MOTIME - SUBSCRIPTION AGREEMENT
OUR SUBSCRIPTION SERVICES INCUR A MINIMUM MONTHLY CHARGE OF $2.99 - 9.99 PLUS APPLICABLE TAXES AND YOU SHOULD READ THIS SUBSCRIPTION AGREEMENT CAREFULLY BECAUSE OTHER CHARGES MAY APPLY TO YOU.
This Subscription Agreement applies to your enrollment and participation in our subscription-based motime.com Services and any other subscription services we offer (“Subscription Services”). When you subscribe, use or try to use our Subscription Services, you become a “Subscriber.”
SUBSCRIPTIONS. We have fixed fee periodic subscription plans through which our Subscription Services are available (See "Fees and Payment" below) that provides you with a specific number of digital credits (“Credits”) we allocate to your account on a periodic basis while your subscription is in good standing. You may exchange these Credits online or through your mobile handset for the right to receive or access a specified number of downloads of Content. The number of Credits varies depending on your subscription plan. Once you become a Subscriber, you must pay the subscription fee each month to maintain your subscription in good standing, regardless of whether you actually download any Content or use our Subscription Services. As you use your Credits in each period, the number available is reduced until you have used them all up for that period. You may not roll over or carry forward unused Credits and if you do not use all your Credits in any given month, all unused Credits for that month will expire.
If you are a motime.com Subscriber, you will be able to exchange your Credits for one-time downloads of Ringtones and Wallpapers made available via our Subscription Service (“Music Downloads”) as well as other Mobile Content for each month you have an active subscription in good standing. Of course, we can always give you bonus Credits at no additional charge, as part of a promotion, for certain categories of subscribers or for any reason we choose, but you understand and agree that since these are added as a bonus solely in our discretion, we have the right to discontinue, withdraw or change this bonus feature at any time without notice.
If you transfer your wireless number to another carrier, we are required to terminate your subscription automatically and you will forfeit and lose any and all Credits that were unused as of the effective date of your doing so. Of course, we hope you will re-subscribe with your new choice of carrier and if you need any assistance please feel free to contact our customer service representatives at 1-800-982-1358.
If you are a Subscriber to our motime.com Service, we may offer a feature that allows you to re-download certain Content previously downloaded, however this download may require additional credits (assuming you have Credits available) to re-download and replace the Content – even if you previously used Credits to obtain the original Content. We reserve the right to make this feature available only to Subscribers in good standing and we also have the right to discontinue, modify, make changes to this feature and to the Content and circumstances to which this feature applies, at any time. We have no obligation to make this feature available, consequently you should not rely upon it, since not only do we reserve the right to discontinue offering this feature any time, but we have no liability to you if it does not function or function properly for any reason.
If you are a subscriber, you agree to allow Motime to send you weekly messages via SMS text or browser message.
If we offer promotions that provide a free period of use, if the free period occurs before your first payment as a Subscriber is due, we may give you the right to use some or all of our Subscription Services before we charge you the first monthly fee. If such a promotion is available to you as an existing Subscriber, we may prorate your monthly fee, defer your billing for the promotional period, give you an extension at the end of the month or any other mechanism and we will describe that to you in the details of the promotion. If you are given a period of time to use all or any portion of our Subscription Services without charge before your first monthly fee for our Service becomes due, you have the right to notify our customer service representatives by phone at 1-800-982-1358 or by email at email@example.com that you wish to cancel, but in order to avoid paying the first monthly subscription fee, you must do so at least 24 hours before the ‘no-charge’ period ends. If you give us less than 24 hours’ notice, we may still be able to cancel your subscription, but, if we cannot, you will be responsible for the first month’s subscription fee in full, without a right to any refund.
FEES AND PAYMENT; Motime.com reserves the right to honor refunds at our own discretion. We will only honor purchases made within the past calendar year. If you don’t pay the monthly fee or your carrier or billing facilitator does not make payment to us, you will no longer be considered a Subscriber in good standing and we have the right, without notice, to suspend, cancel or terminate your subscription and your right to use our Subscription Services. All fees are due and payable within 30 days of the date of your bill. The fees, charges and payments described in this Subscription Agreement, do not include taxes and charges for third party services for which you are solely responsible.
You may terminate specific features, functions or services within our Subscription Services, including receipt of specific messages, at any time by notifying us using the keywords and procedures described on our Website (or in the messages we send you). If you wish to terminate any subscription completely, you may do so effective at the end of any calendar month by giving us notice. You will remain responsible for all fees and charges you incur or which otherwise become due as a result of your subscription before the effective date of termination.
You may terminate your subscription by calling our customer service representatives at 1-800-982-1358 or you can send us an e-mail at firstname.lastname@example.org which clearly states your decision to terminate a subscription. Please be specific since we cannot and will not terminate any subscription if your communication is not clear as to what you are instructing us to do.
We may suspend or terminate your status as a Subscriber, including use of any Content and/or any of our Services, including our Subscription Services, in whole or in part, without notice at any time in our sole discretion, for any reason or no reason. If you are a Subscriber in good standing and you have neither breached this Subscription Agreement, nor violated any laws or regulations, then we will, at our option, either continue to provide you with the Subscription Service for any month for which payment has already been made or alternatively we can provide you with a pro rata refund for Credits you have not yet used for the month in which our termination is effective. Except for these limited circumstances, you are not entitled to a refund or other compensation, damages or other consideration, nor are you relieved of any obligations, including your payment obligations up to the effective date of termination.
LIMITATION OF WARRANTIES, LIABILITY AND REMEDIES
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