PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
Limitations on Use
You must be at least 13 years old to download and use the Amped Up Mobile Media service, or, if you are not at least 13, you may download and/or use the Amped Up Mobile Media service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not download the Amped Up Mobile Media service.
Amped Up Mobile Media reserves the right to terminate accounts, refuse service or cancel orders at its sole discretion.
Charges for Using the Amped Up Mobile Media Service
Amped Up Mobile Media is currently a complimentary service. However, when you use the Amped Up Mobile Media service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.
Amped Up Mobile Media Text message (SMS) Service
To opt in or subscribe to Amped Up Mobile Media, you can register by sending a text message* with the “keyword” advertised to 71441 and we’ll guide you through the process from your mobile phone. Message & Data Rates May Apply to all text messages sent to or from the Amped Up Mobile Media text message service. For more information, check your mobile phone service plan or visit your carrier’s website.
After you install the Amped Up Mobile Media application and/or register for the Amped Up Mobile Media service, all further SMS text messages will be sent strictly on an opt-in basis. If you have opted in to receive text messages, you can still choose to opt out at any point thereafter.
To opt out from our text message service, send a text message with the word STOP to 71441 from your mobile phone and we will unsubscribe you from our text message service. You will not receive any additional text messages until you re-register on our website or via your mobile phone.
To get help with the Amped Up Mobile Media text message service, you may email us at firstname.lastname@example.org or 219-669-3063.
You can also request our contact information from your mobile phone at any time by sending a text message with the word HELP to 71441.
* coupons maybe not be available on all mobile devices.
List of carriers supported by Amped Up Mobile Media:
Cellular One Dobson
Virgin Mobile USA
Amped Up Mobile Media is not responsible for evaluating or examining the individuals, companies or businesses offering the coupons obtained through the Amped Up Mobile Media service. Amped Up Mobile Media is not responsible for the content, offers, programs or policies of such individuals, companies or businesses, including, without limitation, your redemption of such offers or refusal to honor any offer. Further, Amped Up Mobile Media is not responsible for any issues arising from the products or services purchased or received from the coupons. Your dealings with the third parties providing the coupons are solely between you and the applicable third party.
Amped Up Mobile Media and/or its licensors are the sole owners of the Amped Up Mobile Media service, which includes any software, method of doing business, domains, and content made available through it. The Amped Up Mobile Media service is protected by U.S. and international copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and Amped Up Mobile Media grants you a limited license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit the Amped Up Mobile Media service without Amped Up Mobile Media’s prior express written permission. Any unauthorized use of the Amped Up Mobile Media service will terminate the limited license granted by us. Amped Up Mobile Media and other marks, graphics, logos, icons and service names related to the Amped Up Mobile Media service are registered and unregistered trademarks or trade dress of Amped Up Media & Marketing, LLC. They may not be used without Amped Up Mobile Media’s prior express written permission. All other trademarks not owned by Amped Up Mobile Media that appear in connection with the Amped Up Mobile Media service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Amped Up Mobile Media.
By downloading and/or using the Amped Up Mobile Media service, you consent to receiving electronic communications and notices from Amped Up Mobile Media. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
By downloading and using the Amped Up Mobile Media service, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Amped Up Mobile Media service. You also agree not to interfere with the servers or networks connected to the Amped Up Mobile Media service or to violate any of the procedures, policies or regulations of networks connected to the Amped Up Mobile Media service, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Amped Up Mobile Media Service; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Amped Up Mobile Media service; (3) use the Amped Up Mobile Media service for any unlawful purpose; or (4) resell or export the software associated with the Amped Up Mobile Media service.
Amped Up Mobile Media does not promote, recommend or condone use of the Amped Up Mobile Media service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the Amped Up Mobile Media service during such activities.
Use of Information Submitted
You agree that Amped Up Mobile Media is free to use any comments, information or ideas contained in any communication you may send to Amped Up Mobile Media without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Amped Up Mobile Media service or other products or services.
No Warranty & Liability Limit
AMPED UP MOBILE MEDIA PROVIDES THE AMPED UP MOBILE MEDIA SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. AMPED UP MOBILE MEDIA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Amped Up Mobile Media assumes no liability or responsibility for any errors or omissions in the Amped Up Mobile Media service; any failures, delays or interruptions in the Amped Up Mobile Media service; any losses or damages arising from the use of the Amped Up Mobile Media service, including, without limitation, any damage to your mobile device; or any conduct by users of the Amped Up Mobile Media service. We reserve the right to deliver the Amped Up Mobile Media service in our sole and absolute discretion.
IN NO EVENT SHALL AMPED UP MOBILE MEDIA, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE AMPED UP MOBILE MEDIA SERVICE OR THESE TERMS OF SERVICE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do now allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
You agree to indemnify and hold Amped Up Mobile Media and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the Amped Up Mobile Media service or your violation of any law or the rights of any third party.
1. Governing Law
2. Binding Arbitration
3. Limitations of Actions
Any claim or cause of action arising out of or related to your use of the Amped Up Mobile Media service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
Right to Terminate
Amped Up Mobile Media reserves the right in its sole discretion to terminate or restrict your use of the Amped Up Mobile Media service, without notice, for any or no reason whatsoever.
You may cancel your monthly software subscription at any time by contacting us at email@example.com before your plan renews as we cannot provide partial-month refunds. Cancellations must be received 72 hours prior to your automatic renewal of software subscription.
Any upfront payments and/or deposits paid to Amped Up Media & Marketing, LLC are nonrefundable.
Amped Up Media & Marketing, LLC