MAZELMobile.com Terms and Conditions
In this Subscription Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and the Customer's agents, and "we," "us," and "our" collectively refer to LazBro, Inc. (the "Company"). This Agreement explains our obligations to you, and your obligations to us in relation to the "Service" (as defined below).
By either (i) completing the registration process on our website located at www.mazelmobile.com or any successor website (the "Website"), or (ii) downloading mobile content via Short Message Service ("SMS") to a mobile device (each, a "Download"), you are (A) AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND (B) REPRESENTING THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. USERS UNDER EIGHTEEN (18) YEARS OF AGE REQUIRE PARENTAL PERMISSION BOTH TO COMPLETE THE REGISTRATION PROCESS ON THE WEBSITE AND TO DOWNLOAD MOBILE CONTENT.
1. Description of Our Service
The Company provides downloadable mobile entertainment content, such as monophonic, polyphonic, realtone, or fun sound 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 Accessing Our Service
(a) Access to the Service. To use the Service, you must have: (1) a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which the Company makes the Service available, as well as (2) any carrier services necessary to download Content (such as T-Mobile's T-ZonesTM services) and to pay for 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. In particular, you must ensure that your mobile device is compatible with the Service and is correctly configured to enable SMS (for monophonic ringtones) and download of WAP Content (that is, for polyphonic, realtone, or fun sound ringtones, or for J2ME games). To receive WAP Content, you will need to click on the link found in the SMS sent by the Company to commence WAP download. You are responsible for ensuring that your equipment and software do not disturb or interfere with the Company's operations. Any equipment or software causing interference will be immediately disconnected from the Service, and the Company has the right to terminate this Agreement immediately. 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, will be subject to the terms and conditions of this Agreement.
(b) Service Plans. The Company is offering its Service as a monthly subscription service for a defined number of individual daily SMS alerts on a renewable subscription basis. The subscription Service between you and the Company begins when the Company, in response to a request from you, provides 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 the Company deems sufficient for your identification. Subscriptions can be purchased for a term of thirty (30) days (a "Subscription Month"). The subscription Service will be automatically renewed at the end of each Subscription Month, and a new subscription fee will become due for the concerned subscription period. The subscription Service will remain in effect until terminated and/or cancelled by you or the Company according to Section 9 of this Agreement.\
The Company's subscription plans includes a certain defined price-point that entitle you to download, receive, and/or access that defined number of individual downloads of mobile entertainment content for a per download fee.
(c) Promotions. The Company reserves the right to offer, from time to time and at its sole discretion. These promotions will be applicable only to new subscribers who subscribe to Service during the periods specified in the promotions. Furthermore, the Company reserves the right to withdraw a promotion at any time and without prior notice of any kind. If you accept Service under the terms of a promotion offered by the Company, once the promotion expires, you will automatically be charged the usual Monthly Subscription fee for the Service, unless you cancel your subscription to the Service before the expiration date provided in the promotion.
(d) Registration Data. If you 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 the Company has reasonable grounds to suspect that the Registration Data is untrue, inaccurate, or incomplete, the Company has the right to suspend or terminate your account and to refuse any and all current or future use of the Service (or any portion of the Service). 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 will 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 (that is, ourselves or through third-party service providers) are authorized to verify such Registration Data.
(e) Username and Password. If you register for the Service on our Website, you may be required to establish an account and obtain a username and password. 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 username and 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; we reserve the right to do so and will notify you if this is necessary.
(f) Access Without Registration. You may also subscribe to the Company's Services without you registering as a user, by: (i) sending a request code for the Download of your choice via SMS to our short number 42255 from the mobile device on which you wish to activate the service, and then (ii) replying with the word "yes" to the confirmation that is sent to your mobile device in response to your initial request. In such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number. The Company has no means of verifying that the mobile number provided by you is actually your number. Therefore, at the moment of communicating your mobile number, you are representing to us that the mobile number being sent to us is, in fact, a mobile number belonging to you, or that you have the express authorization of the person to whom that number belongs to communicate that number to us in order to subscribe to the Service on behalf of that person. We will collaborate fully with relevant governmental authorities upon the notification of any abuse of this service by any user, and particularly, any user who communicates a mobile number to us without the authority to do so from the person to whom such mobile number belongs. In these circumstances, the Company will provide the relevant governmental authorities with all the information in its possession to identify the person(s) committing or responsible for the abuse.
(g) License to Download(s). You acknowledge and agree that the Download(s) made available as part of the Service are owned by the Company, its affiliates, and/or its licensors, as applicable, and are protected by intellectual property laws. The Company grants, and you accept, a limited, non-exclusive, non-transferable, revocable license to download one copy of the Download(s) and use the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. This license expires upon cancellation of your subscription. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, resell, create derivative works of, exploit for any commercial purposes, or otherwise use or make available the Download(s), the Content, the Service, or your user name and password, except as expressly provided in this Agreement.
(h) Interruptions or Discontinuation of Service. The Company reserves the right at any time (and from time to time) to modify, suspend, discontinue, or permanently cancel the Service or a subscription plan (or portions of the Service or a subscription plan), with or without notice to you.
The fees for the subscription plans to the Service you select are available on our Website. You agree to pay your mobile device carrier fees for the Service you select in accordance with the fees in effect at the time of your order. Unless otherwise indicated, the charges will be invoiced on your mobile carrier's bill. All fees are subject to change upon notice from the Company. The Company will provide you with reasonable notice of such change.
All fees are due immediately and are non-refundable, except as otherwise expressly noted. The monthly subscription fee is due upon registration and the amount of the fee remains the same regardless of whether or how much you use the service in any given Subscription Month
Please, make sure that you have text messaging and/or web browsing enabled on your phone.
If you are uncertain about whether you have disabled text messaging and/or web browsing on your mobile phone, please check with your cell phone carrier or Contact Us before you subscribe.
4. 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, Italy, 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.
5. Objectionable or Explicit Content
You acknowledge that some of the Content or communications on the Service may be offensive to you or to others who you may expose, deliberately or inadvertently, to the Content or the Service. The Company makes previews of the Content available on the Website, and you agree to be responsible for previewing any Content with which you may be unfamiliar prior to requesting a Download of such Content. You agree that you will be solely responsible for any aspect of the Service that you or others might find objectionable.
You agree to release, indemnify, defend, and hold harmless the Company, its parent 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 (including, but not limited to, any infections or contaminations of the devices you use to access the Service or to transfer Downloads that may result from that use), and (b) the breach by you of your representations and warranties set forth in this Agreement.
7. 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.
8. Intellectual Property Rights
Except as otherwise set forth in this Agreement, the Company or its licensors own all right, title, and interest in and to any intellectual property, proprietary rights, or other rights related to intangible property that are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("Company Intellectual Property Rights"), 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. Furthermore, all trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin (collectively, "Marks") that appear on, or in connection with, the Service are the property of the Company and/or its affiliates, licensors, and/or licensees. You may not copy, display, or use any such Marks without prior written permission of the Mark owner. Artist names are only for identification purposes. If the Company has any basis to conclude that you may have infringed the intellectual property rights of the Company or others through the use or misuse of the Service, the Content, or the Downloads, the Company may, in its sole discretion, suspend or cancel your subscription with or without notice to you. If the Company suspends or cancels your account pursuant to this Section, the Company will have no liability or responsibility to you, and the Company will not refund any portion of fees charged to you prior to such suspension or termination.
9. Termination and Cancellation of Services
To cancel your subscription plan, (i) send a text message with the text STOP, END, QUIT, UNSUBSCRIBE from your mobile device via SMS to our short number, 42255, or such other number as may be designated on our Website.
You agree that, if you remain in breach of this Agreement for more than seven (7) days from notice of such breach, the Company, at its sole discretion, may at any time terminate your use of the Service or individual services provided via the Service and/or change its content offering made available through the Service. The Company may cancel all or any of the Services (or individual services provided via the Services) if the 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, the 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. Furthermore, you agree that the Company will 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 for any reason, the Company is not obligated to refund any of your fees paid to date, although it reserves the right to do so in the exercise of its discretion on a case-by-case basis.
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:
12840 Bonaparte Ave.
Los Angeles, CA 90066
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. Any disputes arising out of the subject matter of this Agreement shall be settled and resolved by arbitration in Los Angeles, California pursuant to the applicable provisions of the Federal Arbitration Act and the substantive law of the State of California, without regard to conflict of law principles. The arbitration shall be heard and decided by a panel of three arbitrators appointed as set forth below, except in case of the respondent-party's refusal to participate in the arbitration. The arbitration will be conducted pursuant to the Commercial Rules of the American Arbitration Association ("AAA"), but will not be administered by the AAA. A party (the "Claimant") may initiate an arbitration under this provision by sending the other party (the "Respondent") written notice describing the nature of the dispute and the relief requested by the Claimant in the arbitration. The Claimant must include in the notice the identity of the arbitrator chosen by the Claimant. The Respondent must submit an answer to the claims raised in the Claimant's notice, together with any counterclaims that the Respondent intends to assert against the Claimant, no later than thirty (30) days from receipt of the Claimant's notice of arbitration. At the same time, the Respondent must advise the Claimant of the identity of the arbitrator chosen by the Respondent. The two arbitrators chosen by the parties will select a third arbitrator, who will be independent of both parties and who will preside at all sessions of the arbitration. The arbitrators must decide the parties' disputes by majority vote; unanimity will not be required. The arbitrators chosen by the parties need not be independent of the parties selecting them, but are prohibited from engaging in ex parte communications with any party after the selection of the presiding arbitrator. In the event that the two arbitrators chosen by the parties cannot agree on the third arbitrator within thirty (30) days after service of the Respondent's answer, then either party may apply to a court of competent jurisdiction in Los Angeles, California to name the third arbitrator, who shall then preside at all sessions of the arbitration. If one of the parties refuses to participate in the arbitration, the arbitrators are empowered to make such rulings, including proceeding with the arbitration and rendering an award in the absence of the nonparticipating party, as the arbitrators deem just. In the event that the Respondent fails to respond to a notice for arbitration after having been ordered to do so by a court of competent jurisdiction, the Claimant may proceed to present its case to a single arbitrator to be chosen by the Claimant, who will be empowered to enter an award. An award entered after an arbitration conducted pursuant to this Agreement may be confirmed by any court of competent jurisdiction in Los Angeles, California. The parties consent to the jurisdiction of the federal and state courts in Los Angeles, California for purposes of enforcing the parties' respective rights under this Agreement.
(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), (d), (f), 6, 7, 8, and 10 of this Agreement shall survive such expiration or termination.
Copyright on www.MAZELMobile.com (including but not limited to text, photographs, graphics and software) is owned by or licensed to LazBro, Inc. All rights are hereby reserved by LazBro, Inc.
Users may access content on MAZELMobile.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.MAZELMobile.com without the prior written consent of LazBro, Inc.
12840 Bonaparte Ave.
Los Angeles, CA 90066
toll free #: 1-800-599-0791