Send to my Mobile Terms & Conditions ("Terms")

WELCOME TO PLYmedia’s ‘Send to my mobile’ service ("STM Service") which is a technology- enabling service operated by PLYmedia (“PLYmedia” or the “Company”), a company incorporated in the State of Delaware, its subsidiaries, parent company or affiliates. The STM Service is operated as part of the PLYmedia PLYplatform services and applications owned by PLYmedia and has been integrated with the consent and approval of the site which hosts the content, has the rights in the content or was granted the rights in the content, and makes it available for view , (hereafter, the “Content Site”).. These Terms of Service ("Terms") constitute a legal agreement ("Agreement") between you, PLYmedia and the Content Site and are in addition to the term of use of the Content Site to govern the use of the STM Service; please read them carefully. By completing the registration process on the Content Site or any successor website thereto OR by clicking the acceptance of these terms prior to using the STM Service OR downloading mobile content to a mobile device (each 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 STM Service on behalf of the subscriber; and (2) agree on behalf of the subscriber and yourself to be bound by these terms and conditions of this Agreement. If you access the STM Service through another website, please review these terms and conditions on that website or other posted guidelines as they may apply to your use. Any questions or comments regarding, or problems with, the PLYmedia Site or STM Service should be sent to info@plymedia.com.

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 PLYmedia, PLYmedia.com and the Content Site. This Agreement explains our obligations to you, and your obligations to us in relation to the STM Service.

PLYmedia reserves the right to modify these Terms, in whole or in part, at any time. Changes to these Terms will be effective when posted. Your use of the STM Service shall evidence your acceptance of the changes to these Terms and shall constitute your agreement to be bound thereby.

1. Description of PLYmedia STM Service

PLYmedia provides, or may provide in the near future, a technology-enabling service for the download of mobile entertainment content, such as, but not limited to, ringtones, videos, graphics, news and other information data via the Internet, SMS, MMS, WAP, BREW, IVR and other means of mobile content delivery to certain compatible mobile devices (the "STM Service"). It is stated that PLYmedia is not the provider or licensor of the Content which is downloaded but only provides the technology-enabling service for its download, condition that you have the rights or granted the right by the Content Site to download such content. You acknowledge and agree that the STM Service is for your personal use on the mobile device designated during the Download or Registration. You agree that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the STM Service, including, but not limited to, any Download(s). You may not, or attempt to (or otherwise authorize, encourage or support others' attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the STM Service, including, but not limited to, any Download(s). Please note that the STM Service is not compatible with all mobile devices. Please write us for details concerning content availability for certain devices.

2. Access to STM Service

(a) Access to the STM Service. In order to use the STM Service, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which PLYmedia makes the STM Service available (e.g. a prepaid plan) as well as any carrier services necessary to download content (access to your carrier's data plan), and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the STM Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the STM Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with PLYmedia's operations. Any equipment or software causing interference shall be immediately disconnected from the STM Service and Plymedia shall have the right to immediately terminate this Agreement. If any upgrade in or to the STM 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 STM Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

(b) Individual Downloads. When you purchase Individual Downloads or use the STM Service in any way, standard messaging rates and the terms and conditions of your carrier service agreement will apply. Please note that the STM Service and/or Individual Downloads may not be available for use on all mobile devices. Check with your carrier service provider for details.

PLYmedia may offer through its STM Service individual Downloads for one-time non-recurring charges ("Individual Downloads"). The price by content type for Individual Downloads, if any, will be listed on the STM Service Registration menu which will appear after you click on the STM Service button at a participating Content Site. The price per Individual Download shall depend on (but is not limited to) the country in which your mobile or cellular phone operates, the currency of the transaction and the Content Site pricing requirements. The details of the Individual Downloads are incorporated into this Agreement by this reference and form a part of this Agreement. All terms and conditions of this Agreement shall govern any Individual Downloads.

(c) Access without Registration. PLYmedia may provide you with access to some STM Services without you registering as a user, such as sign-up via SMS or via Individual Download purchases. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.

(d) License to Download(s). You acknowledge and agree that the Download(s) made available as part of the STM Service are owned by the participating Content Site, its affiliate and/or licensors, as applicable or by the copyright owners who have uploaded the content to the Content Site and have authorized the Content Site to offer their content and they have agreed to offer their content as part of the STM Service. All content available for download are protected by intellectual property laws. Your rights to view or download the Content are governed by the terms of use with the Content Site and you may not download content if not permitted by the Content Site, even if such download is technologically-enabled. PLYmedia and the Content Site hereby grant, 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 STM 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, duplicate, modify, perform, transfer, post, 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 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 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 or any other storage device in which the content is stored.

(e) Interruptions or Discontinuation of the STM Service. PLYmedia reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the STM Service, or portions thereof, with or without notice to you.

3. Privacy

PLYmedia is committed to the privacy of the users and does not collect, process or sell any identifying information from users of the STM service. The only identifying information which is collected and used by PLYmedia is information required for billing purposes and this information will be deleted after the end of the billing cycle, as determined by the Mobile Phone Carrier and the Billing Agent. PLYmedia may collect non-identifying information about the downloaded content, types of usage of the STM Service or usage patterns for statistical purposes and will not sell this information or share it with third parties beside the Content Site.

4. Indemnification

You agree to release, indemnify, defend and hold harmless PLYmediaand their respective parent companies, subsidiaries, and affiliates, including technology affiliates and billing agents, together with their respective officers, directors, shareholders, contractors, agents, employees, licensors and assigns from and against all liabilities, claims, damages, costs and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with (a) your use of the PLYmedia Site, the Content Site and its STM Service; (b) your failure to use the Site; (c) your breach or alleged breach of this Agreement; (d) your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties , and (e) 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 STM SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY 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 PLYMEDIA, ITS AFFILIATES AND BILLING AGENT, AND CONTENT SITE SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE STM SERVICE, OR ANY PART THEREOF. 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. PLYMEDIA AND CONTENT SITE MAKE NO WARRANTIES THAT THE STM SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE STM 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 SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 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 PLYMEDIA OR THE CONTENT SITE’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 STM SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH STM SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, PLYMEDIA CONTENT SITE, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE STM SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF PLYMEDIA OR CONTEN SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE OR COUNTRY DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES OR COUNTRIES.

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 STM Service ("Intellectual Property Rights") are owned by PLYMEDIA y or its licensors, and you agree to make no claim of interest in or ownership of any such Intellectual Property Rights. The copyrighted content made available to you to download as part of the STM Services are the intellectual property rights of the Content Site or the original creator who uploaded the content to the Content Site (the “Uploader”) and has warranted that content uploaded to the Content Site is the sole property and all rights, images, usage, music, contained therein are the sole property of the Uploader. For more details regarding the use, restrictions, claims, disclaimers related to the content at the Content Site, please visit the respective Content’s Site terms of use page.

7. Termination and Cancellation of Services

As your agreement with the STM Service relates to Individual Downloads, cancellation or termination if not required, just discontinue your use of the STM Service and you or your mobile phone carrier shall not be billed for any cancellation or termination surcharges. However, should you reuse the STM Service, or portion, thereof, you and/or your mobile phone carrier may be charged the standard Service rates as applicable.

You agree that Company, at its sole discretion, may at any time terminate your use of the STM Service or individual services provided via the STM Service, if PLYmedia believes that you have violated or acted inconsistently with this Agreement or breached any relevant law, rule or regulation or that you have engaged in conduct that PLYmedia considers to be inappropriate or unacceptable.

You agree that upon termination of your access to the STM Service under any provision of this Agreement, PLYmedia 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 STM Service. Further, you agree that PLYmedia shall not be liable to you or any third party for any termination of your access to the STM Service.

8. Miscellaneous Provisions

(a) Notices and Announcements. Except as expressly provided otherwise herein, all notices to PLYmedia shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:

PLYmedia Inc.724
Arastradero Rd, Suite 109
Palo Alto, CA 94306
Attention: STM Administrator

Our customer service department can be reached at info@plymedia.com.

PLYmedia shall serve notices related to this contract by posting them on the PLYmedia Site or by sending them to the postal address or e-mail address you have given to 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 PLYmedia 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) Copyright Infringement:

If you believe that your work has been copied and posted on the STM Service in a way that constitutes copyright infringement, please contact the participating Content Site, following the Content Site's respective reporting procedure, and provide them with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the STM Service; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) 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.

(c) Severability. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

(d) Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the STM 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.

(e) Assignment And Resale. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.

(f) Governing Law. This Agreement is governed in all respects by and construed in accordance with the laws of the State of California without given effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of California, County of Los Angeles or, if appropriate, the United States District Court for the Central District of California for any resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the PLYmedia Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action, or proceeding. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

(g) Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of PLYmedia. The remedies of PLYmedia 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 hereunder shall 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.

Effective Date: January 1, 2008