IMPORTANT – PLEASE READ THE FOLLOWING TERMS AND CONDITONS CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT AND BY USING THIS SERVICE YOU ARE INDICATING THAT YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. In this Agreement, "you" and "your" refer to each customer, including subscribers of participating mobile communications carriers on whose behalf you are entering into this Agreement, his or her agents, and "we", "us" and "our" refer collectively to Bidshot Wireless Services, Inc. and its affiliates (“Bidshot”) and the mobile content subscription services (collectively “Service”) described herein. The following Agreement explains our obligations to you, and your obligations to us in relation to the Service. This agreement ("Agreement") is a contract between you and Bidshot and governs your use of the Service. By subscribing to any of the mobile content services described herein, you (1) confirm that you have read and understood this Agreement and agree to be bound by its terms and conditions, (2) represent that you are at least 18 years of age and are the subscriber of a participating mobile communications carrier, or have the consent of the subscriber of a participating mobile communications carrier to use the Service on behalf of the subscriber, or if you are under 18 but over 13, you must have the consent of your parent or guardian to use the Service, and we will be entitled to conclude that you have obtained such consent if you proceed with using the Service; and (3) agree on behalf of the subscriber and yourself to be bound by the terms of service of this Agreement. The Service shall be entitled to rely on the assumption that the person or entity responsible for the wireless account for the mobile handset to which content is downloaded is responsible for all use of the Service through that wireless account. Bidshot will not issue refunds to persons or entities claiming that they did not authorize the use of their wireless account. If you are under 18 but over 13, you must get the consent of your parent or guardian to subscribe to any of the services. We will be entitled to conclude that you have obtained such consent if you proceed to subscribe to any of the services. If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, please do not avail of the services.
DESCRIPTION OF SERVICE The Service enables you to subscribe to a specific mobile content service, such as, but not limited to, ringtones, graphics, music, video, news and other information data via SMS and MMS. The Service is available via supported wireless devices. You agree that the Service is for your personal use on the mobile device designated upon subscription. You agree that you may not broadcast, transmit, upload to any computer or wireless device, create derivative works of, or make commercial use of any mobile content received from any service you subscribe to. You may not, or attempt to (or authorize or encourage others' attempts to) re-engineer, decrypt, circumvent, alter or interfere, in any manner, with the Service, including, but not limited to, any mobile content.
USE OF SERVICE. You agree that you will not allow unauthorized persons to use your account as identified by your mobile phone number. You agree to indemnify and hold Bidshot and the Service, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, harmless for any improper, unauthorized or illegal uses of your account. 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.
ACCCESS TO THE SERVICE To use the Service, you must have a post-paid or a pre-paid subscription with a participating mobile communications carrier or have access to a mobile communications network for which Bidshot makes the Service available, as well as any carrier services necessary to download content, and pay any applicable service fees associated with any such access. You must provide all necessary equipment and software to access and connect to the Service, including, but not limited to, a mobile hand set or other wireless access device that is in working order and suitable for use in connection with the Service. You acknowledge and agree that certain subscription services will only be supported by certain types of mobile handsets or wireless devices. For example, to receive a polyphonic ringtone, you must have a mobile device that (a) supports polyphonic ringtones, (b) supports text messaging. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Bidshot’s operations and services. If any equipment or software is found to be interfering in Bidshot’s operations and services, the equipment or software shall be immediately disconnected from the Service, and Bidshot shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, these changes are at your own expense. Unless explicitly stated otherwise, any new or additional features that supplement, enhance or improve the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement. If you attempt to subscribe to any mobile content that cannot be supported by your mobile handset or wireless device, you agree that you will not be entitled to any refunds or credits. If you fail to receive a mobile content because of network congestion or unavailability, you may contact the Service and we will redeliver the said mobile content.
LICENSE TO MOBILE CONTENT. The Service is for your personal use only. You understand and acknowledge that the mobile content services made available as part of the Service are owned by Bidshot, its business partners, its affiliates and/or licensors, as applicable, and are protected by intellectual property laws. You understand and agree that you may not reproduce, modify, display, perform, transfer, distribute, transmit, re-transmit, broadcast, re-broadcast, distribute, sell, create derivative works of, make any commercial use of the Service or the content, or make available the mobile content or otherwise use the mobile content except as expressly provided in this Agreement. No rights are granted to you by this Agreement in any copyrights, patents, trade secrets, trademarks or any other rights in respect of the mobile content you subscribed to on your mobile handset or wireless device. You also agree to advise Bidshot promptly of any such unauthorized use(s) or attempt(s) if it comes to your knowledge that there is such an attempt. Please immediately contact us though email to inform us if you know of any such attempt. Bidshot and/or other third parties, as applicable, may assign any and all rights under this service at any time, without your permission. Notwithstanding any of the foregoing, you hereby acknowledge that Bidshot shall retain all right, title and interest in the Service. You hereby agree not to remove any copyright, trademark or other proprietary notices of any party from the content or the Service.
EXPLICIT OR OBJECTIONABLE CONTENT Bidshot is not responsible to you for any content or materials constituting all or part of any mobile content or any other aspect of the Service that you might find objectionable.
INTERRUPTIONS OR DISCONTINUATION OF SERVICE. Bidshot reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you.
UNLAWFUL OR PROHIBITED USE 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. You may not use the Service for any purpose that is unlawful or prohibited by the Terms of Service. You may not use the Service to: (a) promote or advertise any unlawful or illegal activity or purpose, including any activity that could give rise to criminal or civil liability; (b) infringe on the copyright, patent, trademark, service mark or any other rights of any person or entity; (c) cause harm to minors in any manner; (d) carry out any unauthorized alteration of any data or information on or supplied by the Service; (e) distribute or transmit any software viruses or other computer code designed to interfere with the functionality of any computer, hardware, software, server, network or other equipment or devices. You may not attempt to gain unauthorized access to any Bidshot service, or computer systems or networks connected to any Bidshot service through data mining, hacking, robots or any other means. You shall not use the Service in any manner that could harm, immobilize, overload, or impair any Bidshot service or interfere with any other party's use and enjoyment of any Bidshot service. Bidshot reserves the right, in its sole discretion, to terminate your access to the Service at any time, with or without cause and without notice.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless Bidshot and its agents, employees, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, licensors and assigns from and against any and all liabilities, claims, actions, demands, causes of action, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising from or concerning (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.
INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT INFORMATION. The Service, including the mobile content, and portions of them, may contain or comprise copyrighted and/or proprietary subject matter. 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 any of the Service, are owned by Bidshot or its licensors, and you agree to make no claim of interest in or ownership of any such Intellectual Property Rights. For the avoidance of doubt, your use of the Service and the mobile content is under license; you will not obtain any rights, express or implied, or ownership interest, in the Service and its mobile content through this Agreement, other than the rights expressly granted in this Agreement.
PRIVACY. For additional information regarding the use of information collected in connection with the Service, please refer to our Privacy Policy.
NOTICE. Bidshot respects the intellectual property rights of others, and Bidshot expects you to do the same. If you have knowledge of or suspect that any use of the Service constitutes copyright infringement, please immediately inform this website’s customer service.
VIOLATION OF INTELLECTUAL PROPERTY RIGHTS. If Bidshot or Service (a) receives information alleging that you have engaged in, or are involved in, infringing behavior or (b) reasonably suspects that your use of the Service or the mobile content violates our or others' intellectual property rights, Bidshot may, in its sole discretion, terminate your subscription to any mobile content. If Bidshot terminates your subscription under this paragraph, it shall have no liability or responsibility to you, and we will not refund any portion of your fees charged 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 are the property of Bidshot Wireless Services, Inc. and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.
NO RESALE. In addition to the restrictions set forth above, you expressly acknowledge and agree that you may not reproduce, copy, distribute, sell, resell or exploit for any commercial purposes, any portion of the Service (or any Mobile content accessible on or through the Service).
AGREEMENT TO PAY. For postpaid subscribers, once you subscribe to the Service, you authorize your mobile communications carrier to charge appropriate fees directly to your wireless service bill. You agree to pay your mobile communications carrier the fees that correspond to your subscription to any particular mobile content service you select in accordance with the fees implemented by your mobile communications carrier. Unless otherwise indicated, the charges shall be invoiced on the bill from your participating mobile network operator. For prepaid subscribers, the appropriate fees will be automatically subtracted from your prepaid credits upon receipt of each mobile content. All fees are subject to change upon implementation by your mobile communications carrier of the revised schedule of fees. All fees are due immediately and refunds are subject to the discretion of your mobile communications carrier.
TAXES. You agree that your mobile communications carrier is authorized to collect any applicable taxes and impose any applicable premium charges that may apply to the use of certain features of the Service. Bidshot and the Service have the right at any time to change any fees associated with the Service.
MODIFICATIONS TO SERVICE. Bidshot reserves the right, at its sole discretion, at any time and from time to time to modify, alter or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that neither Bidshot or the Service, nor its affiliates, partners or licensors shall be liable to you for such suspension or discontinuance of the Service.
You agree that Bidshot, at its sole discretion, may at any time terminate this Agreement, suspend or discontinue your use of the Service and individual services provided via the Service, or any portion thereof immediately and without prior notice and without cause. Termination of your use of the Service, may occur due to the following occurrences, including, but not limited to, any of the following occurrences, (a) breach or violation (or that Bidshot reasonably suspects that you have breached) or if the Bidshot believes you have acted inconsistently with the Agreement, any other terms of use for specified portions of the Service, or any other terms, policies or conditions of the Bidshot; (b) a request by law enforcement or any other governmental agency or as required by any law; (c) discontinuance or modification of the Service; (d) a request by you to terminate your access; (e) technical problems; (f) security issues. Furthermore, you agree that Bidshot shall not be liable to you for any termination of your access to the Service. If you cancel your account for any reason, Bidshot will not refund any of the fees paid to date, except as expressly provided in this Agreement. We will not refund any fees, if it turns out that the requested ringtone is not compatible with your handset. It is your responsibility to test if your phone is compatible with the ringtones you have selected. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with Bidshot. This includes, but is not limited to, any dispute related to or arising out of: (a) any term of this Agreement or our enforcement or application of the same; (b) any policy or practice of Bidshot, including its Privacy Policy, or our enforcement or application of these policies; (c) the Mobile content; (d) your use of and/or ability to access and use the Service; and (e) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
CUSTOMER SUPPORT. For details on our customer support service, please send an e-mail to mhub@bidshot.com.
MISCELLANEOUS. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Bidshot regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You agree that the terms of this Agreement are severable. If any part of this Agreement is held invalid or unenforceable, that term or provision will not affect the remainder of this Agreement, the remaining portions shall remain in full force and effect. This Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to copy, distribute, sell or resell the Service or any portion thereof. The remedies of Bidshot 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 Bidshot, at any time or from time to time, to require performance of any of your obligations hereunder shall not affect its right to enforce any term of this Agreement at a subsequent time.
REMEDIES. You understand and acknowledge that any unauthorized use of the Service would result in irreversible injury to Bidshot and/or its affiliates or licensors for which money damages would be inadequate, and in such event Bidshot™, 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 Bidshot, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement. In no event shall Bidshot, its officers, directors, agents, employees, representatives, licensors, affiliates, parent and subsidiaries be responsible for damages resulting from any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Service (collectively "Claims"), and you agree to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES. THE SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY BY BIDSHOT OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "BIDSHOT ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BIDSHOT AND THE BIDSHOT ENTITIES, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. YOU ACKNOWLEDGE AND AGREE THAT BIDSHOT SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, IS AT YOUR OWN SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR LOSS OF DATA, THAT MAY RESULT FROM YOUR USE OR DOWNLOAD. YOU WILL NOT HOLD BIDSHOT, AND/OR THE BIDSHOT ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOUR ACCESSING THE SERVICE OR USING THE SERVICE, AND/OR THE MOBILE CONTENT INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER MOBILE CONTENT THAT MAY RESULT FROM THAT USE. UNDER NO CIRCUMSTANCES SHALL BIDSHOT, AND/OR THE BIDSHOT ENTITIES, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE MOBILE CONTENT. UNDER NO CIRCUMSTANCES SHALL BIDSHOT AND/OR THE BIDSHOT ENTITIES, 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 AND/OR THE MOBILE CONTENT, EVEN IF BIDSHOT AND/OR THE BIDSHOT ENTITIES, 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. BIDSHOT AND/OR THE BIDSHOT ENTITIES, AS APPLICABLE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BIDSHOT AND/OR THE BIDSHOT ENTITIES, AS APPLICABLE MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY PERSON OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. BIDSHOT AND BIDSHOT ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE MOBILE CONTENT WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. 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, BIDSHOT, AND/OR THE BIDSHOT ENTITIES 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 TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU GOVERNING LAW This Agreement shall be governed by the laws of the Republic of the Philippines. Any legal action or proceeding arising under this Agreement will be brought in the courts located in the Pasig City and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. User expressly agrees that any and all dispute relating to or arising out of this Agreement, shall be subject to the exclusive jurisdiction of the appropriate courts of Pasig City, Philippines. User hereby expressly consents to the exercise of personal jurisdiction by the courts of Pasig City, Philippines.
LAW AND LEGAL NOTICES This Agreement and any other terms or documents referred to herein represent your entire agreement with Bidshot 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. Bidshot failure to pursue any available claim or defense pursuant to this Agreement 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. NOTICE:Bidshot may from time to time amend, supplement or modify the terms of this Agreement. Your continued use of the Service constitutes your agreement to be bound by this Agreement, as well as all amendments, supplements, or modification thereto as posted here.
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