9 Squared, Inc., a wholly owned subsidiary of Monstermob Group plc., ("9 Squared") welcomes and thanks you for joining The Mob (MOB)!
By registering for MOB membership you agree to be bound by this Member Agreement and 9 Squared rules and policies, including the Terms of Use and Privacy Policy. You also agree to transact electronically with 9 Squared.
THE MOB SERVICES ARE ONLY AVAILABLE TO AT&T, T-Mobile ®, SPRINT AND VERIZON WIRELESS SUBSCRIBERS. THE MOB SERVICES AND SOME CONTENT ARE NOT AVAILABLE FOR ALL MOBILE DEVICES. AS THE MOB MEMBERSHIP FEE IS NON-REFUNDABLE, PLEASE CHECK THE COMPATIBILITY OF YOUR MOBILE DEVICE BEFORE JOINING THE MOB. ALL PHONES MUST HAVE INTERNET ACCESS AND OTHER CAPABILITIES. PLEASE USE THE COMPATIBILITY TEST IF YOU ARE UNSURE OF YOUR DEVICE'S CAPABILITIES.
ADDITIONAL TAXES AND MOBILE NETWORK OPERATOR TEXT MESSAGING AND OTHER FEES MAY APPLY TO YOUR USE OF THE MOB SERVICES AND CONTENT. PLEASE REFER TO YOUR MOBILE NETWORK OPERATOR FOR THE SPECIFIC FEES AND RATES THAT APPLY.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, DOWNLOAD AND/OR CONTENT IS FOR YOUR PERSONAL USE ON THE MOBILE DEVICE DESIGNATED DURING THE DOWNLOAD. CONTENT IS NOT TRANSFERABLE BETWEEN MOBILE DEVICES FOR ANY REASON. IF YOU ACTIVATE A NEW MOBILE DEVICE, DOWNLOADS MUST REPURCHASED AND DOWNLOADED, EVEN IF YOUR ACCOUNT AND/OR MOBILE PHONE NUMBER HAS REMAINED THE SAME.
ALL DOWNLOADS SHALL EXPIRE THIRTY (30) DAYS AFTER PURCHASE AND NO REFUNDS WILL BE GIVEN FOR EXPIRED DOWNLOADS.
ALL REFUNDS SHALL BE IN THE FORM OF MOB SERVICE CREDIT. 9 SQUARED WILL NOT ISSUE ANY OTHER FORM OF REFUND.
1. ABOUT THE MOB TERMS OF SERVICE
This Member Agreement, the Terms of Use and the Privacy Policy collectively make up the Terms of Service. The Terms of Service govern your MOB membership and your use of the MOB Services (as defined below). Certain features and services offered to MOB members contain additional terms or guidelines that supplement this Member Agreement and will govern the use of those services. Additional terms and restrictions may apply.
2. DEFINITIONS
9 Squared will use the following terms in this Member Agreement:
a. Account. The user account you open when you register for MOB membership through which you obtain access to the MOB Services.
b. MOB Online Service. The website(s) MOB members access to download Content for use on hand-held computers and mobile devices.
c. MOB Services. The MOB Online Service and Application and all other websites, services and products offered to MOB members.
d. Content. Information, software, games, communications, photos, video, graphics, ringtones, realtones, FlixTones, sound effect tones, wallpapers and other materials provided by or through the MOB Services.
e. Application. Any software made available to MOB members that enables you to access and use MOB Online Services.
f. Supplier Any third-party distributor of MOB Services, any third-party provider of Applications for MOB Services, and any third-party provider of Content for MOB Services and any third-party telecommunications provider.
3. QUALIFICATIONS FOR MEMBERSHIP
You must be a resident of the U.S. and at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of the MOB Services. If you are under 18 but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he or she must agree to enter into this Agreement on your behalf. By using the service you are indicating your acceptance to this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the MOB Services, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not attempt to access the MOB Services. 9 Squared reserves the right to limit you to one free trial or promotion that cannot be combined with other offers.
4. REGISTRATION FOR MEMBERSHIP
You must register in your own name and provide true and current information. 9 Squared will open an Account for you when you complete your registration. You will select a user name that will be identified with your Account. You can use this user name to log on to MOB Services. User names may not be vulgar, used by someone else, or impersonate someone else. 9 Squared in its sole discretion may reject the use or assignment of a user name. All MOB user names affiliated with your Account are the property of 9 Squared and, at 9 Squared's sole discretion, expire upon the cancellation or termination of your Account.
5. YOUR RESPONSIBILITY FOR USE OF YOUR ACCOUNT
You are responsible for all activity on your Account. You and your Account may be subject to disciplinary action or termination if your Account is used inappropriately. You agree to comply with all applicable laws, rules and regulations regarding your membership and use of MOB Services. You agree to abide by the Terms of Service and you acknowledge that 9 Squared has the right to enforce them in its sole discretion. 9 Squared may take any action against your Account, ranging from a warning to termination, if you or anyone using your Account violates the Terms of Service. 9 Squared is not required to provide notice prior to terminating your Account. You agree to keep confidential the passwords associated with your Account and passwords that you use with all other MOB Services. You agree to indemnify and hold harmless 9 Squared for losses incurred by 9 Squared or another party due to someone else using your Account or password as a result of your failure to use reasonable care to keep your Account information confidential.
6. BILLING AND CHARGES
a. Information about charges and fees
Upon enrollment, you agree to pay 9 Squared a monthly Mob membership fee of $9.99 by credit card or through your mobile communications network provider bill through all months until your MOB membership is cancelled or terminated. Upon payment of the fee, you will receive 16 credits to purchase Content through the Mob Services. This monthly fee will appear on your mobile communications network bill or credit card statement. Every thirty (30) days, you subscription will be automatically renewed and new credits will be added to your Account. Monthly credits are valid during thirty (30) day cycles and may not coincide with the calendar month. Monthly credits not used during any thirty (30) day billing cycle expire and will not carry-over to the next thirty (30) day cycle. Additional fees may apply when you subscribe to or purchase other supplemental or premium services. All charges are nonrefundable unless provided otherwise in your subscription plan. Your payment obligations begin when you become a MOB member, including memberships initiated through a free trial or other promotion. You may cancel your Account at any time by providing us notice as provided herein. If you download Content in excess of the number of available credits in any given billing cycle, 9 Squared will charge your initial method of payment for the Content.
Content is charged when sent to your mobile device, even if the Content is not saved or is purposely discarded. If you purchase a new mobile device or otherwise replace your mobile device, any previously downloaded Content must be downloaded and purchased again.
You may contact a 9 Squared customer service representative at (720) 889-0014 for any billing questions.
b. Your payment responsibilities
You must select a payment method to pay 9 Squared for membership fees and all purchases made for MOB Services. You must give 9 Squared accurate billing and payment information and keep this information up-to-date. 9 Squared will bill you through your Account that is assigned to your user name. You agree to pay 9 Squared for all charges incurred under your Account, including all applicable taxes, fees and surcharges. You authorize 9 Squared to charge your designated payment method for these charges. If 9 Squared does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by 9 Squared.
Every time you use an MOB Service, you reaffirm that (i) 9 Squared is authorized to charge your designated payment method; (ii) 9 Squared may submit charges incurred under your Account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated.
After 30 days from the date of any unpaid charges, your Account will be deemed delinquent and 9 Squared may terminate or suspend your Account for nonpayment. 9 Squared reserves the right to assess an additional 1.5 percent (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due and to use alternate means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees incurred by 9 Squared in its efforts to collect any remaining balances from you.
You are responsible for all charges incurred under your Account, including applicable taxes, fees, surcharges and purchases made by you or anyone you allow to use your Account (including your children, family or friends).
You must notify 9 Squared about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to 9 Squared's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
c. PROBLEMS WITH DOWNLOADS
If a download is unsuccessful or if you have any difficulties downloading Content, you must contact 9 Squared. 9 Squared shall attempt to re-deliver the Content or issue a credit for an unsuccessful download. 9 Squared will not credit you for Content that is re-sent unless you have first contacted 9 Squared customer service. 9 Squared does not issue cash or credit card refunds for any Content. However, 9 Squared may, in its sole discretion, issue credits to you for unsuccessful or problematic downloads.
7. CHANGES TO THE SERVICE
9 Squared in its sole discretion may change or discontinue any or all aspects of the MOB Services without notice, including access to support services, Content and other products or services ancillary to the MOB Services or MOB membership.
9 Squared may modify the Terms of Service, change its fees and change its billing methods at any time. 9 Squared will provide you with notice of any change in pricing or material changes to the Terms of Service by posting such changes on the MOB Online Service. If you disagree with any proposed change, your sole remedy is to cancel your membership before such change takes effect. Otherwise, you will be bound by the revised terms if you keep your membership. 9 Squared will not refund any charges if you choose to cancel your membership for this reason.
8. CONTENT
a. Your Use of Content as a MOB Member
You agree to use the Content in accordance with the Terms of Service. 9 Squared, its affiliates and Suppliers who lawfully post Content on MOB Services own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by 9 Squared or Supplier. You agree that you will not take any action to interfere with 9 Squared's or its Supplier's ownership of or rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may use any Content available on the MOB Services, but only for personal, non-commercial purposes You may be given the opportunity to download certain Content, but you may do so only to the extent as authorized for that particular Content and only for your personal use. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work.
d. Exporting of Content or Software
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Software subject to restrictions under such laws to a national destination prohibited under such laws (currently, Cuba Iran, Iraq, Libya, North Korea, Sudan and Syria or national thereof), or to any person or entity prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to 9 Squared any data or software that cannot be exported without prior written government authorization and notification of 9 Squared, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Member Agreement.
9. LICENSE
9 Squared and the Suppliers grant you a personal, non-exclusive, non-transferable, limited license to download the Content on one (1) hand- held computer or mobile device. You agree to use the Content in accordance with the Terms of Use.
You may only use the Software to access and use MOB Services. You may not copy the Software. You may not sell the Software or incorporate it (or any portion of it) into another product. You may not reverse engineer, decompile or disassemble the Content or Software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the Content or Software in any way or remove proprietary notices in the Content or Software. You agree to abide by all laws and regulations in effect regarding your use of the Content or Software and the MOB Services. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph.
10. DISCLAIMER OF WARRANTIES
YOUR USE OF MOB SERVICES, CONTENT, SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. THE MOB SERVICES, CONTENT AND SOFTWARE ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, 9 SQUARED AND THE SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE MOB SERVICES AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. 9 SQUARED AND THE SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR MOB SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR MOB SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR MOB SERVICES WILL BE CORRECTED. 9 SQUARED AND THE SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, MOB SERVICES, OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 9 SQUARED OR A 9 SQUARED AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. 9 SQUARED PROVIDES THE MOB SERVICES AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE MOB SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT 9 SQUARED WILL HAVE ADEQUATE CAPACITY FOR THE MOB SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
11. LIMITATION OF LIABILITY
9 SQUARED'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY CONTENT OR SOFTWARE PROVIDED OR USED BY 9 SQUARED SHALL BE THE REPLACEMENT OF ANY 9 SQUARED CONTENT OR SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH 9 SQUARED IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 15. IN NO EVENT SHALL 9 SQUARED'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE MOB SERVICES EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC MOB SERVICE AT ISSUE.
9 SQUARED AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE MOB SERVICES, CONTENT, SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH 9 SQUARED. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF 9 SQUARED HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, 9 SQUARED AND ITS SUPPLIERS LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT FOR OFFERS EXPRESSLY MADE OR GUARANTEED BY 9 SQUARED, 9 SQUARED AND ITS SUPPLIERS DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH 9 SQUARED AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
12. INDEMNIFICATION
Upon a request by 9 Squared, you agree to defend, indemnify and hold harmless 9 Squared and its Suppliers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of the Terms of Service for which you are responsible or from the use of MOB Services, Content or the Internet, or in connection with your transmission of any Content on MOB Services. 9 Squared reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for 9 Squared in that matter.
13. TERMINATION
9 Squared may terminate your membership at any time. You may terminate your membership at any time by texting "STOP" to 96000 and following the instructions provided in the returned text message, calling (866) 272-9292, or sending notice by mail to: 9 Squared, Inc., THE MOB TERMINATION, 2128 15th Street, 2nd Floor, Denver, CO 80202.
Except as otherwise provided in Section 11 above, cancellation of your Account is your sole right and remedy with respect to any dispute with 9 Squared. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Member Agreement or 9 Squared's enforcement or application of this Member Agreement; (2) any policy or practice of 9 Squared, including the Terms of Service, or 9 Squared's enforcement or application of these policies; (3) the Content available on MOB Services or any change in Content provided by 9 Squared; (4) your ability to access and/or use the MOB Services; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
In the event that your Account is terminated or canceled, any remaining credits will be available for the remainder of your subscription billing cycle. Upon termination or cancellation, any remaining credits are forfeited upon the expiration of the current billing cycle. Charges are non-refundable and are not pro-rated. Active MOB members may not allow former MOB members whose memberships have been terminated to use their Accounts.
14. GENERAL LEGAL TERMS
This Member Agreement, the terms provided at registration and billing terms posted on the MOB Online Service, and the Terms of Service constitute the entire and only agreement regarding your MOB membership and your Account. This Member Agreement supersedes all representations, agreements and other communications regarding your membership. Only 9 Squared can amend this Member Agreement by posting the changes on the MOB Online Service. If any term of this Member Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the term shall be considered to be stricken from this Member Agreement as if it had not been included from the beginning and the remainder of the Member Agreement enforced according to its terms.
You agree that this Member Agreement is not intended to confer and does not confer any rights or remedies from 9 Squared upon any person other than you. You also agree that the Terms of Service, including 9 Squared's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.
a. Choice of Law; Choice of Forum
The laws of the state of Colorado, excluding its conflicts-of-law rules, govern this Member Agreement and your membership. You expressly agree that exclusive jurisdiction for any claim or dispute with 9 Squared or relating in any way to your membership or your use of the MOB Services resides in the courts of Colorado and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Colorado in connection with any such dispute including any claim involving 9 Squared or MOB Services. The foregoing provision may not apply to you depending on the laws of your jurisdiction. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
b. Electronic Delivery Policy and Your Consent
By affirmatively signing up for an MOB Service, you consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with any MOB Service electronically from 9 Squared (collectively, Notices). You agree that 9 Squared generally can send you electronic Notices by (i) e-mail, and/or (ii) by pop up notice on an MOB Service and/or by (iii) posting the Notices on a main page or channel page of the relevant service. You agree that certain supplemental, premium or enhanced services made available to MOB members may also have their own Notice procedures. The delivery of any Notice from 9 Squared is effective when sent by 9 Squared, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive notices electronically by calling or by sending a fax or letter to 9 Squared's Customer Service at the address and phone number listed below; however, if you choose to withdraw consent, 9 Squared may terminate your membership and subscriptions to any MOB Services. All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
c. Contact Information
9 Squared, Inc.
The Mob
2128 15th Street, 2nd Floor
Denver, CO 80202
Email: contactus@9squared.com
Telephone: (866) 272-9292
Facsimile: (720) 889-0016
d. Privacy Policy
The 9 Squared Privacy Policy explains how 9 Squared collects, uses, and discloses personal information in connection with your MOB membership, as well as the choices 9 Squared gives you about such uses and disclosures. By your affirmative act of either registering for MOB as a new member, or registering for a MOB Service, or continuing to use the MOB Services following your registration, you authorize the collection, use, and disclosure of personal information by 9 Squared as provided for under 9 Squared's then-current Privacy Policy.
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