Terms and Conditions

WELCOME TO STREETUNES

In these Terms and Conditions “you” and “your” refer to each customer (“Customer”) and its agents and “we”, “us” and “our” refer to EglooMedia INC. (“Company”), the operator of Streetunes.com and any successor thereto (the “Site”). These Terms and Conditions constitute an agreement (the “Agreement”) between you and us, and explain our obligations to you, and your obligations to us in relation to the services that may be provided hereunder (collectively, the “Service”). Please read this Agreement carefully. You may print a copy of this Agreement or make a copy on the hard disk of your computer by clicking here. Please note that once you begin receiving the Service you will not be able to cancel the Service except in the ways detailed in this Agreement. If you do not agree to these terms, you should not proceed any further on this Site or with registration. Otherwise you agree to use the Service under the terms of this Agreement with no exception or reservation. We may amend this Agreement from time to time, without personalized notice to you. Please check this Site regularly for posting of amendments to this Agreement. You agree that your continuing to use the Service after a notice of amendment to this Agreement has been posted on the Site or otherwise communicated to you will constitute your consent to such amendment.

By completing the registration process on the Site or by downloading content to any computer, mobile phone or other electronic device, you (1) agree to be bound by this Agreement, (2) represent that you are of legal age to enter into this Agreement or are at least 13 years of age and have your parent’s permission to do so and to use the Service, and (3) in the event you are not the payer of your wireless service bill, represent that you have the bill payer’s permission to enter this Agreement.

By signing up for this service and by entering the password which will be sent to the mobile phone number you have supplied, you acknowledge that you are subscribing to our services. The service is subject to this Terms and Conditions and to the privacy statement. Subscription is automatically renewed if not cancelled. You can always unsubscribe by sending a text message with the word STOP to 55999. You must be at least 13 years of age and have your parents and phone bill payer's permission to use the service. When downloading your content Other charges may apply.

Description of Service and Limitations on Use

Description of Service: As part of the Service, Company provides downloadable mobile entertainment content, such as ringtones, games, graphics, news and other information to certain compatible mobile devices (“Devices”). The manner in which Company transmits such content to Devices (each such transmission of content, a “Download”) varies among wireless service providers and the Customer’s means of selection of such content, as explained elsewhere in the Site.

Limitations on Use: You acknowledge and agree that the Service is for your personal use on the Device to which the Download is transmitted. 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 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 Service, including, but not limited to, any Download(s).

T-mobile clients cannot download Java Games and applications

Access to Service, Service Plans and Fees

Access to Service: In order to use the Service, you must have a wireless service contract with a network over which Company makes the Service available, and pay any service fees associated with any such contract. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a Device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your Device, including its software, do not disturb or interfere with Company’s operations. If your Device causes such interference, the Company will immediately disconnected your Device from the Service and Company will have the right to immediately terminate your Service and this Agreement at its sole discretion. If any upgrade in or to the Service requires changes in your Device, including its software, such changes will be at your own expense. Additions to the Service, including the Company’s release of any new product or service, will be subject to this Agreement unless expressly stated to the contrary in connection with such release.

Service Plans:

Company is offering the Service on a monthly subscription basis. Customers receive a bundle of credits for a number of Downloads during each month of the subscription (each, a “Month”). The Months are month-long periods as determined by Company, but need not be identical to calendar months. The monthly fees are as stated in the registration pages on the Site, or as may be set forth in connection with any Download, or as the Company may post on the Site or otherwise provide notice to you. Your subscription begins when Company, upon your request, provides you with means access to the Service. Such access means may be based on a personal username and password generated for that purpose or on other data that Company deems sufficient for your identification.

Your subscription will be renewed automatically at the end of each Month (unless you terminate in accordance with this Agreement), and the fee for the next will become due. The subscription plan will remain in effect until terminated and/or cancelled by you or Company according to this Agreement.

Customers participating in a subscription plan will receive an allocation of a fixed number of credits at the beginning of each Month. The credits entitles you to Download content, of the types corresponding to your subscription plan. The credit total in your account will be reduced with each Download. Please note that your monthly fee will become due each Month that your subscription is in place, regardless of whether you actually downloaded any content during that Month. Credits in your account that are unused at the end of a Month expire and may not be used the following Month. If your credit balance reaches zero during a Month.

Fees: Unless otherwise expressly stated, your fees for the Service will be invoiced on your wireless operator’s bill. All fees are due immediately and are non-refundable. The Company’s fees are subject to change upon notice from Company posted on this Site. If you do not accept the new fees (which will be applicable on a prospective basis only) you may terminate as provided in Section 8.

Non-Subscription Plans or Non-Monthly Subscription Plans. Company may choose to offer the Service on a pay-per-use or other non-subscription plan, or on subscription plans for other than monthly periods, and Company will post the terms of any such alternate plans on the Site.

Service charges are:

• The "Fun Plan" - $9.99 a month for downloads of ringtones, realtones, wallpapers and animations. Other charges may apply.

General Terms of Service

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, at its sole discretion, 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), and you and/or anyone on behalf of you will have no claim towards the company 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 Service. You acknowledge and agree that we will have no liability associated with or arising from your failure to give and/or maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your account.

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. 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. Company may need to change usernames allocated to certain of its Service and reserves the right to do so (you will be informed if this is necessary).

Access without Registration: Company may provide you with access to some Service without your registering as a user, such as sign-up via text message. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.

Limited License to Download(s): You acknowledge and agree that the Download(s) made available as part of the Service are owned by Company, its affiliates and/or licensors, as applicable, and are protected worldwide by various intellectual property laws. Company hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download each Download you purchase one time and use such Download solely on the Device and 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). You agree not to extract or harvest any information from any portion of the Service, including without limitation, from any user profile or any other portion of the Service or the Site, or to reverse engineer, decompile, disassemble, alter, duplicate, make copies of, distribute or provide others with the Service, the Company’s communications protocols and/or any information available on, derived or extracted from the Service or any part of the foregoing.

Interruptions or Discontinuation of Service: Company reserves the right at any time and from time to time, at its sole discretion, to modify, suspend, limit, deny, discontinue, permanently cancel the Service, or portions thereof, or create different levels of use to different users, all with or without notice to you, without liability of any sort to the Company. If the Service, or any part thereof, for which you subscribe is permanently discontinued or canceled by Company we will cancel your subscription and reimburse any pre-paid fees related to such Service, except for termination made in accordance with Section 8 of this Agreement.

Third Party Products and Service: 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. Sites to which the Site links are not reviewed, controlled or examined by the Company, and Company is not responsible for the content of any such sites or your use thereof.

Privacy: You hereby acknowledge and agree that we may collect, maintain, disclose and otherwise use your personal information as described in the Company’s Privacy Policy, which is posted here.

Indemnification: You hereby agree to indemnify, defend and hold harmless Company, its parent company, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, employees, licensors and assigns from any and all liabilities, claims, damages, costs and expenses, including but not limited to 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/or (b) your breach of this Agreement or any law.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

DISCLAIMER OF WARRANTIES: COMPANY MAKES NO WARRANTIES WITH RESPECT TO THE SERVICES, THE LIMITED LICENSE UNDER THIS AGREEMENT OR ANY OTHER MATTER HEREUNDER AND DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY EQUITY, COMMON LAW, TORT, CONTRACT, ESTOPPEL, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY IN AN AMOUNT IN EXCESS OF THE FEES YOU PAID FOR THE THREE MONTHS OF YOUR SUBSCRIPTION PRIOR TO THE TIME ANY PURPORTED CLAIM ACCRUED. IN NO CASE WILL COMPANY BE LIABLE FOR ANY (A) INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, (B) DAMAGES RESULTING FROM LOSS OF SALE, BUSINESS, PROFITS, OPPORTUNITY OR GOODWILL, (C) DAMAGES RESULTING FROM LOST OR CORRUPTED DATA OR CONTENT, OR (D) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES.

Intellectual Property Rights

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 etc. 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, therein, other than the limited license expressly granted in this Agreement.

Termination of Service

Termination by You: To terminate your subscription to the Service, use the Device linked to your subscription to send the text message “ STOP” to the Service short code designated for that purpose on the Site (check here). Company will reply to your Device by text message confirming cancellation of your subscription plan. Please note that it is your sole responsibility to ensure you have received such a confirmation for cancellation of the Service. If you have not received the confirmation text message within 12 hours after sending the text message “ STOP”, you must immediately contact our customer service email (see here) to prevent continuation of the Service and further accrual of charges. Termination will occur immediately upon receipt of such confirmation text message, without refund for any unused credits of portions of the then-current Month.

Termination by Company: You agree that Company, at its sole discretion, may at any time terminate your use of the Service or individual services provided via the Service, permanently or temporarily and/or change its content offering made available through the Service, at any time and with or without cause and without liability of any nature to the Company. Upon termination of your access to the Service, Company may immediately deactivate or delete your account information and all related information and files and/or bar any further access to such files or the Service. If you cancel your account or subscription for any reason, Company will not refund any of your fees billed or paid to date, except as expressly provided in this Agreement. Termination is not an exclusive remedy, and Company reserves all other available remedies in contract, law or equity.

Miscellaneous Provisions

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; and the remaining terms and provisions will remain in full force and effect.

Entire Agreement: This Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter hereof.

Assignment and Resale: Your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof. Company may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent, and in connection with an assignment of this Agreement in its entirety, Company will be discharged from any and all liability hereunder, provided that the assignee promises to perform this Agreement as if it were the Company.

Governing Law and Disputes: This Agreement and any disputes hereunder will be governed in all respects by and construed in accordance with the laws of the State of New York, without reference to its conflict of laws rules. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. You and we each agree to submit to exclusive personal jurisdiction and venue of the United States District Court for the Southern District of New York located in Manhattan for any disputes between us under or arising out of this Agreement, including any claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. In the case of such a dispute for which such court lacks subject matter jurisdiction you and we each agree to submit to the exclusive personal jurisdiction and venue of the Supreme Court of the State of New York for the County of New York. The parties hereby waive any right or claim to jury trial with respect to any action brought in connection with this Agreement.

Waiver and Remedies: No waiver of any provision of this Agreement will be effective unless it is in writing and signed by an authorized representative of Company. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder 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 will not be construed as a waiver of any rights arising out of any prior or subsequent breach. The remedies of Company under this Agreement will be cumulative and not alternative, and the election of one remedy for a breach will not preclude pursuit of other remedies.

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.

Survival: In the event your subscription to the Service is terminated, all sections of this Agreement which by their nature should survive termination will survive termination, including without limitation Sections 1(b), 3(a), 3(b), 4, 5, 6, 7 and 9.