Dada.net

DADA ENTERTAINMENT - SUBSCRIPTION AGREEMENT

THIS SUBSCRIPTION AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO YOU AS A SUBSCRIBER TO OUR SERVICES, AND TOGETHER WITH OUR TERMS OF USE AND PRIVACY POLICY FORM THE LEGAL AGREEMENT YOU HAVE WITH US.

OUR SUBSCRIPTION SERVICES INCUR A MINIMUM MONTHLY CHARGE OF $9.99 ($6.99 for Boost customers, $2.99 weekly charge for Virgin Mobile customers and a $1.99 weekly charge for Cricket customers.) AND YOU SHOULD READ THIS SUBSCRIPTION AGREEMENT CAREFULLY BECAUSE OTHER CHARGES MAY APPLY TO YOU.

WHEN YOU USE OUR WIRELESS SERVICES YOU MAY ALSO BE CHARGED BY YOUR WIRELESS CARRIER. SEE OUR TERMS OF USE FOR MORE DETAIL. PLEASE READ THIS SUBSCRIPTION AGREEMENT CAREFULLY - OTHER CHARGES MAY ALSO APPLY TO YOU.

This Subscription Agreement applies to your enrollment and participation in our subscription-based dada.net and love Services and any other subscription services we offer (“Subscription Services”). When you subscribe, use or try to use our Subscription Services, you become a “Subscriber.”

There are age and residency requirements that apply and more fully described in our Terms of Use, but we remind you here that if you are under 13 you may not use any of our Services and if you are not an adult, you must get consent from a parent before you can become a Subscriber. If you become a Subscriber in violation of these requirements or you are a parent and discover your child has become a Subscriber without your permission, you must contact our customer service representatives by phone at 1-888-214-0381 or by email at help.us@dada.net and terminate your (or your child’s) use of our Subscription Services immediately.

Our Subscription Services provide Content and social networking features that allow users to communicate with one another including chat, mobile/text messaging features and online meeting and dating 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.

BECOMING A SUBSCRIBER. To become a Subscriber, you must go through our Authentication Process described in our Terms of Use. You will be asked to do so even if you already registered for another Service and have gone through the Authentication Process before. As a reminder, Subscribers must have an active contract with a wireless carrier through which we make our Subscription Services available and a compatible and correctly configured wireless device.

SUBSCRIPTIONS. We have only one fixed fee periodic subscription plan applicable to each wireless carrier through which our Subscription Services are available (See "Fees and Payment" below) that provides you with a specific number of digital tokens (“Tokens”) we allocate to your User ID on a periodic basis while your subscription is in good standing. You may exchange these Tokens online or through your mobile handset for the right to receive or access a specified number of downloads of Content. The number of Tokens varies depending on your wireless carrier. Once you become a Subscriber, you must pay the subscription fee each month to maintain your subscription in good standing, regardless of whether you actually download any Content or use our Subscription Services. As you use your Tokens in 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 Tokens and if you do not use all your Tokens in any given month, all unused Tokens for that month will expire.

If you are a dada.net Subscriber, you will be able to exchange your Tokens for one-time downloads of MP3 audio files made available via our Subscription Service (“Music Downloads”) as well as Ringtones, Wallpapers and other Mobile Content for each month you have an active subscription in good standing. You can only download the Music Downloads from the dada.net website to any computer and transfer them to any device capable of playing MP3 files. Of course, we can always give you bonus Tokens 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.

If you transfer your wireless number to another carrier, the MMA guidelines require us to terminate your subscription automatically and you will forfeit and lose any and all Tokens that were unused as of the effective date of your doing so. Of course, we hope you will re-subscribe with your new choice of carrier and if you need any assistance please feel free to contact our customer service representatives at 1-888-214-0381.

If you are a Subscriber to our dada.net Service, we may offer a feature that allows you to re-download certain Content previously downloaded, however currently we are only able to activate this feature in a way that requires you to use up an additional Token (assuming you have Tokens available) to re-download and replace the Content – even if you previously used Tokens to obtain the original Content. We reserve the right to make this feature available only to Subscribers in good standing and we also have the right to discontinue, modify, make changes to this feature and to the Content and circumstances to which this feature applies, at any time. We have no obligation to make this feature available, consequently you should not rely upon it, since not only do we reserve the right to discontinue offering this feature any time, but we have no liability to you if it does not function or function properly for any reason.

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 the first monthly fee. If such a promotion is available to you as an existing Subscriber, we may prorate your monthly fee, defer your billing for the promotional period, give you an extension at the end of the month 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 monthly fee for our Service becomes due, you have the right to notify our customer service representatives by phone at 1-888-214-0381 or by email at help.us@dada.net that you wish to cancel, but in order to avoid paying the first monthly subscription fee, you must do so at least 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 month’s subscription fee in full, without a right to any refund.

FEES AND PAYMENT; NO REFUNDS. All billing is through your wireless carrier and you agree to pay your wireless carrier (or authorize your wireless or mobile carrier to deduct from your pre-paid wireless carrier account) the monthly subscription fee at the rates in effect for your Subscription Services. We reserve the right to change our subscription fee upon notice to you as described below. If you don’t pay the monthly fee or your carrier does not make payment to us, you will no longer be considered a Subscriber in good standing and we have the right, without notice, to suspend, cancel or terminate your subscription and your right to use our Subscription Services. All fees are non-refundable and are due and payable within 30 days of the date of your wireless carrier bill. The fees, charges and payments described in this Subscription Agreement, do not include taxes and charges for third party services for which you are solely responsible.

MODIFICATIONS; TERMINATION. We can change this Subscription Agreement at any time and from time to time as described in our Terms of Use. We can also change our Subscription Services, including the number of Tokens, Music Downloads and other elements of our Subscription Services, as well as the applicable monthly subscription fees, charges for Content and goods and services, any prices, rates, charges and billing methods, at any time and from time to time by giving you at least 30 days’ notice. We may give you less than 30 days notice if changes made by your wireless carrier or legal or regulatory requirements do not provide us with sufficient time to give you 30 days notice. We remind you of your responsibility to check the Website, our Terms of Use and Subscription Agreement periodically and read postings and messages we send you so you are aware of any changes that apply and the most current terms and conditions.

You may terminate specific features, functions or services within our Subscription Services, including receipt of specific messages, at any time by notifying us using the keywords and procedures described on our Website (or in the messages we send you). If you wish to terminate any subscription completely, you may do so effective at the end of any calendar month by giving us at least 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 sending us a text message with the text “END”, “STOP”, “QUIT”, “CANCEL”, UNSUBSCRIBE” from your registered wireless or mobile device via SMS to our short number 63232 (or such other short number as we designate on our Website) or you can call our customer service representatives at 1-888-214-0381 or you can send us an e-mail at help.us@dada.net 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, User ID, 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 month for which payment has already been made or alternatively we can provide you with a pro rata refund for Tokens you have not yet used for the month 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

WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY WIRELESS OR OTHER DEVICE OR SERVICE FROM ANY CARRIER WILL BE COMPATIBLE OR FUNCTION WITH OUR SUBSCRIPTION SERVICES, CONTENT, DOWNLOADS, THAT ALL OR ANY PART OF OUR SERVICE WILL FUNCTION, BE AVAILABLE OR ACCESSIBLE AT ALL TIMES OR AT ANY PARTICULAR TIME OR WILL OPERATE AS DESCRIBED. IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE EQUIPMENT, SOFTWARE, DEVICES, COMMUNICATION FACILITIES, INTERNET CONNECTIONS AND SYSTEMS, AS WELL AS YOUR WIRELESS CARRIER’S SERVICE, NETWORK AND FACILITIES, FUNCTION CORRECTLY WITH OUR SUBSCRIPTION SERVICES. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR UNAUTHORIZED USE OF OUR SERVICE, POSTINGS, SUBMISSIONS, CONTENT, MESSAGES OR OTHERWISE, BY OR FROM YOU OR ANYONE USING YOUR USER ID, REGISTRATION, PROFILE, E-MAIL ADDRESS, WIRELESS DEVICE, SMS NUMBER, PIN OR OTHER IDENTIFICATION. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ARE IN ADDITION TO AND SUPPLEMENT THOSE CONTAINED IN OUR TERMS OF USE.

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