Tell A Friend
(separate emails with commas)
#charCount# characters left
Keep spreading the word by using Flycell's 'Tell A friend' service everyday. Tell your friends, family or even your enemies when you discover those perfect ringtones, wallpapers and games!
Thank you for using 'Tell A Friend'.
Pick the LOWEST NUMBER
and YOU WIN!
Want to send a text, but can't get to your phone? Use TXTR to send a text directly from your PC to any mobile phone, at no cost. Stay in touch with your friends & family, and save some cash on your cell phone bill at the same time.
SEND A TEXT NOW!
Effective March 1, 2006
Last Revised December 18, 2008
FLYCELL, INC. ("Flycell") may at any time amend, supplement or modify the terms of this Agreement, and will post a copy of such amended Agreement at www.Flycell.com. You must be at least thirteen (13) years of age to use the Flycell Services. By providing information to Flycell through the account registration page for new customers or any other part of the Flycell Sites, you represent to Flycell that you are 13 years of age or older. If you are between 13 and 17, you represent that you received parental permission both to complete the registration process and to download content to your cell phone.
If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not continue the registration process or attempt to access any part of the Service. Flycell reserves the right to deny registration of any individual to the Flycell Services and to deny access to any Site.
The Services are available at websites on the world wide web owned and/or operated by Flycell or its affiliates (the "Sites") and includes everything on the Sites that may exist from time to time, including, without limitation, downloadable mobile entertainment, such as ringtones, wallpaper, games and graphics (collectively, the "Downloads") as well as participating in an online social networking website (collectively, the "Services"). PLEASE NOTE THAT THE SOCIAL NETWORKING WEBSITE IS FREE OF CHARGE BUT ALL OTHER SERVICES, INCLUDING THE DOWNLOADS, ARE PAID SERVICES. Once properly registered and after making proper payment, you will be permitted to download to compatible wireless telephones and other compatible devices certain Downloads through the Service. Through the Service, you will also be able to create buddy lists, sample streaming versions of certain Downloads and send messages, content and information to other members, subscribers and third parties through one or more means (the "Messaging Systems"). We make no representation as to compatibility of your wireless phone with our Sites.
In order to use the Service, you must register and provide certain information (e.g., name, country or territory of residence and billing information) to Flycell ("Registration Data"). You agree that you will use the Service only in the country where you currently reside. You agree to provide current, complete and accurate Registration Data at the time you register and that you will update your Registration Data as necessary to keep it current, complete and accurate in the "My Account" area of the Flycell Website. Flycell will use your Registration Data in accordance with its Privacy Policy, which you should review at www.flycell.com. Please review this Privacy Policy before you complete the registration process or attempt to use or access the Service. All terms and conditions provided in the Privacy Policy and hereby recited and incorporated into this Agreement. All capitalized terms not defined herein shall have the meanings ascribed to them in the Privacy Policy.
You agree that you will not allow others to use your member name, password and/or account. You agree to indemnify and hold harmless Flycell, its partners, parents, subsidiaries, agents, affiliates and/or licensors, etc. as applicable, for any improper, unauthorized or illegal uses of your member name, password and/or your account. This includes illegal, unauthorized or improper use by anyone to whom you have given permission to use your member name, password and/or account.
If you order a Download or other product and have problems, so that you are unable to download the product, let us know immediately by filling out our Support Form located at www.flycell.com. If we don't hear from you within seven days from the first date that the download was attempted, you will have been deemed to have successfully received the Download.
A refund will be issued if there is a technical issue that results in an inability of the user to receive their Download. Such issues may be corrupt files, system errors, or other unforeseen difficulties that may arise. If, however, you choose a phone or carrier we do not support, if you do not have text messaging and/or Internet enabled on your phone, or if you are simply dissatisfied with the actual product that has been correctly delivered, then YOU SHALL NOT BE ENTITLED TO A REFUND.
We will not share or use any details from your payment (except to arrange and/or clarify payment terms) with anyone outside Flycell and various third party partners.
You may use the Service only in accordance with the terms and conditions of this Agreement and any amendments as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time. The Service is for your personal and non-commercial use.
You understand and acknowledge that the Downloads made available as part of the Service are owned by Flycell, its business partners, affiliates and/or licensors, etc. as applicable, and are protected by intellectual property laws. Flycell grants you a limited, non-exclusive, non-transferable, revocable right to download the Downloads to your compatible device solely for your own non-commercial use. You understand and agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Downloads except as expressly provided in this Agreement. You agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of downloads.
When you buy a product or service from Flycell, we will charge you the price that is advertised at that time. We may periodically change the advertised price at our sole discretion.
You may Pay-by-Phone using any of the following carriers AT&T, T-Mobile, Sprint, Verizon Wireless, Nextel, Boost, Alltel or Cellular One. By making a purchase from Flycell that is billed to a cell phone account, you confirm you are the owner of the phone or have permission of the owner to incur these charges.
If you are not the owner of the wireless phone you intend to use for your participation in our Services, you should always obtain the permission from the owner before participating. If you are under 18 you should get parental permission and consent.
Flycell's rights to make certain Downloads available to you may expire. In such event, Flycell will not deliver to you the license necessary to play back any such Downloads after the end of the period in which such rights expire. If Flycell ceases making any such rights available, Flycell will not refund any portion of your fees, but you may contact customer support to the address below to receive appropriate replacement rights.
By completing the registration process, you authorize Flycell to charge the appropriate fees (including taxes or premium surcharges) to your mobile telephone invoice, as selected by you, and if you select the monthly fee subscription plan, you authorize the continued billing each month until you cancel such subscription. Message & Data Rates May Apply. If your billing information changes (e.g., new cell phone number or change of carrier), you must update that information in "My Account." If you cancel your account or subscription for any reason, Flycell will not refund any of your fees paid to date. Monthly subscribers are billed on a 30-day cycle, which begins on the first day you sign up for the subscription and ends 30 days thereafter (each, a "Subscription Month"). We will issue a charge to your cell phone invoice on the first day of each Subscription Month.
The charges will be billed to your wireless phone bill or deducted from your prepaid balance. You confirm you are the owner of the phone or have permission of the owner to incur these charges. If you are under 18 you confirm that you have parental permission and consent to incur these charges. You understand that you will be charged these fees regardless of whether you complete your Downloads. Do not enter your personal PIN code unless you have read, understand and agree to these terms and conditions. Customers may stop this subscription service by sending the word STOP in a text message to number 69999 or by contacting Customer Care. Subscription cancellation will become effective at the conclusion of the Subscription Month in which we receive the cancellation request for monthly subscribers. Weekly subscribers will be canceled immediately upon request. Standard text and picture messaging rates apply.
ClubPack: $9.99 per month; includes 10 credits used to download products and services including ringtones, wallpapers, games, applications, and SMS services. (For T-Mobile customers, games and applications are not supported). Charges will be billed to the user's mobile phone bill. Message & Data Rates May Apply . To cancel, text STOP CLUB to 69999. For more information, text HELP CLUB to 69999 or call 1-800-580-0017.
Clubpack Unlimited: $19.99 per month, includes unlimited downloads. This is for AT&T and Sprint customers only. Charges will be billed to the user's mobile phone bill. Charges will continue until cancelled by the user. Message & Data Rates May Apply. To cancel text STOP to 69999. For help text HELP to 69999 or call 1-800-580-0017.
SuitePack (52222): $9.99 per month includes 12 credits per month used to download products and services including ringtones, wallpapers, and SMS services. This is for AT&T, T-Mobile, and Verizon Wireless users only. Games not available for Verizon Wireless users. Charges will be billed to the user's mobile phone bill. Message & Data Rates May Apply. To cancel, text STOP to 52222. For more information, text HELP to 52222 or call 1-800-580-0017.
SuitePack Unlimited (52222): $19.99 per month includes unlimited downloads. This is for AT&T customers only. Charges will be billed to the user's mobile phone bill. Charges will continue until cancelled by the user. Message and data rates may apply. To cancel text STOP to 52222. For help, text HELP or call 1-800-580-0017.
FlyMobile Pack: $4.99 per month, includes 5 wallpapers or ringtones. Charges will be billed to the user's mobile phone bill. Message & Data Rates May Apply. To cancel, text STOP FLY to 69999. For more information, text HELP FLY to 69999. 1-800-580-0017.
MegaPack: $9.99 per month, includes 10 wallpapers or ringtones. Charges will be billed to the user's mobile phone bill. Message & Data Rates May Apply. To cancel, text STOP MEGA to 69999. For more information, text HELP MEGA to 69999. 1-800-580-0017.
KingPack: $7.99 per month, includes 8 wallpapers or ringtones. Charges will be billed to the user's mobile phone bill. Message & Data Rates May Apply. To cancel, text STOP KING to 69999. For more information, text HELP KING to 69999. 1-800-580-0017.
HyperPack: $5.99 per month, includes 6 wallpapers or ringtones. Charges will be billed to the user's mobile phone bill. Message & Data Rates May Apply. To cancel, text STOP HYPER to 69999. For more information, text HELP HYPER to 69999. 1-800-580-0017.
RealPack: $9.99 per month, includes 6 real tones and 3 wallpapers. Charges will be billed to the user's mobile phone bill. Message & Data Rates May Apply. To cancel, text STOP REAL to 69999. For more information, text HELP REAL to 69999. 1-800-580-0017.
TonePack: $9.99 per month, includes 10 Ringtones, Real Tones or Funny Tones. Charges will be billed to the user's mobile phone bill. Message & Data Rates May Apply. To cancel, text STOP TONE to 69999. For more information, text HELP TONE to 69999. 1-800-580-0017.
Horoscope: $9.99 per month. Message sent every day day of the week to your phone. Charges will be billed to the user's mobile phone bill. Message & Data Rates May Apply. To cancel, text STOP ZOD to 69999. For more information, text HELP ZOD to 69999. 1-800-580-0017.
LivePack: $5.99 per month, 5 items included in package: 4 Ringtones, Real Tones or Funny Tones plus 1 Game, Application or Theme (For T-Mobile customers, Games and Applications are not supported). Charges will be billed to the user's mobile phone bill. Message & Data Rates May Apply. To cancel, text STOP LIVE to 69999. For more information, text HELP LIVE to 69999. 1-800-580-0017.
PlayPack: $5.99 per month, 4 items included in package: 2 Games, Applications or Themes plus 2 Wallpapers or Animations (For T-Mobile customers, Games and Applications are not supported). Charges will be billed to the user's mobile phone bill. Message & Data Rates May Apply. To cancel, text STOP PLAY to 69999. For more information, text HELP PLAY to 69999. 1-800-580-0017.
PicPack: $5.99 per month, 5 items included in package: 4 Wallpapers or Animations plus 1 Game, Application or Theme (For T-Mobile customers, Games and Applications are not supported). Charges will be billed to the user's mobile phone bill. Message & Data Rates May Apply. To cancel, text STOP PIC to 69999. For more information, text HELP PIC to 69999. 1-800-580-0017.
Tone Pack 73333 $9.99 per month includes 10 Ringtones, Real Tones or Funny Tones. Charges will be billed to the user's mobile phone bill. Message & Data Rates May Apply. To cancel, text STOP to 73333. For more information text HELP to 73333 1-800-580-0017.
Mobile Match Up: $7.99 per month for peer-to-peer chatting through a mobile handset. Includes unlimited messaging between users of the service within the monthly fee. Charges will be billed to the user's mobile phone bill. Message & Data Rates May Apply. To cancel, text STOP DATE to 24444. For more information, text HELP DATE to 24444. 1-800-580-0017.
Pope's Thought of the Day Alerts: $6.99 per month subscription based premium SMS alert service to receive daily Pope's Thought of the Day, beginning the following day. Charges will be billed to the user's mobile phone bill. Message & Data Rates May Apply. To cancel, text STOP POPE to 69999. For more information, text HELP POPE to 69999. 1-800-580-0017.
SMS Love: SMS Love is a $9.99/month subscription-based premium SMS alert service that sends love/sex/personality/IQ-themed quizzes to users on a weekly basis for $9.99/month. Message and Data Rates May Apply. Users receive personalized quiz results based on their answers. For HELP text HELP to 69999. To cancel text STOP LOVE to 69999. Charges will be billed to the user's mobile phone bill. This service is intended for entertainment purposes only. Information and responses are generated by an algorithm and is not to be relied upon in making important decisions. Flycell makes no representations as to the quality, relevancy or appropriateness of any information or advice supplied by this service as applied to your individual circumstances and expressly disclaims any liability for any monetary or other injury or loss you may suffer in reliance upon such information or advice.
Voting 73333/69999 $0.50 per vote. Charges will be billed to the user's phone bill. Message & Data Rates May Apply. For help text HELP to 69999/73333. 1-800-580-0017
All fees are subject to change upon notice from Flycell. Flycell will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you will have 10 days from such notice to cancel your subscription and/or your account.
Flycell may include in the Service the ability for you to make electronic purchase(s). You acknowledge and agree that any submissions you make for electronic purchase(s) constitute your intent and agreement to be bound by the terms of and to pay for such purchase(s). You may withdraw your consent to enter into such electronic agreements by giving written notice to Flycell but if you do so, you will not thereafter be able to make any electronic purchase(s). To the extent that such electronic purchases are offered to you by a third party, you acknowledge that Flycell shall not be responsible or liable to you for the products or services purchased. Flycell does not make any warranty or representation for any third party product or service. The provisions of this paragraph do not apply to your agreement and arrangements to pay fees to Flycell for Downloads.
From time to time Flycell change their main Clubpack offer. Each time they do this they ensure the customer is better off. If at any point your monthly credits are reduced content pricing will be reduced to ensure you get even more content for your money.
Bid Hunter Pro is a subscription package which costs $9.99 per month ($6.99 for Boost Mobile customers). This entitles the subscriber to play Flycells new Low Bid/Reverse Auction game (Bid Hunter) via the web and SMS and also gives them unlimited text alert services such as Daily Horoscope and Joke of the Day. For Bid Hunter the subscriber has 30 guesses per day via SMS or web. At any given time prizes will be up for auction and the subscriber can submit a guess, the aim being to have the lowest unique number for that prize at the time that particular auction ends. The subscriber also has access to unlimited text alert services which they can select by logging in to the site. Charges will be billed to the user's mobile phone bill. Message and Data Rates may apply. To cancel, text STOP to 69999. For more information, text HELP to 69999. 1-800-580-0017.
Flycell is not responsible to you for any content or materials constituting all or part of any Download or any other aspect of the Service that you might find objectionable or contain explicit sexual content.
You understand that all information, data, text, files, graphics, links, music, photographs, software, sound, video, messages, communication or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Accordingly, you, not Flycell, are entirely responsible and liable for all activities conducted through your Account. Flycell does not control the Content posted or transmitted in any way via the Services and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using this Service you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Flycell be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, sent via SMS or otherwise transmitted via the Service. Listed below are some, though not all, violations that may result in Flycell terminating your Account. You agree not to do any of the following while using the Service:
Flycell is not responsible to you for any content or materials constituting all or part of any Download or any other aspect of the Service that you might find objectionable or contain explicit sexual content.
Flycell claims no ownership of Content you make publicly available on the Service, or otherwise upload, post or transmit for inclusion in publicly accessible portions of the Service. With respect to such Content, you grant Flycell a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display the Content for the purpose for which such Content was submitted or made available. This license terminates when you remove (or Flycell removes) such Content from the Service. You understand and agree, however, that Flycell may retain copies, but not display, perform, or distribute, server copies of Content that has been deleted or removed. The license granted above with respect to Content that consists of text, messages, or user comments posted to publicly accessible areas of the Flycell Website is perpetual and irrevocable.
Flycell may offer contests or promotions encouraging users to upload Content for judging or prizes. Content uploaded for a contest or promotion is subject to the terms of the specific contest or promotion.
Please choose carefully the information you post on Flycell.com and that you provide to other Users. Your Flycell.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Flycell.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Flycell.com assumes no responsibility or liability for this material. If you become aware of misuse of the Flycell Services by any person, please contact customer supports at Flycell.com immediately.
Flycell.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Flycell Services at any time, for any or no reason, with or without prior notice, and without liability. Flycell expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Flycell Services if Flycell determines, in its sole discretion, that you pose a threat to Flycell and/or its Users.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Flycell Services. Flycell reserves the right to investigate and take appropriate legal action against anyone who, in Flycell's sole discretion, violates this provision, including without limitation, removing the offending communication from the Flycell Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Flycell:
Prohibited activity includes, but is not limited to:
The Service features Messaging Systems that include text message capabilities and may from time to time contain other features that allow you to exchange messages, content and other information with other Flycell members and subscribers and third parties. Flycell has the right but not the obligation to monitor and edit or remove any activity or content it finds objectionable in such Messaging Systems. Flycell takes no responsibility and assumes no liability for any content, materials, messages and the like that you or any other subscribers, members or third parties post or send over the Messaging Systems. The Text Message content is for entertainment purposes only.
By posting messages, inputting data, or engaging in any other form of communication through the Service, you represent and warrant that you own or otherwise control all applicable rights to the content, materials, messages and the like that you post, upload, transmit or display; that the content, materials, messages and the like are accurate; that use of the content, materials, messages and the like that you supply does not violate third-party rights and will not cause injury to any person or entity; and that you will indemnify and hold harmless Flycell its partners, parents, subsidiaries, agents, affiliates and/or licensors, etc., as applicable, for all claims resulting from content, messages, materials and the like that you supply.
In addition to the above, you acknowledge and agree that Flycell may store and/or disclose, as applicable, any such content, messages or material it is required to do so by law, or has a good faith belief that such storage or disclosure is reasonably necessary to comply with court orders or other legal processes; to enforce this Agreement; to respond to any claims that such content (or your use of the same) violates any third party's rights; or to protect the rights, property or personal safety of Flycell, its business partners, affiliates, and/or licensors, etc., any other Flycell, subscriber or member, or the general public.
For additional information regarding Flycell's use of information collected in connection with the Service, please refer to Flycell's Privacy Policy.
By registering for a Flycell account, you agree that we may send you the following types of email communications: welcome emails, our weekly newsletter, account status updates and promotional content and solicitations. You may opt-out of receiving our email newsletter via the unsubscribe links in each email. You can also opt-out of specific types of email communications through your account settings. Our Services feature the distribution of content to your cellular phone, and by registering for a Flycell account, you agree to receive SMS messages to your phone, including messages regarding Services you request, account status updates, and occasional SMS newsletters. You will also have the opportunity to opt-in and receive surveys and promotional content by our affiliates. You may opt out of our SMS newsletter by sending an email or by responding to the SMS newsletter indicating that you would like to unsubscribe.
Our Sites may provide you with the opportunity to refer your friends, family members or relatives to the Flycell Services. For this feature of our Sites to work, we need to collect your friends and families' email addresses. The email addresses we collect in this context are not used for any other purpose other than to send a one-time referral.
Flycell respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service or the Downloads constitutes copyright infringement, please immediately send a notice to Flycell's designated agent to receive notice of possible copyright infringement as listed with the United States Copyright Office.
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Flycell and/or its partners, parents, subsidiaries, agents, affiliates, and/or licensors. You may not copy, display or use any of these marks without prior written permission of Flycell.
If Flycell (a) receives a notice alleging that you have engaged in infringing behavior or (b) reasonably suspects that your use of the Service or the Downloads violates Flycell, Inc.'s or others' intellectual property rights, Flycell may, in its sole discretion, suspend or terminate your account with or without notice to you. If Flycell suspends or terminates your Flycell account under this paragraph, it shall have no liability or responsibility to you, and Flycell will not refund any portion of your fees charged to date.
In addition to the restrictions set forth above, you acknowledge and agree that you may not copy, distribute, sell, resell or exploit for any commercial purposes, any portion of the Service (or any Downloads accessible on or through the Service), or your user name or password.
Flycell, Inc. and/or its business partners may present advertisements and promotional materials on or through the Service. Your participation in any Flycell promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither Flycell, Inc. nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
The Service may present links to retailers and/or other third-party websites not owned or operated by Flycell. These links are provided only as a convenience to you. Neither Flycell nor its partners, agents, affiliates, etc. are responsible for the availability of these outside sites or their contents. You understand and agree that neither Flycell nor its partners, agents, affiliates, etc. are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding these third-party sites to those sites' administrators.
Flycell reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that neither Flycell nor its partners, parents, subsidiaries, agents, affiliates and/or licensors etc. shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You understand and agree that any unauthorized use of the Service or the Downloads would result in irreparable injury to Flycell nor its, partners, parents, subsidiaries, agents, affiliates and/or licensors etc. for which money damages would be inadequate, and in such event Flycell its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Flycell nor its, partners, parents, subsidiaries, agents, affiliates and/or licensors etc. may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
You agree to indemnify and hold harmless Flycell and its agents, employees, representatives, licensors, licensees, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Service, including the Messaging Systems and the Downloads (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including reasonable attorneys' fees and court costs) as a result of any Claims.
Flycell may in its sole discretion terminate this Agreement or suspend your account at any time with or without notice to you. If Flycell terminates this Agreement, or suspends your account it shall have no liability or responsibility to you, and Flycell will not refund any portion of your fees. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with Flycell. This includes, but is not limited to, any dispute related to or arising out of: (1) any term of this Agreement or Flycell's enforcement or application of the same; (2) any policy or practice of Flycell, including its Privacy Policy, or Flycell's enforcement or application of these policies; (3) the Downloads or the Messaging Systems; (4) your use of and/or ability to access and use the Service; and (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You can cancel your account by delivering notice to Flycell at support@flycell.com. Cancellation for subscribers will take effect at the end of the Subscription Month during which you deliver notice to Flycell. If you are a subscriber who cancels his or her account near the end of the Subscription Month and cell phone bill is charged for the next month's fee, please contact support@flycell.com to have that charge refunded.
THE FLYCELL SERVICE, MATERIALS AND WEB SITE, INCLUDING BUT NOT LIMITED TO SERVICES AND MATERIALS SUPPLIED BY THIRD PARTIES THROUGH FLYCELL, ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO OUR CONTENT, INFORMATION, PRODUCTS, OR SERVICES PROVIDED HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE FURTHER DISCLAIM THAT OUR SERVICE WILL BE FREE FROM BUGS, DEFECTS, OR ERRORS OR THAT THE SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION. WE FURTHER DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE WITH REGARD TO OUR CONTENT AND ANY THIRD PARTY CONTENT DISTRIBUTED BY US, INFORMATION, PRODUCTS, OR SERVICES PROVIDED HEREUNDER.
We warrant that: once downloaded, the Downloads will operate until removed by you or a person to whom you have given access to the mobile telephone to which the Downloads were delivered; We are entitled to license you to use the Downloads for your personal use on your mobile telephone and that no third party will take action against you in respect of that use. Because you have chosen the Downloads or other products and have had the opportunity to review them prior to purchase, we accept no liability if the Downloads are in any way found to be of unsatisfactory quality or otherwise not suitable for your particular purpose.
IN NO EVENT SHALL WE BE LIABLE TO YOU UNDER THIS AGREEMENT FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS OR OTHER ECONOMIC DAMAGE, AND INJURY TO PROPERTY IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF THE SERVICES, THE TECHNICAL SYSTEMS, OR BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT. SUCH LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES.
Our entire liability for any claim concerning its performance or nonperformance in connection with this Agreement or the conduct of the parties in furtherance hereof under any legal theory, whether contract, tort, product liability, breach of implied duty or otherwise shall be limited to the amount charged for the Downloads. If you have any questions or comments, please let us know by completing our Support Form.
This Agreement and any other terms or documents referred to herein represent your entire agreement with Flycell with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Flycell's failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. The laws of the State of New York, excluding its conflicts-of-law rules, govern this Agreement and your use of the Service, including the Messaging Systems and the Downloads. You expressly agree that the courts in the State of New York have exclusive jurisdiction over any claim or dispute with Flycell or relating in any way to your account or your use of the Service, the Messaging Systems or the Downloads. You further agree and expressly consent to personal jurisdiction over you in the New York federal and state courts in connection with any such dispute including any claim involving Flycell or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers.
Please direct any questions concerning the Service or any other Flycell related issue, to a Flycell customer service representative by e-mail at: support@flycell.com
Copyright 2006-2008 © Flycell, Inc.
