PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY USING THE SITE(S) AND SERVICE(S), YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Your use of 50501.mobi’s WAP site, web site, Content, and/or Software (as defined below and collectively referred to as the "Site" unless specifically stated otherwise) is conditioned on your acceptance of the terms, conditions, and notices contained in this Terms of Use Agreement (the "Terms of Use Agreement"), which shall be referred to as the "Terms of Use" unless specifically stated otherwise.

The Site is owned and operated by Drop In Media, LLC. Drop In Media, LLC reserves the right to modify the Terms of Use at any time without notice. Modifications will be effective immediately as of the date that modification is posted on the Site. Your continued use of the Site indicates your knowledge and acceptance of the Terms of Use and any subsequent modifications thereto.

Where specifically stated, additional terms of use or guidelines for use may govern specific areas of the Site or certain products or services provided on the site. Your use of these specific areas of the site or certain products or services is subject to any such additional terms of use or guidelines, which are hereby incorporated by reference.

If you do not agree to this Terms of Use (including any referenced policies or guidelines), please immediately terminate your use of the Site.


MINIMUM AGE REQUIREMENT

The minimum age to use any of our products or services is 13. If you are between the age of 13 and 18, you should review these Terms of Use with your parent or legal guardian to make sure that you and your parent or legal guardian understand these terms and conditions. Minors using our Site MUST have their parent or guardian's permission. Certain services or Content offered by us are for the sole use of individuals over the age of 18; if you are not 18 or older you may not use such service or Conte


LICENSE AGREEMENT AND RIGHTS

All Content and Software that is made available to view or download in connection with the Site is owned by and is the copyrighted work of Drop In Media, LLC or its licensors. "Content" in these Terms of Use shall mean all Software, object code, source code, schematics, data, text, sound, graphics, motion graphics, animations, video, photographs, images, documents, papers, instructions, information and other material, available for viewing, streaming, or downloading through or incorporated into the Site. "Software" in this Agreement shall mean all object, source code, games, or other software available on or through the Site whether in written form as part of a document or as a file capable of being downloaded together with all documentation, explanatory notes and other materials associated therewith.

Your use of the Site or any of the services available through the Site constitutes your acknowledgement that the Content and the Software contain proprietary and confidential information and that such proprietary and confidential information is protected by all applicable local, state, federal and international intellectual property and other laws. In addition, your use, whether authorized or not, of the Content or Software constitutes your acknowledgement that the Content or Software of Drop In Media, LLC or that of third parties available through the Site contains protected proprietary information, copyrights, trademarks, trade names, service marks, patents, or other intellectual property rights owned by the respective owner of such Content or Software. You hereby agree not to sell, assign, license, sublicense, distribute, create derivative works of, loan, copy, modify, reverse engineer, reverse assemble, attempt to discover source code, or otherwise exploit or transfer any right in the Content, the Software, the Site or any portions thereof without the express prior written permission of Drop In Media, LLC or other applicable third parties.

You may not download, install or use any Content or Software that is accompanied by or that includes a license agreement unless you first agree to the terms of such license agreement.

Any modification, reproduction or redistribution of the Content or Software is expressly prohibited by law. You acknowledge that the Content, Software, and any accompanying documentation or technical information, is subject to applicable export control laws and regulations of the United States or the laws of the country in which you reside and that you will act in compliance with any such export control laws and regulations.


UNLAWFUL USE

You may not use the Site for any purpose that is unlawful or prohibited by the Terms of Use. You agree not to use the Site to (a) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (b) carry out any unauthorized alteration of any data or information on or supplied through the Site; (c) conduct any activity that infringes on the copyright, patent, trademark, service mark or any other rights of any person or entity; (d) harm in an manner a minor, as defined by the laws or regulations of the respective country; (e) upload, post, e-mail, attach, transfer, transmit, share or otherwise distribute in any way any Software or Content received on or through the Site.

You shall not use the Site in any manner that could damage, disable, overburden, or impair any Drop In Media, LLC’s service(s) or interfere with any other party's use or enjoyment of any Drop In Media, LLC service(s). You may not attempt to gain unauthorized access to any Drop In Media, LLC service(s) or accounts not registered to you, or computer systems or networks connected to any Drop In Media, LLC service(s) through hacking or any other means. Drop In Media, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, with or without cause and without notice.

Some content, materials, services and links on the Site may not be appropriate or available for use in all jurisdictions, particularly some jurisdictions outside of the United States. Accessing any such content, materials, services or links from certain jurisdictions may be illegal and prohibited. Accessing any of the foregoing from any such jurisdiction is done so at your own initiative and Drop In Media, LLC is not responsible for your or its compliance with any other local applicable laws. You hereby agree that you shall not access any of the foregoing where prohibited by any such law.


MMS ALERTS SERVICE

Your monthly text alert subscription will be automatically renewed if not unsubscribed. For support, email us at help AT 50501.mobi, call us at 888.712.6944, or text HELP to the shortcode used to participate in the program. To unsubscribe, send STOP in a text message to the shortcode used for connection. Charges will appear on your cellular phone bill and other charges may apply.


PURCHASES AND PAYMENTS

The price of any product, including software, or service purchased through the Site will be the price specified at the time of your purchase. Prices for all products and services exclude all applicable taxes, telecommunication charges, and other charges unless otherwise indicated. This includes both direct billing via your Carrier and non-direct billing through your credit card. To the extent permissible by law, you agree to be responsible for any such applicable taxes, telecommunication charges, and other applicable charges.

Prices, availability and terms of any services or Content are subject to change at any time.

If, at any time thereafter, you fail to pay any outstanding amounts owed to Drop In Media, LLC under this Terms of Use, Drop In Media, LLC may terminate your use of the Site and/or services, without prejudice.


BILLING INFORMATION

Your purchase of Software or other Content through the Site constitutes your acknowledgement that you are of legal age to form a binding contract, and if not of legal age that you have placed such order with the involvement of a parent or legal guardian, and that you are not a person barred from using or receiving the services available on the Site by any local, state, federal or international law. You must provide current, complete, and accurate information to your Carrier in connection with your billing account in order to receive products or services ordered through the Site.

Drop In Media, LLC reserves the right to collect applicable taxes and impose premium surcharges for certain features on the Site.


REFUND POLICY

You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Site.

Drop In Media, LLC will notify your Carrier in the event downloaded Content or Software from the Site is either defective or not received due to an error by Drop In Media, LLC ("Drop In Media, LLC Error"). Drop In Media, LLC assumes no liability for purchaser error, trial versions, Software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase or any purchased item 30 days after the purchase date for any reason ("Purchaser Errors").

You accept full responsibility for the any and all activity that occurs under your account. You agree to immediately notify Drop In Media, LLC of any unauthorized use of your account or device used to access the Site. Drop In Media, LLC reserves the right to refuse refunds for any and all activity that occurs under your account prior to your notice to Drop In Media. Drop In Media, LLC will not be liable for any loss that you incur as a result of someone else using your account with or without your permission or knowledge. Drop In Media, LLC may, however, hold you liable for losses incurred by Drop In Media, LLC as a result of someone else using your account.

Refunds for Drop In Media, LLC Errors will be handled pursuant to the refund policies and procedures of your Carrier. Drop In Media, LLC shall not be liable for any errors on billing statements issued to you by your Carrier.

In no event shall Drop In Media, LLC be liable for any defects or other problems associated with downloads or purchases through the Site after a period of thirty (30) calendar days has expired from the date of such download or purchase, as applicable.


SUBSCRIPTION POLICY

Use of a particular product or service on the Site may require opening a subscription account. Subscriptions may be available on a one time or monthly basis.

You may cancel your subscription at any time by contacting your Carrier. If your subscription requires a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period, and any other charges that may be applicable. If you cancel your subscription, you will not be refunded any remaining portion of your subscription fees already billed to your billing account with your Carrier, including any minimum commitments or other charges.


LIMITATION OF LIABILITY AND WARRANTY

This disclaimer of Drop In Media, LLC's liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, handheld device virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record of the Site, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

Drop In Media, LLC shall not be responsible for unauthorized access to or alteration of transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. You acknowledge that Drop In Media, LLC is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content on the Site. You further acknowledge and accept full responsibility for any risk of injury from the foregoing. Drop In Media, LLC shall not be liable for any termination, cessation, interruption, cancellation or compromise of your password, account, access to the Site, the Content or the Software, whether temporary or permanent. Drop In Media, LLC hereby reserves the right to terminate your access to your password, account, the Site or any Content or Software thereon or any portions thereof and bar any further access to the same by you for any reason and without prior notice to you. Drop In Media, LLC is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site; or for any delays, inaccuracies, errors, or omissions arising out of your use of the Site; or with respect to the Content, Software or other material contained on the Site, including without limitation, any material posted by Drop In Media, LLC or any third party on the Site.
Drop In Media, LLC does not recommend use of its service during certain activities, such as automobile driving, where there exists a significant risk of accident. You agree not to use Drop In Media, LLC's service or games during such activities and acknowledge that any such use constitutes a violation of these Terms of Use. Drop In Media, LLC will not be responsible for any direct, incidental, consequential, special or punitive damages resulting from such use.

Neither Drop In Media, LLC nor any of its affiliates shall have any liability to you for usage charges related to any device that you use to access the Site or to use Drop In Media, LLC's services, including, without limitation, usage charges for mobile telephones, Palm OS devices, Windows CE devices, car navigation systems, pagers, Smartphones and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.

YOU AGREE THAT ALL INFORMATION, SOFTWARE, CONTENT, PRODUCTS, SERVICES AND RELATED MATERIALS CONTAINED WITHIN THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DROP IN MEDIA, LLC AND ITS RESPECTIVE LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, CONTENT, PRODUCTS, SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, DROP IN MEDIA, LLC MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL DROP IN MEDIA, LLC BE LIABLE FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT, SOFTWARE OR OTHER INFORMATION ON THE SITE, OR FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Drop In Media, LLC MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES . DROP IN MEDIA, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE CONTENT, SOFTWARE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING THE CONTENT AND SOFTWARE OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY DROP IN MEDIA OR ANY OF ITS EMPLOYEES. DROP IN MEDIA, LLC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD PARTY CONTENT ON THE SITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS SITE, NOR DOES DROP IN MEDIA, LLC WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY SITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

NEITHER DROP IN MEDIA, LLC NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE, THE CONTENT OR THE SOFTWARE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND SOFTWARE ON THE SITE.

NO COMMUNICATION OF ANY KIND BETWEEN YOU AND DROP IN MEDIA OR A REPRESENTATIVE OF DROP IN MEDIA, LLC SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.


INDEMNITY

You agree to indemnify and hold Drop In Media, LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, demand, lawsuits, or judgments, including reasonable attorneys' fees and court costs, made by any third party due to or arising from any content or materials from the Site that you submit, post, transmit or make available; your use of the Site; your connection to the Site; any disputes or issues between you and your Carrier; your violation of the Terms of Use Agreement; your violation of any rights of another, including intellectual property rights (infringement of a third party's patent, trademark, or copyright, or misappropriation of a trade secret); or losses resulting from someone else using your account (including any unlawful or prohibited use of the Site).


PRIVACY

Any personal information you provide to Drop In Media, LLC is used solely to provide services you have requested, or to enhance your experience while visiting us.

Drop In Media, LLC will not sale, share or rent your personal information to a third party for commercial purpose other than providing you the requested services. Drop In Media, LLC will take reasonable precautions to protect your personally identifiable information from loss, misuse, or alteration. However, Drop In Media, LLC will cooperate with law enforcement officials where required by law, or to protect or defend the rights or property of Drop In Media, LLC or its affiliated companies.

The Site may contain links to other websites or WAP sites, provided by third parties. Drop In Media, LLC is not responsible for the privacy practices of such parties. You should read the privacy statements of each website or WAP site that collects personal identifiable information.


COPYRIGHT NOTICE

All Content, Software, Images, and other materials published on the Site or by Multimedia Alerts are protected by copyright, and owned or controlled by or licensed to Drop In Media, LLC, or the party listed as the provider of the Content, Software or other materials. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ANY SUCH MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the Site for the specified uses only, provided that you maintain all copyright, trademark, and other notices contained in such material, and you agree to abide by all additional copyright notices, information, or restrictions contained in any material accessed through the Site. Except as expressly provided in a separate license agreement, Drop In Media, LLC and its licensors of the Site materials do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information. All content provided by Drop In Media, LLC is Copyright © 2012 Drop In Media, LLC, unless specified otherwise. ALL RIGHTS RESERVED.


GOVERNING LAW; MISCELLANEOUS

These Terms of Use are governed in all respects by the laws of the State of California. Any action brought in connection with the Site or Site content shall be brought in, and adjudicated solely in state or federal courts of the State of California located in the County of Orange. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts.

All terms and provisions of this Terms of Use are severable and separately enforceable. If any provision is held to be invalid or unenforceable, such provision shall be independently stricken and the remaining provisions shall be enforced. Drop In Media, LLC's failure to act with respect to a breach by you or others does not waive its right to act with respect to that, subsequent, or similar breaches.

These Terms of Use set forth the entire understanding and agreement of the parties as to the subject matter herein and supersede all prior proposals, discussions or agreements with respect thereto. Except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use.


STATUTE OF LIMITATIONS

Any claim or cause of action arising out of or related to use of the Site, the Content, the Software or these Terms of Use must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.


TERMINATION

Drop In Media, LLC may terminate your access to the Site, the Software, the Content, your password and/or account or any portions thereof immediately and without prior notice and without cause, including for, but not limited to, any of the following occurrences, (a) breach or violation of the Terms of Use Agreement, any other terms of use for specified portions of the Site or services, or any other terms, policies or conditions of Drop In Media; (b) a period of inactivity exceeding one (1) year; (c) a request by law enforcement or any other governmental agency; (d) discontinuance or modification of the Site, the Software or the Content; (e) a request by you to terminate your access; (f) technical problems; (g) security issues; (h) as required by any local, state or federal law.

Subject to Section I, you may terminate your access to the Site, the Software, the Content or services at any time by sending END, STOP or QUIT to the shortcode you used to sign up for the product or service.