorize, encourage or
support other attempts to) circumvent, re-engineer, decrypt, break or otherwise
alter or interfere with the Service, including but not limited to Download(s).
YOUR OBLIGATIONS
In order to use the Service, you must have a mobile communications subscription
with a participating carrier (a "Carrier") for your Device or otherwise have
access to a mobile communications network for which Stripe Mobile, Inc. makes
the Service available and pay any service fees associated with any such access.
In addition, you must provide all equipment and software necessary to connect
to the Service, including, but not limited to, a mobile hand set or other
mobile access Device that is in working order and suitable for use in connection
with the Service. You are responsible for ensuring that your equipment and/or
software does not disturb or interfere with Stripe Mobile, Inc.ís operations.
Any equipment or software causing interference shall be immediately
disconnected from the Service and Stripe Mobile, Inc. shall have the right to
immediately terminate this Agreement. If any upgrade in or to the Service
requires changes in your equipment or software, you must effect these changes
at your own expense. Unless explicitly stated otherwise, any new or additional
features that augment or enhance the current Service, including the release of
new products and services, shall be subject to the terms and conditions of this
Agreement.
Stripe Mobile, Inc. offers through the Service a defined number of individual
Downloads on a renewable subscription basis depending on the plan you choose
(the "Subscription Plan"). The Subscription Plan between you and Stripe Mobile,
Inc. shall begin when you complete the Purchase Process for a Subscription Plan.
Access to the Service can be provided by delivering to you downloadable mobile
entertainment content of the content category you subscribed to (e.g., by
delivering a ringtone) or by enabling you to download the product (by
delivering a WAP-Push link).
In order to use the Service, you must provide to Stripe Mobile, Inc. your
Device phone number (the "Device Data"). Stripe
You agree that we may rely on the Device Data to provide the Service,
including, without limitation, billing for the Service through your Carrier.
You acknowledge and agree that Stripe Mobile, Inc. shall have no liability
associated with or arising from your failure to maintain current Device Data,
including, but not limited to, your failure to receive critical information.
You agree to indemnify and hold harmless Stripe Mobile, Inc., its partners,
employees, officers, directors, parents, subsidiaries, agents, contractors,
suppliers, affiliates and/or licensors (the "Affiliates") from any improper,
unauthorized or illegal uses of the Device Data or the Device by anyone.
USE OF SERVICE
You may use the Service only in accordance with the terms and conditions of
this Agreement and any Amendments as well as any additional terms that may be
presented from time to time in connection with any particular feature or
function of the Service. The Service is for your non-commercial, non-exclusive,
non-transferable, non-assignable limited personal use.
You understand, acknowledge and agree that the Service, including, without
limitation, all Stripe Mobile Website and Service software, content, design,
text, images, photographs, illustrations, audio and video material, artwork,
graphic material, databases, proprietary information and all copyrightable or
otherwise legally protectible elements of the Service and the Stripe Mobile
Website, including, without limitation, the "look and feel" of the Service and Stripe
Mobile Website, all trademarks, service marks and tradenames (individually
and/or collectively, the "Material") are the property of Stripe Mobile, Inc.
and/or its Affiliates. You understand, acknowledge and agree that the Service,
including, without limitation, the Stripe Mobile Website and the Downloads made
available as part of the Service, are owned by Stripe Mobile, Inc., and/or its
Affiliates, and are legally protected, without limitation, under U. S. Federal
and State laws, as well as applicable foreign laws, regulations and treaties.
Unless the context or service clearly requires otherwise or we explicitly say
so in writing, the term "the Service" includes the Material as well. You must
not alter, delete or conceal any copyright notices or other intellectual
property notice contained on the Service, including notices on any Material you
download, transmit, display, print or reproduce from the Stripe Mobile Website
and/or the Service. Stripe Mobile, Inc. hereby grants to you a limited,
non-exclusive, non-transferable, revocable right to download the Downloads to
your compatible Device solely for your own non-commercial, non-exclusive,
non-assignable, non-transferable and limited personal use and for no other
purposes. You understand, acknowledge and agree that you shall not, nor will
you allow any third party (whether or not for your benefit) to, download,
reproduce, modify, create derivative works from, display, publish, perform,
transfer, broadcast, distribute or otherwise use the Service, including,
without limitation, the Stripe Mobile Website and/or the Downloads except as
expressly provided in this Agreement. You agree that you will take all
reasonable steps to prevent any unauthorized reproduction and/or other use of
the Service including, without limitation, the Stripe Mobile Website and/or the
Downloads. Any unauthorized or prohibited use of the Service and/or the
Material may subject you to civil liability, criminal prosecution, or both,
under applicable federal, state and local laws.
Stripe Mobile, Inc.'s rights to make certain Downloads available to you may
expire. In such event, Stripe Mobile, Inc. does not grant to you the license
necessary to play back any such Downloads after the end of the period in which
such rights expire. If Stripe Mobile, Inc. ceases making any such rights
available, Stripe Mobile, Inc. will not refund any portion of your fees, but
you may contact customer support at the address below to receive appropriate
replacement Downloads, at Stripe Mobileís sole discretion.
CHARGES / BILLING
You authorize Stripe Mobile, Inc. to charge the appropriate fees directly to
your Carrier invoice for your Device, as selected by you, and if you select the
Subscription Plan, you authorize the continued billing by Stripe Mobile, Inc.
each month until you cancel such subscription. If any of your billing
information changes (e.g. Device Data or Carrier), you can contact Stripe
Mobile at 1-866-966-4003 or support@Stripe
Mobile.com. If you cancel your Subscription Plan for any reason, Stripe
Mobile, Inc. will not refund any of your fees paid to date and any remaining
Downloads in the cancelled Subscription Plan may be used during the then
current month of the Subscription Plan but not thereafter, at Stripe Mobileís
sole discretion.
At the point of purchase (after you select specific content IDs to be sent to
your Device), you will be offered the option of either a single purchase sale
or a subscription and will be billed accordingly. To cancel a plan, (1) text STOP, END, QUIT, CANCEL, UNSUBSCRIBE to 85224 or (2) contact Stripe Mobile at 1-866-966-4003
or support@Stripe Mobile.com.
All fees are subject to change.
OBJECTIONABLE OR EXPLICIT CONTENT
You and the owner of the Device acknowledge and agree that Stripe Mobile, Inc.
is not liable to anyone for any content or materials constituting all or part
of any Download or any other aspect of the Service that anyone might find
objectionable or contain explicit sexual content, and you and the owner of the
Device release Stripe Mobile, Inc. from any and all liability related thereto.
INTERNATIONAL CONSIDERATIONS
The Service and the Stripe Mobile Website are designed and targeted to North
American audiences and are governed by and operated in accordance with Canadian
laws. We make no representation that the Service and the Stripe Mobile Website
are operated in accordance with the laws of other nations. If you are located
in the European Union or elsewhere outside of the U.S and
PRIVACY
For additional information regarding Stripe Mobile, Inc.'s use of information
collected in connection with the Service, please refer to Stripe Mobile, Inc.'s
Privacy Policy, a copy of which is available on the Stripe Mobile Website.
COPYRIGHT INFORMATION
Stripe Mobile, Inc. respects the intellectual property rights of others, and it
expects you to do the same. If you know of or suspect that any use of the
Service or the Downloads constitutes copyright infringement, please promptly
send a notice to the Stripe Mobile, Inc. customer service representative by
email at: support@Stripe Mobile.com.
If Stripe Mobile, Inc. (a) receives a notice alleging that you have engaged in
infringing behavior or (b) reasonably suspects that your use of the Service
including, without limitation, the Downloads violates Stripe Mobile, Inc.'s or
others' intellectual property rights, Stripe Mobile, Inc. may, in its sole
discretion, suspend or terminate your use with or without notice to you. If Stripe
Mobile, Inc. suspends or terminates your Stripe Mobile use under this
paragraph, you acknowledge and agree that Stripe Mobile, Inc. shall have no
liability or responsibility to you, and Stripe Mobile will not refund any
portion of your fees paid to date.
TRADEMARK
All trademarks, service marks, trade names, domain names, slogans, logos, and
other indicia of origin that appear on or in connection with the Service (the
"Marks") are the property of Stripe Mobile, Inc. and/or its Affiliates. You may
not copy, display or use any of these Marks without the prior written
permission of Stripe Mobile, Inc., at its sole discretion.
INTELLECTUAL PROPERTY RIGHTS Except as otherwise set forth herein, all
right, title and interest in and to any intellectual property, proprietary
rights or other rights related to intangible property which are used,
developed, comprising, embodied in, or practiced in connection with the Service
and/or the Stripe Mobile Website ("Stripe Mobile, Inc. Intellectual Property
Rights") are owned by Stripe Mobile, Inc. and/or its Affiliates, and you agree
to make no claim of interest in or ownership of any such Stripe Mobile, Inc.
Intellectual Property Rights. You acknowledge and agree that no title to the Stripe
Mobile, Inc. Intellectual Property Rights is transferred to you, and that you
do not obtain any rights, express or implied, in the Service and/or the Stripe
Mobile Website, other than the rights expressly granted in this Agreement.
NO RESALE
In addition to the restrictions set forth above, you acknowledge and agree that
you may not copy, distribute, sell, resell or exploit any portion of the
Service and/or the Stripe Mobile Website including, without limitation, any
Downloads accessible on or through the Service.
PROMOTIONS AND ADVERTISING
Stripe Mobile, Inc. and/or its Affiliates may present advertisements and
promotional materials on or through the Service and the Stripe Mobile Website.
Your participation in any such Stripe Mobile promotional event is subject to
any additional terms and conditions associated with that event as described on
the Stripe Mobile Website, as may be applicable. Your correspondence or
business dealings with, or participation in promotions of, any third-party
advertisers on or through the Service and the Stripe Mobile Website, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such third-party. You acknowledge and agree that neither
Stripe Mobile, Inc. nor its Affiliates shall be responsible or liable, directly
or indirectly, for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such third parties on the
Service and/or the Stripe Mobile Website.
LINKS TO THIRD-PARTY SITES
The Service and the Stripe Mobile Website may present links to retailers and/or
other third-party websites not owned or operated by Stripe Mobile, Inc. (the
"Third Party Websites"). These links are provided only as a convenience to you.
Neither Stripe Mobile, Inc. nor its Affiliates are responsible for the
availability of such Third Party Websites or their contents. You understand and
agree that neither Stripe Mobile, Inc. nor its Affiliates are responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with your use of or reliance on any content of any
such site or goods or services available through any such site. You should
direct any concerns regarding these Third Party Websites to those sites'
administrators.
MODIFICATIONS TO SERVICE
Stripe Mobile, Inc. reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service and the Stripe
Mobile Website (or any part thereof) without notice to you at Stripe Mobile,
Inc.ís sole discretion. You agree that neither Stripe Mobile, Inc. nor its
Affiliates shall be liable to you or to any third party for any modification,
suspension or discontinuance of the Service and/or the Stripe Mobile Website.
REMEDIES
You understand and agree that any unauthorized use of the Service and the Stripe
Mobile Website including, without limitation, the Downloads would result in
irreparable injury to Stripe Mobile, Inc. and its Affiliates for which money
damages would be inadequate, and in such event Stripe Mobile, Inc. and/or its
Affiliates, as applicable, shall have the right, in addition to other remedies
available at law and in equity, to immediate injunctive relief against you.
Nothing contained in this paragraph or elsewhere in this Agreement shall be
construed to limit the remedies or relief available pursuant to statutory or
other claims that Stripe Mobile, Inc. or its Affiliates may have under separate
legal authority, including but not limited to any claim for intellectual
property infringement.
INDEMNITY
You agree to and do hereby indemnify and hold harmless Stripe Mobile, Inc. and
its Affiliates from and against any and all claims, actions, demands, causes of
action and other proceedings arising from or concerning your use of the Service
and the Stripe Mobile Website, including the Downloads (collectively "Claims"),
and agree to reimburse them on demand for any losses, costs, judgments, fees,
fines and other expenses they incur (including reasonable attorneys' fees and
court costs) as a result of any Claims.
TERMINATION, CANCELLATION AND PLAN CHANGES You understand and agree that
Stripe Mobile, Inc. may in its sole discretion terminate this Agreement or
suspend your access to your Subscription Plan at any time for any reason at its
sole discretion. If Stripe Mobile, Inc. terminates this Agreement, or suspends
your use it shall have no liability or responsibility to you, and Stripe Mobile,
Inc. will not refund any portion of your paid fees. You understand and agree
that your cancellation of your use of the Service is your sole right and remedy
with respect to any dispute with Stripe Mobile, Inc. This includes, but is not
limited to, any dispute related to or arising out of: (1) any term of this
Agreement or Stripe Mobile, Inc.'s enforcement or application of the same; (2)
any policy or practice of Stripe Mobile, Inc., including its Privacy Policy or Stripe
Mobile, Inc.'s enforcement or application of such policies or practices; (3)
the Stripe Mobile Website and the Downloads; (4) your use of and/or ability to
access and use the Service; and (5) the amount or type of fees, surcharges,
applicable taxes, billing methods, or any change to the fees, applicable taxes,
surcharges or billing methods. You can cancel your account by delivering notice
to STRIPE MOBILE at support@Stripe
Mobile.com or at 1-866-966-4003 or by contacting your Device Carrier.
DISCLAIMERS
You understand and agree that your use of the Service including, without
limitation, the Stripe
UNDER NO CIRCUMSTANCES SHALL STRIPE
UNDER NO CIRCUMSTANCES SHALL STRIPE MOBILE INC. AND/OR THE AFFILIATES, AS
APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY
TO USE THE SERVICE INCLUDING, WITHOUT LIMITATION, THE DOWNLOADS AND/OR THE STRIPE
MOBILE WEBSITE, EVEN IF STRIPE MOBILE INC. AND/OR THE AFFILIATES, AS
APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON
DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN,
INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, STRIPE MOBILE
INC. AND/OR THE AFFILIATES, AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM
DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN
EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT
SHALL SUCH DAMAGES OR LIABILITY EXCEED $100.
LAW AND LEGAL NOTICES
This Agreement and any Amendments, terms or documents referred to herein
represent your entire Agreement with Stripe Mobile, Inc. with respect to your
use of the Service including, without limitation, the Stripe Mobile Website
and/or the Downloads. You understand and agree that, except as expressly set
forth herein, this Agreement is not intended to confer and does not confer any
rights or remedies upon any person other than the parties to this Agreement and
the Affiliates. If any part of this Agreement is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect.
Stripe Mobile, Inc.ís failure to pursue any available claim or defense pursuant
to this Agreement or otherwise will not be a waiver of such claim or defense.
No waiver of any provision of this Agreement shall be effective unless it is in
writing and signed by an authorized representative of Stripe Mobile, Inc. The
remedies of Stripe Mobile, Inc. and/or the Affiliates under this Agreement
shall be cumulative and not alternative, and the election of one remedy for a
breach shall not preclude pursuit of other remedies. The failure of a party, at
any time or from time to time, to require performance of any obligations of the
other party hereunder shall not affect its right to enforce any provision of
this Agreement at a subsequent time, and the waiver of any rights arising out
of any breach shall not be construed as a waiver of any rights arising out of
any prior or subsequent breach.
Except as otherwise set forth herein, your rights under this Agreement are not
assignable or transferable. You agree not to resell or transfer the Service
including, without limitation, the Downloads or any portion thereof. The
headings used in this Agreement are for convenience only, and will have no
effect on the interpretation or legal enforceability of the terms herein.
The laws of the province of Alberta, excluding its
conflicts-of-law rules, govern this Agreement and your use of the Service
including, without limitation, the Stripe Mobile Website and the Downloads. You
expressly agree that the courts in Alberta have exclusive jurisdiction over any claim or dispute with Stripe Mobile, Inc.
or relating in any way to your account or your use of the Service including,
without limitation, the Stripe Mobile Website or the Downloads. You further
agree and expressly consent to personal jurisdiction over you in Alberta courts in connection with any such dispute including any claim involving Stripe
Mobile, Inc. or its Affiliates.
Please direct any questions concerning the Stripe Mobile Website, the Service
or any other Stripe Mobile, Inc. related issue, to a Stripe Mobile, Inc.
customer service representative by e-mail at: support@Stripe Mobile.com. Except as
expressly provided otherwise herein, all notices to Stripe Mobile, Inc. shall
be in writing and delivered via overnight courier or certified mail, return
receipt requested to:
Stripe Mobile, Inc.
606, 816 7th Avenue,S.W.
Calgary, Alberta
Canada
Stripe Mobile, Inc. shall serve notices related to this Agreement by posting them on the Stripe Mobile Website or as a text message to your Device. Notices posted on the Stripe Mobile Website or sent as a text message shall be deemed received on the weekday following the day when they were posted or sent.
THIS AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE.
Copyright 2006 Stripe Mobile, Inc. All Rights Reserved.