Welcome to the 25184 Mobile mobile content service! The following Terms constitute a
legal “Agreement” regarding your use of our service, please read them carefully.
If you register with our service using the www.25184Mobile.com website or any successor
website (“Website”) or if you download content to a mobile device (a “Download”),
you (1) represent that you are at least 13 years of age and have the consent of the
subscriber of a participating mobile communications carrier to sign-up for and use
the 25184 Mobile Service on behalf of the subscriber; and (2) agree on behalf of the
subscriber and yourself to be bound by the terms and conditions of this Agreement.
In this Agreement, "you" and "your" refer to each customer (including the subscriber
of a participating mobile communications carrier on whose behalf you are entering
into this Agreement) and his or her agents, and "we", "us" and "our" refer collectively
to Bullroarer, Inc, doing business as 25184 Mobile ("Company" or " Bullroarer").
This Agreement explains our obligations to you, and your obligations to us in relation
to the 25184 Mobile Service.
Description of 25184 Mobile Service
The Company provides downloadable mobile entertainment content, such as polyphonic,
realtone, or novelty ringtones; wallpapers, J2ME games; graphics; news and other
information data via the Internet, SMS, Wireless Access Protocol ("WAP"), and other
means of mobile content delivery ("Content") to certain compatible wireless mobile
devices (the "Service"). You acknowledge and agree that the Service is only for your
personal use on the mobile device designated during the Download. You agree that you
may not (i) transmit, (ii) broadcast, (iii) upload to any computer or mobile device,
(iv) create derivative works of, or (v) make commercial us of the Service, including,
but not limited to, any Download(s). You may not engage in, attempt to engage in, or
otherwise authorize, encourage or support others' attempts to engage in the following
activities: (i) circumventing, (ii) re-engineering, (iii) reverse engineering, (iv)
decrypting, (v) breaking, (vi) hacking, (vii) probing, (viii) phishing, (ix) inserting
or communicating viruses, Trojan horses or other code, or (x) otherwise altering or
interfering with the Service, including, but not limited to, any Download(s).
2. Registration and Access to Service
(a) Access to the Service. In order to use the Service, you must have a mobile
communications subscription with a participating carrier or otherwise have access
to a mobile communications network for which Company makes the Service available
as well as any carrier services necessary to download content (e.g., Telstra's Mobile,
Next G or 3G Networks), and pay any service fees associated with any such access. In
addition, you must provide all equipment and software necessary to connect to the
Service, including, but not limited to, a mobile hand set or other mobile access
device that is in working order and suitable for use in connection with the Service.
You are responsible for ensuring that your equipment and/or software do not disturb
or interfere with Company's operations. Any equipment or software causing interference
shall be immediately disconnected from the Service and Company shall have the right to
immediately terminate this Agreement. If any upgrade in or to the Service requires
changes in your equipment or software, you must effect these changes at your own expense.
Unless explicitly stated otherwise, any new or additional features that augment or enhance
the current Service, including the release of new products and services, shall be subject
to the terms and conditions of this Agreement.
(b) Subscription Plans. Company is offering through its Service a bundle of credits for
a defined number of individual Downloads (or, in some circumstances, individual Downloads)
on a renewable subscription basis depending on the 25184 Mobile plan you choose
(the "Subscription Plan"). To view the Subscription Plans the Company has offered,
go to 25184 Mobile “plans & pricing”. The details of the plans (the number of Downloads
available as part of a particular Subscription Plan, the renewal period of a particular
Subscription Plan, etc.) are incorporated into this Agreement by this reference and
form part of the terms of this Agreement. After you have signed up for a Subscription
Plan(s), you may view the details of your plan under “my locker” after you input your
mobile phone number and your password, or contact 1-888-890-6150
The Subscription Plan between you and the Company shall begin when the Company, upon
your request, has provided you with access to the Service (such access may be based on
a personal username and password generated for that purpose or on other data that
Company deems sufficient for your identification). Access to the Service can be provided
by delivering to you downloadable mobile entertainment content of the content category
you subscribed to (e.g., by delivering a ringtone or an SMS text service e.g. sports
results) or by enabling you to download the product (e.g., by delivering a WAP-Push
link or a PIN for download of the downloadable mobile entertainment content on Company
website) or by providing access to the mobile entertainment content (e.g., by enabling
MSISDN for this product). The subscription period is 1 month. The Subscription Plan and
subscription period will be renewed each month and a new subscription fee shall become
due for the concerned subscription period. The Subscription Plan shall remain in effect
until terminated and/or cancelled by you or Company according to Section 8 of this Agreement.
The 25184 Mobile Subscription Plans include a set number of credits that entitle you to
download, receive and/or access that set number of individual downloads of mobile
entertainment content for a monthly flat fee. After entering into your Subscription
Plan, every month Company will transfer download credits to your account. The type
and number of credits you are entitled to is dependent on the type of Subscription
Plan you choose. The provision of credits and the making available of the possibility
to download, receive and/or access mobile entertainment content is offered for a flat
fee. The monthly flat fee shall become due every month irrespective of whether or not
you actually download any content during any particular subscription period; the
consideration for the monthly flat fee shall solely be the monthly provision of the
right to download, receive and/or access downloadable mobile entertainment content,
in other words the making available of the respective download-, WAP- and SMS credits.
The number of credits for downloads shall be reduced by actual downloaded mobile
entertainment content, in other words the download of mobile entertainment content
is evaluated as redemption of one or more credits and thereby reduces the total number
of downloadable mobile entertainment content you are entitled to download, receive
and/or access during that particular subscription period. If you do not use/redeem
all your credits within the subscription period (1 month), the unused credits will
expire at the end of the respective subscription period. If you download mobile
entertainment content in excess of the amount allowed by your selected plan, then
you will be prompted to purchase an additional plan and be responsible for the
additional applicable monthly plan fee.
(c) Registration Data. If you opt to register for the Service on our Website,
you agree to: (i) provide true, accurate and complete information about yourself
as prompted by the registration form ("Registration Data") and (ii) maintain and
promptly update the Registration Data to keep it true, accurate, current and complete.
If Company has reasonable grounds to suspect that the Registration Data is untrue,
inaccurate or incomplete, Company has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion thereof).
You acknowledge and agree that we may rely on the Registration Data to send you
important information and notices regarding your account and our Services. You acknowledge
and agree that we shall have no liability associated with or arising from your failure to
maintain accurate Registration Data, including, but not limited to, your failure to
receive critical information about the Service or your account. You further agree that
we (ourselves or through third party service providers) are authorized to verify such
Registration Data.
(d) Username and Password. If you opt to register for the Service on our Website, you
may be required to establish an account and obtain a username and password. Your
username will normally be restricted to your cell phone number. You authorize us to
process any and all account transactions initiated through the use of your username
and password. You are solely responsible for maintaining the confidentiality of your
password and must immediately notify us of any unauthorized use of your username and
password. You acknowledge and agree that you are responsible for any unauthorized
activities, charges and/or liabilities made through the use of your username and password.
In no event will we be liable for the unauthorized use or misuse of your username and/or
password. The Company may need to change usernames allocated to certain of its Services
and reserves the right to do so. You will be informed if this is necessary.
(e) Access without Registration. Company may provide you with access to some Services
without you registering as a user, such as sign-up via SMS. In each such case your
identification is based on means of identification that we deem appropriate, such as
your mobile telephone number.
(f) License to Download(s). You acknowledge and agree that the Download(s) made available
as part of the Service are owned by Company, its affiliate and/or licensors, as applicable,
and are protected by intellectual property laws. Company hereby grants, and you hereby
accept, a limited, non-exclusive, non-transferable, revocable right and license to download
and use the object code version of the Download(s) and the Service on a designated compatible
mobile device solely for your own personal non-commercial use. You further acknowledge and
agree that you may not reproduce, modify, perform, transfer, distribute, sell, create
derivative works of or otherwise use or make available the Download(s) except as expressly
provided in this Agreement. No license is granted to you by this Agreement in the human
readable code, known as the source code, of the mobile entertainment content downloaded
on your mobile device, and no rights are granted to you by this Agreement in any patents,
copyrights, trade secrets, trademarks or any other rights in respect of the mobile
entertainment content downloaded on your mobile device.
This Agreement will terminate immediately, without notice, if you fail to comply with
any term or condition of this Agreement. Upon a termination of this Agreement, you agree
to immediately remove all downloaded mobile entertainment content from your wireless
communications device.
(g) Interruptions or Discontinuation of Service. Company 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. If the Service, or any part thereof,
for which you subscribe is permanently discontinued or canceled by Company we will cancel
your Subscription Plan and reimburse any pre-paid fees related to such Service, except
for termination made in accordance with Section 8 of this Agreement.
(h) Third Party Products and Services. We may make available or provide access to
products and services of independent third parties either directly or via links to
websites operated by such third parties. Such products or services shall be purchased
and/or obtained directly from such third party. You acknowledge and agree that COMPANY
SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING
PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR
INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES.
3. Privacy and Security
You acknowledge that, in connection with the Service, the Company may collect and
process "personal information" (that is, information that could be used to contact
you, such as full name, postal address, phone number, or e-mail address), "financial
information" (that is, credit card numbers, bank account information, or passwords),
or "demographic and usage information" (that is, information that you submit, or that
we collect, which is neither personal information nor financial information but
necessary for the proper functioning and billing of our service, such as the date
regarding the start and end and the extent of your usage of the service). We may pass
on your personal information, financial information, and/or demographic and usage
information to your mobile phone service provider, your credit card company, PayPal,
or another payment facility you have designated in order to secure collection of fees,
and such information collected by the Company may be stored and processed in the United
States, or any other country in which the Company or its agents maintain facilities.
By using the Service, you consent to any such transfer of information outside of your
country, and you also consent to the Company using your personal information to contact
you electronically, in writing, or otherwise to provide notices relating to your use of
the Service and to give you information about the products and services offered by the
Company and its affiliates. The Company may store your information beyond this date if
that is required by law or contract. Furthermore, we may disclose your personal information,
financial information, and/or demographic and usage information to law enforcement and other
governmental agencies or instrumentalities for legal proceedings and the prevention of
crimes, or to other third parties as may be required by law, statute, or regulation.
We take data security very seriously. We attempt to provide for the secure transmission
of information from your computer or mobile device to our servers by utilizing generally
accepted encryption software. However, due to the open nature of Internet communications,
we cannot guarantee that communications between you and the Company will be free from
unauthorized access by third parties. Users of the Website do so at their own risk. To
prevent unauthorized access and maintain accuracy, the Website has in place reasonable
physical, electronic, and managerial procedures to secure your personal information,
financial information, and demographic and usage information. Employees with access to
this information are required to follow our security protocols, which provided that such
information must be used only for the purpose of providing the Service to you. The
Company periodically reviews and updates as appropriate these information access controls.
4. Indemnification
You agree to release, indemnify, defend and hold harmless the Company, subsidiaries,
affiliates, officers, directors, shareholders, contractors, agents, employees, licensors
and assigns from all liabilities, claims, damages, costs and expenses, including reasonable
attorneys' fees, made by any third party due to or arising out of or in connection with
(a) your use of the Service, and (b) the breach by you of your representations and warranties
set forth herein.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO
ANY DOWNLOAD(S), IS SOLEY AT YOUR OWN RISK AND THAT 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 AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS
OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL HAVE NO
LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE,
OR TERMINATION OF THE SERVICE (OR ANY PART OF THE SERVICE). WE 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. THE
COMPANY 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 US OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT
EXPRESSLY MADE IN THIS AGREEMENT, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE COMPANY'S
ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY,
IN LAW, IN EQUITY, OR OTHERWISE WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT
AND/OR FOR ANY BREACH OF THIS AGREEMENT, IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH
SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS
ARE RESTRICTED, THE COMPANY, ITS LICENSORS, AND CONTRACTORS (INCLUDING ANY THIRD PARTIES
PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) EVEN IF THE COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT
THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH IN THIS AGREEMENT, OUR LIABILITY
IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
6. Intellectual Property Rights
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
("Company Intellectual Property Rights") are owned by Company or its licensors, and you
agree to make no claim of interest in or ownership of any such Company Intellectual Property
Rights. You acknowledge that no title to the Company Intellectual Property Rights is transferred
to you, and that you do not obtain any rights, express or implied, in the Service, other than
the rights expressly granted in this Agreement.
7. Fees
The amount of the monthly fees for the Subscription Plan to the Service are identified and
available as described above in Section 2(b). You agree to pay your mobile device operator
the monthly fee that corresponds to the Subscription Plan you select in accordance with the
fees in effect at the time of your order. Unless otherwise indicated, the charges shall be
invoiced on the bill from your participating mobile communications carrier. All fees are
subject to change upon notice from Company. Company will provide you with reasonable notice
of such change. If you do not accept the new fees (which will be applicable on a prospective
basis only), you will have 14 days from the date of such notice to cancel your subscription
plan and/or your account effective at the end of the calendar month. All fees are due
immediately and are non-refundable, except as otherwise expressly noted.
8. Termination and Cancellation of Services
To cancel your Subscription Plan, send a text message with the text "STOP" to 25184, or
such other number as may be designated on our Website, or go to my locker after you input
your mobile phone number and password on the Website, send an e-mail to support@25184Mobile.com
or contact 1-888-890-6150. The termination shall become effective at the end of the billing
period in which you gave your notice of termination.
You agree that Company, at its sole discretion, may at any time terminate your use of the
Service and Subscription Plan(s) or individual services provided via the Service and/or
change its content offering made available through the Service, if Company believes that
you have violated or acted inconsistently with this Agreement. You agree that upon
termination of your access to the Service under any provision of this Agreement, Company
may immediately deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or the Service. Further, you
agree that Company shall not be liable to you or any third party for any termination of
your access to the Service. If you cancel your account or Subscription Plan for any reason,
Company will not refund any of your fees paid to date, except as expressly provided in this
Agreement.
10. Miscellaneous Provisions
(a) Notices and Announcements. Except as expressly provided otherwise in this Agreement,
all notices to the Company should be in writing and delivered via overnight courier or
certified mail, return receipt requested to:
Bullroarer, Inc
731 Market Street, # 600
San Francisco CA 94103
USA
The Company will serve notices related to this contract by posting them on the Website or
by sending them to the postal address or e-mail address you have given to the Company or
as a text message to your mobile telephone number associated with your account. Notices
sent by mail shall be deemed received seven days after they were sent. Notices posted on
the Website or sent by e-mail or as a text message shall be deemed received on the weekday
following the day when they were posted or sent.
(b) Severability. You agree that the terms of this Agreement are severable. If any term
or provision is declared invalid or unenforceable, in whole or in part, that term or
provision will not affect the remainder of this Agreement; 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.
(c) Entire Agreement. You agree that this Agreement constitutes the entire, complete and
exclusive agreement between you and us 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.
(d) Assignment and Resale. Except as otherwise set forth in this Agreement, your rights
under this Agreement are not assignable or transferable. You agree not to resell the
Service or any portion thereof. You understand and agree that, except as expressly
provided in this Agreement, this Agreement is not intended to confer, and does not confer,
any rights or remedies upon any person other than parties to this Agreement.
(e) Governing Law. These Terms and Conditions are governed by the laws of NSW, Australia
and you and Bullroarer Corporation Pty Ltd agree to submit to the non-exclusive jurisdiction of
the courts of NSW. If you access this site from another location, you may be responsible for
compliance with applicable local laws.
(f) Waiver. No waiver of any provision of this Agreement shall be effective unless it
is in writing and signed by an authorized representative of the Company. The remedies
of the Company 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 a party, at any time or from time to time, to require performance of any
obligations of the other party under this Agreement will not affect its right to enforce
any provision of this Agreement at a subsequent time, and the waiver of any rights
arising out of any breach shall not be construed as a waiver of any rights arising out
of any prior or subsequent breach.
(g) Headings. The section headings appearing in this Agreement are inserted only as a
matter of convenience and in no way define, limit, construe, or describe the scope or
extent of such section or in any way affect such section.
(h) Survival. In the event this Agreement terminates as provided herein, Sections 2(b),
2(c), 2(e), 4, 5, 6 and 9 of this Agreement shall survive such expiration or termination.
Copyright on www.25184Mobile.com (including but not limited to text, photographs, graphics
and software) is owned by or licensed to Bullroarer, Inc. All rights are hereby reserved
by Bullroarer, Inc.
Users may access content on www.25184Mobile.com solely for their own personal, non-commercial
use. Users may not otherwise download or copy, store in any medium (including any other
website), distribute, transmit, re-transmit, modify, or show in public any part of
www.25184Mobile.com without the prior written consent of Bullroarer Corporation Pty Ltd
Bullroarer, Inc
731 Market Street, # 600
San Francisco CA 94103
USA
Customer Support:
e-mail: support@25184Mobile.com
This Agreement and your use of the Website and Service shall be governed and construed in accordance
with the laws of New South Wales. You further agree that for any matter arising out of or pertaining to
this Agreement venue shall be proper in courts and legal tribunals located in Sydney, NSW, Australia.
