DADA ENTERTAINMENT – CREDIT CARD/PAYPAL SUBSCRIPTION AGREEMENT
OUR CREDIT CARD/PAYPAL SUBSCRIPTION SERVICES INCUR A CHARGE OF $9.99 each month (the “Subscription Fee”) at that time fifteen (15) MP3 file digital credits (“Sub Credits”) will be added to your account. Your subscription also includes a one-time per Subscriber bonus of ten (10) MP3 file digital credits (“Bonus Credits”) which can be used throughout your subscription. Thereafter, your account will automatically be charged each month and at that time your account will be credited with 15 Sub Credits. THIS SUBSCRIPTION DOES NOT INCLUDE ANY RINGTONES, WALLPAPER, OR OTHER MOBILE CONTENT. Subscribers who wish to purchase mobile content and have current accounts with AT&T, VZW, Sprint or T-Mobile may purchase ringtones and other mobile content using our premium SMS subscription service. Bonus Credits are subject to change at any time and at Dada’s sole discretion.
Our Subscription Services provide Content and social networking features that allow Subscribers to communicate with one another including chat, mobile/text messaging features and online meeting services available through our Website. We will ask you to consent (opt in) to receive messages or use features that involve Posting or the exchange or availability of Personal Information and in every case you will be given an opportunity to opt out and not receive (or stop receiving) these messages or use these features at that time or any time afterwards.
SUBSCRIPTIONS. Once you become a Subscriber, you must pay the Subscription Fee to maintain your subscription in good standing, regardless of whether you actually download any MP3 audio files (“Music Downloads”) or use our Subscription Services. As you use your Credits during each period, the number available is reduced until you have used them all up for that period. You may not roll over or carry forward unused Sub Credits and if you do not use all your Sub Credits in any given period, all unused Sub Credits for that period will expire. Extra Credits and sign-up Bonus Credits do roll-over and are used only when all Sub Credits have been used; Bonus Credits and Extra Credits expire only when the subscription is canceled. Credits are not retained after cancellation during the trial period or subscription period regardless of how much time is remaining after the cancellation request is made and cancellation results in the immediate loss of all Sub Credits, Bonus Credits and Extra Credits.
If you are a dada.net Subscriber, you will be able to download Music Downloads for each 30 day period you have an active subscription in good standing. You can only download the Music Downloads from the dada.net website and you may do so to any computer and transfer them to any device capable of playing MP3 files. Of course, we can always give you bonus credits at no additional charge, as part of a promotion, for certain categories of subscribers or for any reason we choose, but you understand and agree that since these are added as a bonus solely in our discretion, we have the right to discontinue, withdraw or change this bonus feature at any time without notice. Once a credit has been used for a Music Download another credit will be required in the event a Subscriber needs to download the same Music Download again.
If we offer promotions that provide a free period of use, if the free period occurs before your first payment as a Subscriber is due, we may give you the right to use some or all of our Subscription Services before we charge you for the first 30 day subscription period. If such a promotion is available to you as an existing Subscriber, we may prorate your periodic fee, defer your billing for the promotional period, give you an extension at the end of the 30 day subscription period or any other mechanism and we will describe that to you in the details of the promotion. If you are given a period of time to use all or any portion of our Subscription Services without charge before your first periodic fee for our Services becomes due, you have the right to notify our customer service representatives by phone at 1-800-631-0420 or by email at email@example.com that you wish to cancel, but in order to avoid paying the first periodic subscription fee, you must do so at least twenty-four (24) hours before the “no-charge” period ends. If you give us less than 24 hours” notice, we may still be able to cancel your subscription, but if we cannot you will be responsible for the first 30 day subscription fee in full, without a right to any refund.
FEES AND PAYMENT; NO REFUNDS. Subscription Fees are charged to your credit card/PayPal account and you agree to pay your credit card company and fund your PayPal account for billed Subscription Fees. New credits are assigned only upon successful payment of your Subscription Fees. If your credit card company or PayPal account declines payment of your Subscription Fees for any reason, any remaining unused Credits will remain in your account and a new billing attempt will be made within three (3) days. After three failed billing attempts your account will be suspended until you provide new billing parameters (e.g., provide a different credit card or PayPal account) in order to return your account to good standing and continue your Subscription benefits. Prepaid credit cards may not be used as payment. If you do attempt to use a prepaid credit card as payment your account will be suspended and blacklisted. In order to return your account to good standing you must call Dada at 1-800-631-0420 and request to be removed from the blacklist. Removal will be contingent upon providing Dada with a valid credit card or PayPal account. We have the right, without notice, to suspend, cancel or terminate Subscription Services for suspended Subscriber accounts. ALL FEES ARE NON-REFUNDABLE.
You may terminate specific features, functions or services within our Subscription Services, including social networking features and the receipt of specific email messages, at any time by notifying us using the procedures described on our Website (or in the email messages we send you). If you wish to terminate any subscription completely, you may do so effective at the end of any 30 day period by giving us at least ten (10) days” advance notice. You will remain responsible for all fees and charges you incur or which otherwise become due as a result of your subscription before the effective date of termination.
You may terminate your subscription by either calling our customer service representatives at 1-800-631-0420 or you can send us an e-mail at firstname.lastname@example.org which clearly states your decision to terminate a subscription. Please be specific since we cannot and will not terminate any subscription if your communication is not clear as to what you are instructing us to do.
We may suspend or terminate your status as a Subscriber, suspend or terminate your User ID, and use of any Content and/or any of our Services, including our Subscription Services, in whole or in part, without notice at any time in our sole discretion, for any reason or no reason. If you are a Subscriber in good standing and you have neither breached this Subscription Agreement, nor violated any laws or regulations, then we will, at our option, either continue to provide you with the Subscription Service for any 30 day period for which payment has already been made or alternatively we can provide you with a pro rata refund for Credits you have not yet used for the 30 day period in which our termination is effective. Except for these limited circumstances, you are not entitled to a refund or other compensation, damages or other consideration, nor are you relieved of any obligations, including your payment obligations up to the effective date of termination.
LIMITATION OF WARRANTIES, LIABILITY AND REMEDIES