Terms & Conditions

Last Updated: July 25, 2011

 

These Terms & Conditions ("Agreement") govern use of the NextPimp.com website ("Website") and the products and packages available for purchase on such website (collectively, the "Services"). By using the Services you agree to be bound by this Agreement. You must be at least thirteen (13) years old to use the Services. By providing any information through the Website, you represent that you are thirteen (13) years of age or older. If you are between thirteen (13) and seventeen (17) years old, you represent that you have received parental permission and consent to use the Services, including, but not limited to completing the registration process and ordering and Next Pimp Content.

 

This Agreement also incorporates by reference the terms and conditions of the Website Privacy Policy. This Agreement may be amended from time to time in the Website's discretion and pursuant to applicable law. Amended versions of this Agreement will be effective upon posting on the Website. YOU AGREE TO REVIEW THIS AGREEMENT FROM TIME TO TIME AND AGREE THAT ANY SUBSEQUENT ACCESS TO OR USE BY YOU OF THE SERVICES FOLLOWING CHANGES TO THE AGREEMENT SHALL CONSTITUTE YOUR ACCEPTANCE OF ALL SUCH CHANGES. IF YOU DO NOT AGREE WITH OR CANNOT COMPLY WITH THE TERMS OF THIS AGREEMENT YOU MUST EXIT THE WEBSITE IMMEDIATELY AND MUST NOT PROVIDE ANY INFORMATION TO THE WEBSITE OR ANY LINKED THIRD PARTY OR USE ANY OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON THE WEBSITE.

 

Available Content; Pricing; Delivery.

 

The Website offers ringtone, wallpaper, and game content. Ringtone content is delivered through Flycell, Inc and adheres to their subscription service of 25 credits for $9.99 a month. Each ringtone must be associated with a Flycell subscription in order to receive content via the mobile phone.  Ringtone subscription(s) must be agreed to in separate Flycell transaction. All wallpaper content has been provided from Website User Content and is available for download to logged in registered profile users' computer. Wallpapers are not available for download to mobile device. Games are available to play free of charge, within NextPimp.com, provided by powerongames.com. Content(s) of different users will be available for viewing under each user name log in information. Users will be able to login to a user-generated profile that contains, but not limited to; user name, user age, email gender, location based on area code, 'friend(s)' described as other user(s) approved to be associated as 'friend', 'fans' as to show what other users have selected to become a public 'fan' of another user(s) profile, and 'favorite' content which is content tagged by user(s) profile as favorite. Any User Generated Content is subject to an approval process that can take up to 5 business days.

 

 

Billing Information and Authorization

 

By entering the requested information, on the Flycell site, you authorize the Website and its owner to bill you through your phone bill in accordance with their Agreement..

 

Cancellation or Changing an Profile

 

To cancel a profile, you must send your request via email to support@NextPimp.com Please include the information of the person placing the request and reason for change or deletion.

 

Website Refund Policy

 

If you are not 100% satisfied with your order from NextPimp.com, we will issue a full refund provided that you contact us in accordance with the Questions section below to request a refund within thirty (30) days of placing your order. NextPimp.com is not responsible for any Flycell agreements agreed to by user.

 

Questions

 

If you have any questions about the Service, please read the Frequently Asked Questions. If this information doesn't sufficiently address your question, please contact us directly by using the live chat feature at the Contact Us webpage, by emailing us at support@nextpimp.com or by phone at 303-920-7934.  Cancellation requests made via phone will not be accepted without an accompanying written cancellation request via email.  Our regular customer service hours for phone and live chat are Monday through Friday, 9am to 5pm, MST (excluding Holidays).

 

Links

 

The Website contains hypertext links to the web sites of third parties ("Third Parties"). Such links and are provided for your convenience and reference only and the inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. The Website does not control these Third Parties and is not responsible for the privacy practices, terms and conditions, or the content of or any link contained in such other Third Party web sites. If you decide to access any Third Party website, you do so entirely at your own risk, and you agree to be subject to any such Third Party's terms and conditions and privacy policies. You are solely responsible for any dealings with Third Parties (including advertisers) listed in or accessible via the Services, including the delivery of and payment for goods and services.

 

Proprietary Rights

 

The materials available via the Services, including without limitation, text, information, documents, scripts, graphics, photos, organization, design, compilation, look and feel, illustrations, artwork, video, music, images, software, sounds, games, interactive features and all trademarks, service marks and logos or other works or materials (collectively, "Materials") are owned by or licensed to the Website and/or a Third Party provider(s) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. You must keep intact, and may not remove or alter any Materials or any copyright or other proprietary notices available via the Services, and you may not display or reproduce the Materials other than with the prior written consent of the Website.

 

User Content Provided via the Service

 

You are solely responsible for the messages, notes, text, information, and other content that you provide through the Service as part of the customization and order process (collectively "User Content").  You understand and agree that we may, but are not obligated to, review the orders placed via the Website and may delete or reject any User Content that, in our sole discretion, for any reason or no reason, violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
 
When you provide User Content to the Website, you authorize and direct us to make such copies of the User Content as we deem necessary in order to facilitate the fulfillment of the order, and you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, license to use, copy, reformat, and distribute such User Content for such purpose. We do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

User Content Provided via the Service of {Ringtone Maker}

The ringtone maker on this Site provided by {Ringtone Maker} is exclusively for creating a clip of legitimate copies of music on your computer. As a condition of accessing this Site you agree that you will not:

  1. Use {Ringtone Maker} facilities, services or resources (including the Site) in a manner which violates any applicable laws, regulations or third party rights;
  2. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or use explicit or obscene language or solicit, transmit, or post sexually explicit images (actual or simulated) in connection with your use of the Site;
  3. Use the Service in connection with any content for which you do not have the right to copy, transmit, modify, and play back or display using your mobile phone;
  4. Use {Ringtone Maker} facilities, services or resources in a manner which interferes with or disrupts other network users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorized entry to other computational, information or communications devices or resources. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission;
  5. Use {Ringtone Maker} facilities, services or resources for commercial purposes, or for the benefit of any third parties;
  6. Use ringtones created with the {Ringtone Maker} ringtone maker for uses other than personal purposes e.g. on your own mobile phone.
  7. Distribute any form of content that you create using the Service to any third parties; or
  8. Use the Service in a manner that {Ringtone Maker} reasonably deems to be inappropriate (e.g., unauthorized access, denial of service attacks, etc...).

 

 

 

Prohibited Activities

 

You may not use the Services in a manner inconsistent with any and all applicable laws, rules and regulations. The Services are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Materials, or products or services obtained from the Services. Materials owned by the Website's licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Materials to anyone, including but not limited to others in the same company or organization, without the Website's express prior written consent.

 

Warranty Disclaimer

 

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE OWNER OF THE WEBSITE PROVIDES THE WEBSITE, SERVICES, AND MATERIALS STRICTLY ON AN "AS IS" BASIS, FOR YOUR USE AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

THE OWNER OF THE WEBSITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, MATERIALS OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (i) ANY ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND/OR (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. THE OWNER OF THE WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE OWNER OF THE WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

Limitation of Liability

 

IN NO EVENT SHALL THE OWNER OF THE WEBSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE OWNER OF THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE OWNER OF THE WEBSITE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF TWENTY U.S. DOLLARS ($20) OR THE AMOUNT PAID, IF ANY, BY YOU TO THE WEBSITE FOR THE SERVICES GIVING RISE TO THE ACTION.

 

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE, THE MATERIALS, AND ANY SERVICES OR INFORMATION OFFERED THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDY SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND/OR THE EXCLUSION OF CERTAIN REMEDIES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF THE OWNER OF THE WEBSITE SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.

 

Disputes

 

The Services are hosted in the United States. Any dispute hereunder shall be governed by the laws of the State of Colorado, USA, without regard to conflict of law provisions. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Colorado, City and County of Denver and waive any objection based on inconvenient forum. You agree that: (i) the Website and the Services shall be deemed solely based in Colorado; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Website, either specific or general, in jurisdictions other than Colorado. You further agree that service of any process, summons, notice or document by U.S. registered mail to your address shall be effective service of process for any action, suit or proceeding in the state and federal courts located in the State of Colorado, with respect to any matters to which it has submitted to jurisdiction as set forth above.

 

Indemnity

 

You agree to indemnify and hold the Website, its parent, subsidiaries, and affiliates, and their respective members, officers, agents, partners, employees, successors and assigns, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, due to or arising out of (i) your acts or omissions concerning the Services and the Website; (ii) any breach of this Agreement including any representations and warranties made herein; and (iii) your violation of any third party right including without limitation any claim of defamation, invasion of privacy, right of publicity, unfair competition, infringement of a third person's intellectual property or other proprietary rights relating to your use of the Services or Website. The Website reserves the right to participate in such defense and settlement with its own counsel at its own expense. In no event shall you enter into any settlement that purports to bind the Website without the Website's prior written consent. The Website shall provide you reasonably prompt notice of any such claim and shall reasonably cooperate with you in the defense and/or settlement of such claim at your sole expense.

 

Trademarks

 

NextPimp.com, the NextPimp logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks (collectively "Marks") of the Website or its licensors. All other products, company names or other trademarks or service marks appearing on the Website are the property of their respective owners. Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on the Services without prior written permission of the Website or the respective owners.

 

Other

 

The failure of the Website or its owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Any aspect of the Services is void where prohibited by law.

 

Force Majeure . Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, terrorism, riots, acts of government, shortage of materials or supplies, or any other cause beyond the reasonable control of such party.

 

Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the use of the Services and the Website and supersedes all prior or contemporaneous communications between the user and the Website with respect to the Website and the Services. If any provision (or part thereof) of this Agreement is determined by a court of competent jurisdiction as part of a final non-appealable ruling, government action or binding arbitration, to be invalid, illegal, or otherwise unenforceable, such provision shall be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement shall remain in full force and effect and bind the parties according to its terms.

 

Survival . Any obligation of the parties relating to limitations on liability and indemnification shall survive termination or expiration of this Agreement.

 

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The NextPimp.com website is owned and operated by GetAds, LLC in association with Media Breakaway, LLC.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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