AND ANY OTHER TERMS AND CONDITIONS THAT ARE REFERRED TO BELOW, REPRESENT A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. IF YOU BECOME A SUBSCRIBER, OUR SUBSCRIPTION AGREEMENT
WILL ALSO APPLY TO YOU.
WHEN YOU USE OUR WIRELESS SERVICES YOU MAY ALSO BE CHARGED BY YOUR WIRELESS CARRIER AND YOUR AGREEMENT WITH THEM DETAILS THE CHARGES THAT APPLY. WE ARE NEVER RESPONSIBLE FOR YOUR WIRELESS CARRIER CHARGES, EVEN IF THEY ARISE BECAUSE YOU USE OUR SERVICE.
THE BILL FROM YOUR WIRELESS CARRIER WILL IDENTIFY OUR CHARGES SEPARATELY. IF YOU HAVE QUESTIONS ABOUT CHARGES ON THE BILL, OTHER THAN QUESTIONS RELATING TO OUR SERVICE, YOU SHOULD CONTACT YOUR WIRELESS CARRIER DIRECTLY.
for information and disclosures about our collection, maintenance and use of information we collect.
“Content” refers to all content, ring tones, wallpaper, games, music, audio, video, audio-visual, text, graphics, messages, newsletters in electronic or any other form, artwork, illustrations, images, photographs, animations, data, information, databases, designs, service and trademarks, service marks, logos, brands and brand names, trade dress and trade names and other distinctive identification and all other proprietary information, materials and elements of our Service, whether or not copyrightable or legally protectable, tangible and intangible, including the selection, sequence, look and feel and arrangement of any components or aspects of our Service.
“Dada”, “we”, “our” or “us” means and refers to Dada Entertainment LLC.
“Non-Subscription Services” means and refers to those goods and services we may offer as part of our Service on a pay-as-you go or so called “a la carté” basis.
“Post” means and refers to the information and anything else you make available, submit, provide, exchange, transmit, communicate or share using our Service (e.g., messages, profile information, correspondence, comments, ideas, images, audio-visual material, opinions, files and User Generated Content.
“Registered User” means and refers to individuals who enroll by providing us information about themselves in order to obtain access to certain Services not generally available to others from us.
“Service” means and refers to any and all services, goods, materials, features and functions of our Website, Content we make available to you, wired and wireless, whether on a subscription or non-subscription basis. We will refer to services available as part of mobi.DADA.net as “mobi”, those available as part of love.DADA.net as “love” and those available as part of life.DADA.net as “life”.
“Subscriber” means and refers to any individual that enrolls in our subscription Services, covered under the terms and conditions of our Subscription Agreement
“user” means anyone who uses or attempts to use any part of our Service.
“User Generated Content” refers to Content you Post (or that is Posted using your User ID). We don’t claim ownership of (nor undertake responsibility for) User Generated Content.
“Website” means and refers to http://us.dada.net
, as well as all web locations and Internet addresses (e.g., URLs, domain names, pages) we own, control or use to provide the Service.
“wireless device” means and refers to mobile or cell phones, wireless or other devices, even if they do other things besides send and receive voice, text, data, content or other types of communication and “wireless carrier” refers to the service provider with whom you or your parent or other adult have an agreement to provide you with wireless services.
AGE & RESIDENCY. You must be live in the United States and be at least 13 years old to use our Service and you must be an adult where you live to become a Subscriber. If you are a minor (generally under age 18) you can only register for our Service, use our Non-Subscription Services or become a Subscriber if you get consent from your parent or legal guardian (“parent”). If you are under 13 you may not use our Service at all.
USING AND SUBSCRIBING TO OUR SERVICE. If you enter your wireless device number on our Service, even if you decide not to continue registration process, unless you opt out, you still may receive a limited number of messages from us. If you want to become a Subscriber or use our Non-Subscription Services, you will be required to become a Registered User. During registration you will be asked to enter certain Personal Information and while you always have the right to opt out later, you will be agreeing to allow us to send you newsletters and other information we believe may be of interested to you.
You must be a Registered User to participate in our life Service and to participate in our mobi and love Services you must become a Subscriber. Subscribers must pay a regular fee and are also subject to the terms and conditions of our Subscription Agreement
Our registration and subscription process complies with the Mobile Marketing Association’s best practices (http://www.mmaglobal.com/bestpractices.pdf
) and the messaging requirements of your wireless carrier. To become a Registered User or Subscriber you must give us a verifiable wireless device number. We send a personal identification number (“PIN”) back to that device and you must either use the PIN with that device to respond, enter the PIN on our Website or follow our instructions for authentication. In some cases, you can create a life account and become a Registered User through your wireless device by sending an SMS or MMS message. Initially and at times later on, we will require you to authenticate your registration or subscription as part of our normal security and verification procedures. We refer to this as the “Authentication Process.”
All Registered Users must have a user name and password. If you use your wireless device to register, we will give you with an initial log-in password. If you register on our Website, you can usually select your own password. The combination of your password together with either your wireless device number or your user name is your “User ID.” Your User ID is personal and should be kept confidential. Don’t give it to anyone or allow others to use it because you are solely responsible for all fees, costs and charges, liability and damage connected with your User ID. You agree to immediately notify us if you know or suspect unauthorized use or if you have any security concerns.
NON-SUBSCRIPTION SERVICES. To use our Non-Subscription Services you must be a Registered User with an active contract with a wireless carrier – one which participates in making the Services you want available – check with us if you are not sure. You must also have a wireless device that is compatible and correctly configured for the Services you want. Billing takes place through your wireless carrier and you agree to pay your wireless carrier (or authorize your wireless carrier to deduct from your pre-paid wireless carrier account) payment for Non-Subscription Services, at the rates and charges shown at the time of your purchase. If you don’t pay or your carrier does not make payment to us, you will no longer be a Registered User in good standing. All payments for Non-Subscription Services are non-refundable and do not include taxes.
Please note if you change your wireless carrier, your wireless service plan, wireless device or transfer your wireless number to another carrier, it may affect your ability to use some or all of our Services, even if you keep your wireless number and even if the plans, features and wireless service seems to be the same or similar to what you had.
Tell us right away if there is an error on your bill, because if you don’t tell us within 30 days from the date an error appears on your bill, you agree we are no longer responsible or liable for investigating or correcting it. If we incur attorneys’ fees and costs to collect past due amounts from you, you will be responsible for paying these. We can cancel, suspend or deactivate your registration and use of our Service, without notice and without waiving or prejudicing any of our other rights, if you don’t make payment when it becomes due.
CONTENT; USER GENERATED CONTENT. Content (other than User Generated Content) is either our property or owned by our licensors, operational service providers, advertisers, promotional partners or other third parties and may be protected under U.S. and other national laws, regulations and treaties. All rights not specifically granted to you are expressly reserved and unauthorized or prohibited use of our Service may subject you to civil liability, criminal prosecution or both. We make no representations about the accuracy, reliability, usefulness or completeness of Content and your use of our Service is solely at your own risk.
If you Post User Generated Content on the Service, you grant us an irrevocable, unconditional, worldwide, royalty-free right and license to use, distribute, modify, adapt and publicly display it on or in connection with our Service and we can use it to create compilations, adaptations and derivative works. We have no control over users and third parties and we have no liability or responsibility for them, even if they obtained your User Generated Content through our Service.
We have no obligation to restore Content you may have obtained through our Service if it is damaged or lost. If we ever do offer a feature that does allow you to re-download certain Content, we reserve the right to discontinue it at any time and it’s performance and availability is on an “as is” and “as available” basis. If we permit you to transfer Content to a portable device, you may not copy, distribute, transmit or transfer it from that device to any other device or media without our permission. You are also not allowed to share downloads of Content, enable or allow sharing of such downloads, with anyone else.
. For notices reporting alleged copyright infringement in the United States only, please go to the section "Notice and Procedure for Making Claims of Copyright Infringement" below and follow the instructions. Subject to legal and regulatory requirements that apply, we reserve the right to take or refrain from taking any action available to us.
POSTING. You agree when you Post something, it enters the public domain without reservation of any rights or control over its use. You authorize us to use your Post, in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter discovered or developed, alone or together, in compilations or combinations, as part of other Content, information, and material of any kind or nature and in any other manner of our choosing. You have no right to require and we have no obligation to pay any fees, charges or royalties for our use or exploitation of your Post and that. We reserve the right to delete your Posting in any manner we determine at any time.
You represent and warrant your Post: (a) is original to you and fully cleared for use as described above; (b) does not and will not, in any way, violate or breach any terms or conditions that apply to you or any other agreement by which you may be bound; (c) does not contain libelous, tortious or unlawful information, infringe or violate any rights of any other party or contain any matter the publication, display or sale of which will violate any law, regulation, ordinance or court order; (d) is not obscene or in any other manner unlawful; and (e) is not and will not be injurious to the health or security of any person. If your Post incorporates a name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you represent and warrant you have the right to place that Post in the public domain and grant us the right to use such Post as described above
WIRELESS SERVICES, MESSAGES AND PROMOTIONS. To use any of our wireless Services, you must have an active contract with a licensed wireless carrier or access to a wireless network through which we make our Service available. You are responsible for making sure your wireless service and wireless device are capable and correctly configured for our Service. We may deliver some promotions, alerts and messages to your wireless device via SMS text messaging, email and in some cases when you enter information into our Service you will be signing up and consenting to receive messages. We will let you know when this is the case and we will always give you the right to opt out, then and in the future.
UNSOLICITED SUBMISSIONS. If we don’t ask you to, don’t send us or Post any original creative ideas, suggestions, content or materials for any reason. If you do, we have an unrestricted right to use it and do anything with it, in any way and for any purpose, without obligation or restriction at all and we have no obligation to pay you or notify you or let anyone know we got it from you.
ADVERTISERS; LINKS TO OTHER SITES. When we display of advertisements, marketing and promotional materials, URLs, hypertext links on our Service we aren’t endorsing them, nor do we have any obligation, responsibility or liability resulting from them. We do not have any responsibility for others, even if we have a marketing, advertising or other arrangement with them.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. OUR SERVICE IS AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR ANY ASSURANCE IT WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR OR ASSIGNEE, NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, PROMOTIONAL PARTNERS, WIRELESS CARRIERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS (“DADA ENTITIES”), SHALL BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES AS A RESULT OF OR ARISING FROM OUR SERVICE OR YOUR USE OF IT, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH OUR SERVICE OR YOUR AGREEMENT WITH US, TERMINATION OF YOUR SUBSCRIPTION, REGISTRATION AND/OR USE OF OUR SERVICE IS YOUR SOLE RIGHT AND EXCLUSIVE REMEDY, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.
INDEMNIFICATION. You agree to defend us and the Dada Entities against any and all demands, claims and actions resulting from a breach or violation of your agreement with us, actual or alleged violation of any law or regulation, infringement, misappropriation or violation of the rights of any other party (“Claims”). You agree to indemnify and hold us harmless from and against all losses, damages, costs (including reasonable attorneys' fees) and expenses associated with all Claims. We reserve the right to assume the exclusive defense and control of any Claims and negotiations for settlement or compromise and you agree to fully cooperate with us in doing so.
IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE YOUR AGREEMENT WITH US, YOU WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY.
MISCELLANEOUS. Your agreement with us does not apply to services, transactions, activities or transactions and relationships you have with anyone else, nor does it cover your rights or responsibilities regarding third party content or links that direct your browser to third parties, even if they appear on or are linked with our Website. We simply aren’t responsible for them. If any term or condition of your agreement with us is considered illegal, invalid or unenforceable, this will not affect the rest of your agreement with us and even if we delay or fail to take action to enforce our rights, it doesn’t mean we are waiving any rights we have. If you have any claim or cause of action against us, regardless of the reason or type of claim, you may not file or start it more than 1 year after the date it first arose.
For reference our:
© Copyright 2011 Dada Entertainment, LLC. All Rights Reserved.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
DO NOT USE THIS PROCEDURE FOR ANYTHING UNRELATED TO COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement of Content on our Service should be sent ONLY to our Designated Agent.
Written notification of copyright infringement must be submitted to our Designated
Service Provider(s): DADA Entertainment, Inc.
Full Address of Designated Agent to Which Notification Should be Sent:
P.O Box 436
New York, NY
Telephone Number of Designated Agent: 646-502-8004
Facsimile Number of Designated Agent: 1-646-291-6286
Your notification must include the following: (1) an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) identification of the copyrighted work (or works) that you claim has (or have) been infringed; (3) a description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.); (4) a clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) your name, address, telephone number, and e-mail address; (6) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (7) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
IF YOUR POST WAS REMOVED BUT YOU BELIEVE IT IS NOT INFRINGING. If your Post was removed in response to an infringement notice and you believe it was removed in error, you may request us to replace the Post by sending a counter-notice to our Designated Agent shown above. Your counter-notice must be written and must include the following: (1) your physical or electronic signature; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (4) your name, address, telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person. When we receive a proper counternotice, we may forward a copy of the counternotice to the person who sent the original infringement notice and we will wait at least 10 business days for a response. We always have the option, but not an obligation, to restore the material that was removed.