WELCOME TO FUNMOBILE.COM! These Terms constitute a legal "Agreement"; please read them carefully. By completing the registration process on our website located at WWW.FUNMOBILE.COM OR by subscribing for mobile content to a mobile device (each a "Subscription"), you agree to subscribe to the Poly Ringtones, True Tones, Wallpapers, and Themes service-offered only to, and supported by Centennial, Sprint PCS and T-Mobile users to receive 5 Poly Ringtones credits/mo.; a fee of $9.99 per month. Themes are not available to Verizon Wireless customers. This fee will be billed to, or deducted from, the mobile account or the prepaid balance you identified until you send "STOP" to 99621 to cancel subscription. Messaging and data rates may apply. For help please send "HELP" to 99621.
Funmobile reserves the right to amend, supplement and otherwise modify these Terms at any time. Any modified version of these Terms will become effective ten (10) days after such modified version is posted at http://www.funmobile.com/tandc.do. By continuing to use any of the Services after such ten (10) day period has elapsed, you are indicating your acceptance of such modified version of these Terms. You are encouraged to visit http://www.funmobile.com/tandc.do periodically to familiarize yourself with the most current version of these Terms.
1. Permitted Users
2. Description of Services
The Services consist of providing mobile entertainment content, including ringtones, games, graphics and text alerts (collectively, "Mobile Content"), by way of SMS, MMS, WAP, the Internet or other means of delivery. Services are provided by Funmobile through automatically renewing subscription plans ("Subscription Plans") whereby Funmobile sends certain types of Mobile Content on a periodic basis or permits users to download certain types of Mobile Content, in each case subject to certain limitations. Funmobile may, at its sole discretion and without notice to you, change any Subscription Plan, including by adding, removing or modifying any Mobile Content (or any particular type or category of Mobile Content) available through any Subscription Plan. No such change will entitle you to any refund of any Fees paid by you for such Subscription Plan, and Funmobile will not otherwise have any liability in connection with any such change.
3. Carrier and Device Requirements
To use the Services, you must have access to the network of a mobile communications carrier for which Funmobile makes the Services available ("Carrier"). You are solely responsible for paying all service, network access, messaging and other fees charged by your Carrier. You acknowledge that, depending on your Carrier, some Services and Mobile Content may not be available to you. For example, no games will be available to you if your Carrier is T-Mobile.
In addition, you must own or have the right to use, and you must maintain in good working order, a cellular telephone or other device that is compatible with the Services (such device, including all software on such device, "Device"), and your Device must have all software necessary to connect to and use the Services. By registering on the Website or using any of the Services, you represent and warrant that you are the owner of, or have explicit permission to use, your Device, and that you have the right to incur charges to be billed to your Device. Funmobile will not be responsible for any damage to or loss of your Device. You shall ensure that your Device does not interfere with the operation of any Services. Funmobile reserves the right to disconnect and terminate the Services if your Device is found to be causing any such interference. You are responsible for enabling certain features and functions of your Device and mobile communication service, such as data connectivity and text messaging, that are required to use the Services. Funmobile makes no representations or warranties as to the compatibility of your mobile communication service or your Device with the Website, any Services or any Mobile Content. Your Carrier may impose limitations on delivery of certain types of content, so you should check with your Carrier to determine whether any limitations will preclude or otherwise affect your use of any Services or Mobile Content.
4. Subscription Periods
Each Subscription Plan to which you subscribe, whether at the time of registration or thereafter, will commence at the time you purchase your subscription and will remain in effect for the subscription period (e.g., one week or one month) specified at the time of such purchase ("Subscription Period"). Thereafter, your subscription to the Subscription Plan will automatically renew for additional, consecutive Subscription Periods until terminated pursuant to these Terms.
Certain Subscription Plans ("Credit-Based Plans") entitle you to receive a number of credits for redemption during each Subscription Period ("Credits"). For each Credit-Based Plan to which you subscribe, you will receive during each Subscription Period the number of Credits specified at the time you purchase your subscription. You may redeem such Credits to download the Mobile Content available through such Credit-Based Plan, provided that any Credits you receive during a Subscription Period must be redeemed during such Subscription Period (any Credits not redeemed during such Subscription Period will expire and will not roll over into the next Subscription Period). You may not use Credits you receive for one Credit-Based Plan with any other Subscription Plan.
Upon your successful registration on the Website, you will receive an account ("Account"). You will be required to obtain a password/PIN ("Password/PIN") to access the "My Profile" section of the Website, where you can view the details of your Subscription Plans and otherwise manage your Account. You will be solely responsible for maintaining the confidentiality of your Password/PIN; Funmobile will not be liable for any unauthorized access or use of your information, your Account or the Services due to your failure to secure your Password/PIN. You will be solely responsible for all activities conducted under your Account (including any charges and liabilities arising out of such activities), whether or not you authorized such activities, and you authorize Funmobile to carry out all transactions, including your subscription to additional Subscription Plans, that are initiated through the use of your Password/PIN. If you suspect any unauthorized disclosure, possession or use of your Password/PIN, Funmobile suggests that you change your Password/PIN or consult Funmobile. Funmobile reserves the right to require you to change your Password/PIN from time to time.
Subject to the terms and conditions of these Terms, Funmobile grants you a limited, non-exclusive, non-transferable, revocable license to download to your Device the Mobile Content made available by Funmobile through the Subscription Plans to which you subscribe, and to use such Mobile Content on your Device solely for your own personal, non-commercial use.
You shall not, and will have no right to, copy, reproduce, modify or create derivative works of any Mobile Content or Services, or perform, display, transfer, distribute, broadcast, sell or otherwise make available any Mobile Content or any Services to any third persons. You shall not, and will have no right to, use the Website or any Services, or download or use any Mobile Content, except as expressly permitted by these Terms. You shall not, and shall not attempt to, decrypt, hack or circumvent any protections contained in any Mobile Content, or reverse engineer, decompile, disassemble or otherwise obtain the source code for any Mobile Content, and you shall not authorize, assist or encourage others to any of the foregoing. You shall use the Website, Services and Mobile Content in a manner consistent with any and all applicable laws and regulations. Funmobile shall have no duty to and shall not investigate your use of, or your right to use, the Website or any Services or Mobile Content.
10. Third Party Websites and Products
Funmobile may, through the Website, the Services and the Mobile Content, present or otherwise make available to you links to third party websites ("Third Party Websites") and advertisements and other promotional materials ("Advertisements") for websites, products and services of third parties (collectively, "Third Party Products"). Funmobile will have no liability for any Third Party Websites or Advertisements, including the availability of such Third Party Websites or Advertisements or the accuracy of the contents thereof. In addition, Funmobile shall have no liability for any Third Party Products, including the availability, quality or safety thereof, and Funmobile shall not be a party to and shall have no liability for any transactions involving Third Party Products, including liability for any delivery, payment, support, warranty or other problems that may occur with such transactions.
12. Intellectual Property Rights
Funmobile, its affiliates and its and their licensors retain all right, title and interest (including, without limitation, all copyright, trademark, trade secret and other intellectual property rights) in and to the Website, the Services and Mobile Content available from the Website (collectively, "Funmobile Property"), including, without limitation, all text, images, graphics, audio, software code and other copyrightable subject matter contained in any Funmobile Property, all trademarks, service marks and other designations contained in any Funmobile Property, and all copyrightable and otherwise protectible elements (including, without limitation, the "look and feel") of any Funmobile Property. You agree to make no claim of interest in or ownership of any Funmobile Property. Funmobile reserves all rights not expressly granted to you in these Terms, and you acknowledge that you do not obtain any rights, express or implied, in any Funmobile Property, other than the rights expressly granted in these Terms. You shall not alter, delete or conceal any copyright notices or other intellectual property notice contained in any Funmobile Property. Funmobile will have no liability to you in connection with any claim of infringement, misappropriation or violation of any copyright, trademark, right of privacy, right of publicity or other right of a third party in connection with any Mobile Content or other Funmobile Property.
For each Subscription Plan to which you subscribe, you will be billed for, and you agree to pay, a subscription fee for each Subscription Period ("Subscription Fee"). You will be billed the Subscription Fees for the initial Subscription Period at the time you purchase your subscription, and you will be automatically re-billed additional Subscription Fees at the beginning of each subsequent Subscription Period. You will be billed for, and you agree to pay, Subscription Fees for each Subscription Period whether or not you actually download any Mobile Content, and in the case of a Credit-Based Plan, whether or not you use all Credits provided to you during such Subscription Period.
The Subscription Fee for each Subscription Plan will be specified at the time of your subscription, provided that all Subscription Fees are subject to change upon notice from Funmobile provided to you at least fourteen (14) days prior to such new Subscription Fees taking effect. If you do not accept the new Subscription Fee for any Subscription Plan, you must cancel such Subscription Plan, which cancellation will be effective at the end of the then-current Subscription Period. Your failure to cancel a Subscription Plan within such fourteen (14) day period will constitute your agreement to the new Subscription Fees. The then-current Subscription Fees are available to you in the "My Profile" section of the Website.
You may also be offered the opportunity to acquire Mobile Content or Credits on a one-off basis, in which case you will be billed for, and you agree to pay, fees for such Mobile Content and Credits that are separate from and in addition to any Subscription Fees.
You authorize Funmobile to charge all fees directly to your Carrier's invoice to you, and you agree to pay such Fees to your Carrier. Unless otherwise set forth in these Terms, all fees are non-refundable.
Other third party charges, such as from your Carrier, may apply when you register for or use any Service. Please review your agreement with your Carrier or contact your Carrier for more details.
14. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, SERVICES AND MOBILE CONTENT IS SOLEY AT YOUR OWN RISK. THE WEBSITE, SERVICES AND MOBILE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, FUNMOBILE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FUNMOBILE AND ITS AFFILIATES MAKE NO WARRANTIES THAT (A) THE WEBSITE, ANY SERVICES OR ANY MOBILE CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE, ANY SERVICES OR ANY MOBILE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (C) ANY MOBILE CONTENT OR SERVICES, OR ANY RESULTS OBTAINED FROM THE USE THEREOF, WILL BE ACCURATE OR CURRENT, OR (D) ANY MOBILE CONTENT OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR OF THE WEBSITE OR ANY SERVICES OR YOUR USE OR DOWNLOAD OF ANY MOBILE CONTENT. YOU MAY NOT RELY ON ANY INFORMATION OR ADVICE, WHETHER ORAL, WRITTEN OR OTHERWISE, OBTAINED BY YOU FROM FUNMOBILE OR IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MOBILE CONTENT, AND FUNMOBILE MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND RELATING TO ANY SUCH INFORMATION OR ADVICE. FUNMOBILE WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY, INCLUDING THE OWNER OF YOUR DEVICE, FOR ANY MOBILE CONTENT OR ANY OTHER ASPECT OF THE WEBSITE OR SERVICES THAT ANYONE MIGHT FIND OBJECTIONABLE. FUNMOBILE WILL HAVE NO LIABILITY TO YOU FOR ANY ACT OR OMISSION OF YOUR CARRIER, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF THE CARRIER OR ITS MOBILE COMMUNICATION SERVICE THAT DELAYS OR PREVENTS THE DELIVERY OF ANY MOBILE CONTENT TO YOU, OR THAT PREVENTS YOU FROM DOWNLOADING OR OTHERWISE ACCESSING ANY MOBILE CONTENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNMOBILE'S ENTIRE LIABILITY (WHETHER IN LAW, EQUITY OR OTHERWISE) TO YOU AND ALL THIRD PERSONS ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, ALL SERVICES AND MOBILE CONTENT, AND ALL OTHER ASPECTS OF THE TRANSACTIONS CONTEMPLATED BY THESE TERMS IS LIMITED TO THE AGGREGATE OF ALL AMOUNTS YOU PAID FOR THE SERVICES GIVING RISE TO SUCH LIABILITY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE LAST EVENT GIVING RISE TO SUCH LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNMOBILE AND ITS AFFILIATES, AND ITS AND THEIR LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICES), SHALL NOT BE LIABLE TO YOU OR ANY THIRD PERSONS UNDER ANY CIRCUMSTANCES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL OR DATA, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, ANY SERVICES OR MOBILE CONTENT, OR ANY OTHER ASPECTS OF THE TRANSACTIONS CONTEMPLATED BY THESE TERMS, EVEN IF FUNMOBILE OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT THAT ANY EXCLUSION, DISCLAIMER OR LIMITATION OF LIABILITY AS SET FORTH IN THESE TERMS IS PROHIBITED OR IS OTHERWISE NOT ENFORCEABLE UNDER APPLICABLE LAW, THE LIABILITY OF FUNMOBILE AND ITS AFFILIATES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You shall defend, indemnify and hold harmless Funmobile and its affiliates, and its and their officers, directors, shareholders, employees, independent contractors, agents and representatives, from and against all liabilities, damages, losses, costs and expenses (including, but not limited to, attorneys' fees and court costs) relating to any claims, actions, demands, causes of action and other proceedings arising out of or attributable to:
- Your failure to provide accurate, complete and current personally identifiable information requested or required by Funmobile;
- Your access or use of the Website or any Services or Mobile Content; or
- Access or use by others of the Website or any Services or Mobile Content using any Password/PIN that may be issued to you, whether or not authorized by you.
17. Cancellation of Subscription Plans by You
You may cancel any Subscription Plan in the "My Profile" section of the Website.
You may also cancel any Subscription Plan as follows: To cancel B/W Logo Club, please send "STOP RVLD" to 99621. To cancel Wallpaper Club, please send "STOP RVWD" to 99621. To cancel Games Club, please send "STOP RVGD" to 99621. To cancel Themes Club, please send "STOP RVTH" to 99621. To cancel Polytones Club, please send "STOP RVVC" to 99621. To cancel Daily Jokes, please send "STOP RVJK" to 99621. To cancel Daily Horoscopes, please send "STOP RVHC" to 99621. To cancel Truetones Club, please send "STOP RVDC" to 99621. To cancel Value Club 2, please send "STOP RVDD" to 99621. To cancel Joke Value Club, please send "STOP RVJV" to 99621. To cancel Horoscopes Club, please send "STOP RVHV" to 99621. To cancel Yo MaMa, please send "STOP RVYM" to 99621. To cancel Insults, please send "STOP RVIN" to 99621. To cancel Humor, please send "STOP RVHU" to 99621. To cancel Pick Up Lines, please send "STOP RVPL" to 99621. To cancel Love Quotes, please send "STOP RVLQ" to 99621. To cancel Friendship Quotes, please send "STOP RVFQ" to 99621. To cancel Daily Quotes, please send "STOP RVDQ" to 99621. To cancel Drink Recipe, please send "STOP RVDR" to 99621. To cancel Bible verses, please send "STOP RVDV" to 99621. To cancel Pick Up Lines, please send "STOP RVZU" to 99621. To cancel Love Quotes, please send "STOP RVZW" to 99621. To cancel Friendship Quotes, please send "STOP RVZV" to 99621. To cancel Daily Quotes, please send "STOP RVZX" to 99621. To cancel Drink Recipe, please send "STOP RVZY" to 99621. To cancel Bible verses, please send "STOP RVZZ" to 99621. To cancel Daily Jokes, please send "STOP RVZA" to 99621. To cancel Daily Horoscopes, please send "STOP RVZB" to 99621. To cancel Sprint Value Club 2, please send "STOP RVZH" to 99621. To cancel Pick Up Lines, please send "STOP RVZC" to 99621. To cancel Love Quotes, please send "STOP RVZD" to 99621. To cancel Daily Quotes, please send "STOP RVZE" to 99621. To cancel Drink Recipe, please send "STOP RVZF" to 99621. To cancel Bible verses, please send "STOP RVZG" to 99621.
You may also cancel any Subscription Plan by sending an e-mail to or by contacting our customer services representatives at 1877 258 9064.
Any cancellation of a Subscription Plan by you shall become effective at the end of the then-current Subscription Period. You will not be entitled to any refund of any fees paid by you for any Subscription Plan that you cancel, even if your cancellation occurs prior to the end of the then-current Subscription Period.
18. Termination of Services by Funmobile
19. Miscellaneous Provisions
These Terms are governed by, and are to be construed in accordance with, the internal laws of the State of Delaware, USA without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Delaware. Notwithstanding the foregoing, Funmobile will have the right to seek injunctive or other equitable relief in any court of competent jurisdiction. YOU HEREBY WAIVE TRIAL BY JURY OF ANY ACTION IN CONNECTION WITH THESE TERMS, THE WEBSITE OR ANY SERVICES OR MOBILE CONTENT.
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES WITH AND CLAIMS AGAINST FUNMOBILE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE OR ANY SERVICES OR MOBILE CONTENT SHALL BE FINAL AND BINDING ARBITRATION, except that you and Funmobile acknowledge that arbitration is not an adequate remedy at law, and that injunctive or other appropriate relief may be sought, with respect to any claim that either you or Funmobile has (or has threatened to) in any manner infringed, misappropriated or otherwise violated any patent, copyright, trademark, trade secret or other intellectual property rights of the other party or any of its licensors.
Arbitration under this Agreement shall be conducted by the American Arbitration Association ("AAA") under its applicable arbitration rules ("AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you or Funmobile related in any way to these Terms, the Website or any Services or Mobile Content, be instituted more than three (3) years after the cause of action arose.
If any portion of these Terms is deemed unlawful, void or otherwise unenforceable by any arbitrator or court of competent jurisdiction, such portion shall be construed in a manner consistent with applicable law to achieve, as nearly as possible, the same economic and legal effect, and the remaining portions shall remain in full force and effect.
The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms.
No waiver of any portion of these Terms shall be effective unless it is in writing and signed by an authorized representative of Funmobile. The failure of Funmobile to require performance of any of your obligations under these Terms shall not affect Funmobile's right to enforce any provision of these Terms 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. No waiver of any provision of these Terms shall be effective unless it is contained in a writing that is signed by an authorized representative of Funmobile. The remedies of Funmobile and its Affiliates under these Terms shall be cumulative.
Funmobile may serve notices related to these Terms by posting them on the "My Profile" section of the Website or by sending them to the postal address or electronic mail address provided by you or as a text message to the mobile phone number you provide. Notices sent by mail shall be deemed received seven days after they are being sent. Notices posted on the Website or sent by e-mail or as a text message shall be deemed received one day after they are posted or sent. Except as expressly provided otherwise in these Terms, all notices to Funmobile shall be in writing and delivered via overnight courier or certified mail, return receipt requested to: Mobilefunster, Inc., 1500 Fashion Island Blvd Ste 209, Foster City CA 94404, San Mateo, CA, USA.
You shall not, and will have no right to, assign, delegate or transfer (whether voluntarily, by operation of law or otherwise) these Terms, or any of your rights or obligations under these Terms, to any third person.
Your obligations under Sections 9, 10, 11, 12, 13, 14, 15, 16 and 19 of these Terms shall survive any cancellation or termination of the Services.
Alerts sent via SMS may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer's equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered.