Terms Effective July 20, 2011
IMPORTANT: IN PROCEEDING WITH THE COMPLETION OF YOUR REGISTRATION, YOU AGREE WITH THE TERMS AND CONDITIONS AS STATED BELOW AND ACCEPT THE TERMS OF THIS AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. PLEASE CONTACT CUSTOMER SERVICE WITH ANY QUESTIONS. THANK YOU.
NOTICE
Guppy Media collects personally identifiable information when you register for a Guppy Media account, when you use certain Guppy Media products or services, when you visit Guppy Media pages, and when you enter promotions or sweepstakes. Guppy Media may at any time amend, supplement or modify the terms of this Agreement, and will post a copy of such amended Agreement at www.Guppy Media.com. You must be at least thirteen (13) years of age to use the Guppy Media Services (as defined below). By providing information to Guppy Media through the account registration page for new customers or any other part of the Guppy Media websites, you represent to Guppy Media that you are 13 years of age or older. If you are between 13 and 18, you represent that you received parental permission both to complete the registration process and to download content to your cell phone. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not continue the registration process or attempt to access any part of the Service. Guppy Media reserves the right to deny registration of any individual to the Guppy Media Services and to deny access to any or all of the Guppy Media websites.
DESCRIPTION OF SERVICE
Guppy Media provides mobile content delivery services that allow you to download a variety of mobile entertainment content (the Downloads) to your compatible mobile telephone or other device (a "Device") which you own or have control over, or for which you have permission to use and to incur charges for (the "Services"). Once properly registered and after confirmation of billing through your mobile carrier (the "Carrier"), you will be permitted to download to compatible Devices certain Downloads through the Service. We make no representation as to compatibility of your Device with the Services or any Downloads. From time to time, Guppy Media may send additional messaging via SMS to your Device related to third party offers that either originated from Guppy Media or a third party partner to Guppy Media. As the subscriber, you maintain an option to either respond to the offer or not. In cases of third party offers, these will be labeled as such. With any text messaging that Guppy Media sends, there will always be an opportunity to the end users to opt?out.
YOUR REGISTRATION OBLIGATIONS
In order to use the Service, you must register and provide certain information (e.g., your password, wireless Device number, and wireless Carrier) to Guppy Media ("Registration Data"). You agree that you will use the Service only in the country where you currently reside. You agree to provide current, complete, and accurate Registration Data at the time you register and that you will update your Registration Data as necessary to keep it current, complete, and accurate in the "My Account" area of the Guppy Media website. Guppy Media will use your Registration Data in accordance with its Privacy Policy, which you should review at www.Guppy Media.com. Please review this Privacy Policy before you complete the registration process or attempt to use or access the Service. All terms and conditions provided in the Privacy Policy are hereby recited and incorporated into this Agreement.
You agree that you will not allow others to use your member name, password, and/or account. You agree to indemnify and hold harmless Guppy Media, its partners, parents, subsidiaries, agents, affiliates, and/or licensors, etc., as applicable, for any improper, unauthorized, or illegal uses of your member name, password, and/or your account. This includes illegal, unauthorized, or improper use by anyone to whom you have given permission to use your member name, password, and/or account.
You agree that Guppy Media may rely on your Registration Data to provide the Services, including, without limitation, billing for the Services through your Carrier. Guppy Media shall have no liability associated with or arising from your failure to maintain current Registration Data, including, but not limited to your failure to receive critical information.
PROBLEMS RECEIVING DOWNLOADS
If you order a Download or other product and have problems, so that you are unable to download the product, let us know immediately by referencing our Frequently Asked Questions located at www.Guppy Media.com. If we don't hear from you within seven days from the first date that the Download was attempted, you will have been deemed to have successfully received the Download.
REFUND POLICY
A refund will be issued if there is a technical issue that results in an inability of the user to receive their Download. Such issues may be corrupt files, system errors, or other unforeseen difficulties that may arise. If, however, you choose a Device or Carrier we do not support, if you do not have SMS text messaging, an adequate data plan, and/or Internet enabled on your Device, or if you are simply dissatisfied with the actual product that has been correctly delivered, then YOU SHALL NOT BE ENTITLED TO A REFUND.
MARKETING INFORMATION
We will not share or use any details from your registration except as detailed in Guppy Media's Privacy Policy, which can be found at www.guppymedia.com.
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 in connection with any particular feature or function of the Service from time-to-time. The Service is for your personal and non"commercial use only and for use only on the Device you designate when you register for the Services (which may be updated by you from time"to"time).
To use the Service you must have a compatible Device and a mobile communications subscription with a participating Carrier. Guppy Media makes no representation as to the compatibility of your Device with the Services or the Downloads. You are responsible for enabling certain functionalities of your Device, such as a data plan and SMS/text messaging. Carriers may impose limitations on the delivery of certain types of content, so you should check with your Carrier to determine whether any transmission limitations will apply to any Service you have or may decide to register for.
You may not copy, distribute, transmit, broadcast, sell, resell, or upload to any computer or Device, or create derivative works from any portion of the Services, including, without limitation the Downloads. You may not, or otherwise attempt to (or authorize, encourage, or support others' attempts to) circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with the Services, including, but not limited to any Downloads.
You understand and acknowledge that the Downloads made available as part of the Service are owned by Guppy Media, its business partners, affiliates, and/or licensors, etc. as applicable, and are protected by intellectual property laws. Guppy Media grants you a limited, non"exclusive, non"transferable, revocable right to download the Downloads to your compatible Device solely for your own non"commercial use. You understand and agree that you may not download, reproduce, modify, display, perform, transfer, distribute, or otherwise use 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 any Downloads.
When you buy a product or Service from Guppy Media, we will charge you the price that is advertised at that time. We may periodically change the advertised price at our sole discretion.
You will be billed for the Services and any Downloads through your Carrier. By making a purchase from Guppy Media that is billed to an account with a Carrier, you confirm you are the owner of the Device or have permission of the owner to incur these charges.
You will be billed for the Services and any Downloads through your Carrier. By making a purchase from Guppy Media that is billed to an account with a Carrier, you confirm you are the owner of the Device or have permission of the owner to incur these charges.
Guppy Media's rights to make certain Downloads available to you may expire. In such event, Guppy Media will not deliver to you the license necessary to play back any such Downloads after the end of the period in which such rights expire. If Guppy Media ceases making any such rights available, Guppy Media, will not refund any portion of your fees, but you may contact customer support to the address below to receive appropriate replacement rights.
CHARGES / BILLING
By completing the registration process, you authorize Guppy Media or its agents to charge the appropriate fees (including taxes or premium surcharges) to your Carrier invoice, as selected by you, and if you select the monthly fee subscription plan, you authorize the continued billing each month until you cancel such subscription. Other charges may apply. If your billing information changes (e.g., new Device number or change of Carrier), you must update that information in "My Account." If you cancel your account or subscription for any reason, Guppy Media will not refund any of your fees paid to date. Monthly subscribers are billed on a 30-day cycle, which begins on the first day you sign up for the subscription and ends 30 days thereafter (each, a "Subscription Month"). Guppy Media or its agents will issue a charge to your Carrier invoice on the first day of each Subscription Month.
The charges will be billed via your Carrier to your wireless phone bill. You confirm you are the owner of the Device or have permission of the owner to incur these charges. If you are between the ages of 13 and 18 you confirm that you have parental permission and consent to incur these charges. You understand that you will be charged these fees regardless of whether you complete your Downloads. Do not enter your personal PIN code unless you have read, understand, and agree to these terms and conditions. Customers may stop this subscription service by replying/texting "STOP" from your Device. Subscription cancellation will become effective at the conclusion of the Subscription Month in which we receive the cancellation request for monthly subscribers. Standard text and picture messaging rates apply.
All fees are subject to change upon notice from Guppy Media. Guppy Media will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you will have 10 days from such notice to cancel your subscription and/or your account.
OBJECTIONABLE OR EXPLICIT CONTENT
Guppy Media is not responsible to you for any content or materials constituting all or part of any Download or any other aspect of the Service that you might find objectionable or contain explicit sexual content. You understand that by using this Service you may be exposed to content that is offensive, indecent, or objectionable. If you are offended by any content or the Service, then please stop accessing that particular content or stop accessing the Services.
PRIVACY
For additional information regarding Guppy Media's use of information collected in connection with the Service, please refer to Guppy Media's Privacy Policy found at www.guppymedia.com.
EMAILS AND SMS MESSAGES
By registering for a Guppy Media account, you agree that we may send you the following types of email or SMS text communications: welcome emails, newsletters, account status updates, and Guppy Media and third party promotional offerings and solicitations. You may opt"out of receiving our emails via the unsubscribe links in each email or by texting STOP to 70250 or call 1"877"566"829
Our Services feature the distribution of content to your cellular phone, and by registering for a Guppy Media account, you agree to receive information and updates via SMS text or e-mail regarding your account with Guppy Media and the services that Guppy Media offers. You will also have the opportunity to opt-in and receive surveys and promotional content of our affiliates from Guppy Media. You may opt-out of our SMS messages or communications by sending an email or by responding to the SMS communication indicating that you would like to unsubscribe. Your Carrier may charge you for receiving SMS messages, please check your agreement with your Carrier to determine what charges apply.
COPYRIGHT INFORMATION
Guppy Media 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 immediately send a notice to Guppy Media's designated agent to receive notice of possible copyright infringement at support@guppygo.com
TRADEMARK
If Guppy Media (a) receives a notice alleging that you have engaged in infringing behavior or (b) reasonably suspects that your use of the Service or the Downloads violates Guppy Media's or others' intellectual property rights, Guppy Media may, in its sole discretion, suspend or terminate your account with or without notice to you. If Guppy Media suspends or terminates your Guppy Media account under this paragraph, it shall have no liability or responsibility to you, and Guppy Media will not refund any portion of your fees charged to date.
SAFE HARBOR PROVISIONS / DIGITAL MILLENIUM COPYRIGHT ACT
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Guppy Media and/or its partners, parents, subsidiaries, agents, affiliates, and/or licensors. You may not copy, display, or use any of these marks without prior written permission of Guppy Media.
NO RESALE
In addition to the restrictions set forth above, you acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes, any portion of the Service (or any Downloads accessible on or through the Service), or your user name or password.
PROMOTIONS AND ADVERTISING
Guppy Media, LLC and/or its business partners may present advertisements and promotional materials on or through the Service. Your participation in any Guppy Media promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Service, 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 agree that neither Guppy Media, nor its business partners shall be responsible or liable 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.
LINKS TO THIRD"PARTY SITES
The Service may present links to retailers and/or other third"party websites not owned or operated by Guppy Media. These links are provided only as a convenience to you. Neither Guppy Media nor its partners, agents, affiliates, etc. are responsible for the availability of these outside sites or their contents. You understand and agree that neither Guppy Media nor its partners, agents, affiliates, etc. 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 sites to those sites' administrators.
MODIFICATIONS TO SERVICE
Guppy Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that neither Guppy Media nor its partners, parents, subsidiaries, agents, affiliates and/or licensors etc. shall be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
REMEDIES
You understand and agree that any unauthorized use of the Service or the Downloads would result in irreparable injury to Guppy Media or its partners, parents, subsidiaries, agents, affiliates, and/or licensors etc. for which money damages would be inadequate, and in such event Guppy Media its affiliates and/or licensors, 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 remedies or relief available pursuant to statutory or other claims that Guppy Media or its partners, parents, subsidiaries, agents, affiliates, and/or licensors etc. may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
INDEMNITY
You agree to indemnify and hold harmless Guppy Media and its agents, employees, representatives, licensors, licensees, affiliates, parents, and subsidiaries from and against any and all claims, actions, demands, causes of action, and other proceedings arising from or concerning your use of the Service, including the Downloads (collectively "Claims"), and 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
Guppy Media may in its sole discretion terminate this Agreement or suspend your account at any time with or without notice to you. If Guppy Media terminates this Agreement, or suspends your account it shall have no liability or responsibility to you, and Guppy Media will not refund any portion of your fees. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with Guppy Media. This includes, but is not limited to, any dispute related to or arising out of: (1) any term of this Agreement or Guppy Media's enforcement or application of the same; (2) any policy or practice of Guppy Media, including its Privacy Policy, or Guppy Media's enforcement or application of these policies; (3) the Downloads or the Services; (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 Guppy Media at support@guppygo.com . Cancellation for subscribers will take effect at the end of the Subscription Month during which you deliver notice to Guppy Media. If you are a subscriber who cancels his or her account near the end of the Subscription Month and cell phone bill is charged for the next month's fee, please contact support@guppygo.com to have that charge refunded.
DISCLAIMERS, WARRANTIES, AND LIMITATIONS ON LIABILITY
THE Guppy Media SERVICES, DOWNLOADS, AND WEB SITE, INCLUDING BUT NOT LIMITED TO SERVICES AND MATERIALS SUPPLIED BY THIRD PARTIES THROUGH Guppy Media, ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, Guppy Media DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO ANY CONTENT, INFORMATION, PRODUCTS, DOWNLOADS, OR SERVICES PROVIDED HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Guppy Media FURTHER DISCLAIMS THAT THE SERVICES OR DOWNLOADS WILL BE FREE FROM BUGS, DEFECTS, OR ERRORS OR THAT THE SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION.
Guppy Media warrants that once downloaded, the Downloads will operate until removed by you or a person to whom you have given access to the Device to which the Downloads were delivered; and that Guppy Media is entitled to license you to use the Downloads for your personal use on your Device. Because you have chosen the Downloads or other products and have had the opportunity to review them prior to purchase, Guppy Media accepts no liability if the Downloads are in any way found to be of unsatisfactory quality or otherwise not suitable for your particular purpose.
IN NO EVENT SHALL Guppy Media BE LIABLE TO YOU UNDER THIS AGREEMENT FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS OR OTHER ECONOMIC DAMAGE, AND INJURY TO PROPERTY IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF THE SERVICES, THE DOWNLOADS, OR BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT. SUCH LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES.
Guppy Media'S ENTIRE LIABILITY FOR ANY CLAIM CONCERNING ITS PERFORMANCE OR NONPERFORMANCE IN CONNECTION WITH THIS AGREEMENT OR THE CONDUCT OF THE PARTIES IN FURTHERANCE HEREOF UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT, PRODUCT LIABILITY, BREACH OF IMPLIED DUTY OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT CHARGED FOR THE DOWNLOADS.
LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with Guppy Media with respect to your use of the Service. 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. 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. Guppy Media's failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. 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 State of Washington, excluding its conflicts"of"law rules, govern this Agreement and your use of the Service or the Downloads. You expressly agree that the courts in the State of Washington have exclusive jurisdiction over any claim or dispute with Guppy Media or relating in any way to your account or your use of the Service or the Downloads. You further agree and expressly consent to personal jurisdiction over you in the Washington federal and state courts in connection with any such dispute including any claim involving Guppy Media or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors, or suppliers.
Please direct any questions concerning the Service or any other Guppy Media related issue, to a Guppy Media customer service representative by e"mail at: support@guppygo.com.
MODIFICATIONS TO TERMS OF USE
Guppy Media may change this Agreement from time"to"time. Your failure to abide by the then current terms of this Agreement may result in termination of Services to you. Your continued use of the Services constitutes (i) an acknowledgement by you of this Agreement and its modifications, and (ii) an agreement by you to abide and be bound by the terms of this Agreement, its modifications, and the Guppy Media Privacy Policy.