slimlizard.tv - Terms and Conditions

Welcome to the SLIMLIZARD™ website (the "Website"). The Website is brought to you by SLIMLIZARD™ ("SLIMLIZARD™," "we" or "us"), a Traffix, Inc. property. By using or accessing the Website and our mobile content provision service (the “Service”), you are agreeing to comply with and be bound by the following terms and conditions (the "Agreement"). Please review the following provisions of this Agreement carefully. If you do not agree to all the terms and conditions contained in this Agreement in its entirety, you are not authorized to use this Website or the Service in any manner or form.

SLIMLIZARD™ is not available to individuals under 13 years of age and if you are under the age of 13, you may not access or use the Website and/or Service in any manner whatsoever. The same restriction applies if you are under 18 years of age and do not have the permission of your parent, legal guardian and/or authorized owner of the mobile account used to bill and collect Service fees (“Fees”). All individuals under 18 years of age must obtain their parent’s or legal guardian’s explicit permission prior to using and/or signing up for the Service. YOU UNDERSTAND THAT THE SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY. IN ADDITION, YOU UNDERSTAND THAT ANY AND ALL MSG & DATA RATES BY YOUR WIRELESS CARRIER FOR RECEIVING AND/OR SENDING CONTENT MAY APPLY! YOU ARE FULLY RESPONSIBLE FOR ALL SUCH CHARGES AND SLIMLIZARD™ HAS NO LIABILITY OR RESPONSIBILITY TO YOU, WHATSOEVER, FOR ANY SUCH CHARGES CHARGED BY YOUR WIRELESS CARRIER. CERTAIN PHONE NETWORKS MAY RESTRICT PREPAID ACCOUNT HOLDERS FROM USING PREMIUM MESSAGING SERVICES. PLEASE CHECK WITH YOUR WIRELESS CARRIER TO CHECK IF YOU CAN USE THIS METHOD.

SLIMLIZARD™ Subscription Service - $9.99/month for 20 credits
- $6.99/month for 15 credits for Boost subscribers
- $19.99/month for 50 credits for AT&T subscribers

Alternative payment plans may be offered from time to time and will be posted on this page. Your subscription price is posted on the page where you signed up. Moreover, SLIMLIZARD™™ may make certain promotional offers available to attract new Members, in its sole discretion. Any promotions are not retroactive and existing or former Members are not entitled to such promotions, unless SLIMLIZARD™™ makes a promotion explicitly available to existing Members.

SLIMLIZARD™ is a service to obtain mobile entertainment content (wallpaper, ring tones, horoscopes, text messages and other mobile phone transmittable and/or receivable content) for your mobile device (each, a “Mobile Device”) that is registered with SLIMLIZARD™™. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR ANY AND ALL COSTS CHARGED BY A WIRELESS CARRIER, WHETHER TO YOUR WIRELESS ACCOUNT OR A THIRD PARTY WIRELESS ACCOUNT, AS THEY ARISE FROM YOUR USE OF THE SERVICE. The Website and Service are made available to you only for your own personal, non-commercial use. We may discontinue or add to our suite of Service at anytime, in our own sole discretion, with or without notice to Members. Once fully registered and after making payment or being subscribed to the Service, you will be permitted to download to compatible devices the Downloads you requested.

To use the Service, you must first register for Membership and supply certain registration data that may include, without limitation, username, password, mobile telephone number, e-mail address, mailing address. ("Registration Data"). You agree to provide accurate Registration Data for which you have the authorization to supply to SLIMLIZARD™ and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. SLIMLIZARD™™ may use your Registration Data in accordance with our Privacy Policy.

The Subscription Services – The Service operates by means the Member purchasing units of credit redeemable through the Service (each unit, a “Credit”). Members can either purchase an individual piece of content (at a set price) or purchase a monthly Membership subscription which entitles you to blocks of Credits at a discounted price. Such Fees/Credits will be posted at the Website and/or through the Service and the applicable Fees/Credits will be displayed before you can complete your purchase.

By registering for a Subscription Service or Text Services you authorize SLIMLIZARD™ to bill your mobile telephone invoice immediately or deduct from your pre-paid mobile phone balance. Monthly Subscription plans are billed the Fees each month until you cancel the Subscription. If you cancel your Subscription for any reason, SLIMLIZARD™ will not refund any of your Fees. 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 (your "Billing Cycle"). Your mobile telephone bill will be charged or pre-paid phone balance will be deducted on the first day of each Billing Cycle. You agree that other charges (WAP, MMS, GPRS, and/or SMS) may apply. Unused Credits roll–over to the next month.

Purchasing Downloads Individually– You may also purchase the Downloads individually. By completing the registration process, you authorize SLIMLIZARD™ to immediately charge the appropriate fees to the mobile phone number you provide to SLIMLIZARD™ during the registration process once you order the content. You agree that other charges (WAP, MMS, GPRS, and/or SMS) may apply.

Right to Change Fees – All Fees are subject to change upon notice from SLIMLIZARD™. SLIMLIZARD™ will provide you with reasonable notice of such change through a service message to your device, a service email or by posting the change prominently on the website. If you do not agree to the new Fees, you will have 10 days from such notice to cancel your Subscription or the new Fees will take effect.

Help– Text 'HELP' to 24885 for text information on your SLIMLIZARD™ Subscription Service. You may also contact us toll free at 1-800-591-2315 24/7 or by sending an email to cs@SlimLizard.tv or info@slimlizard.tv or using the online form at http://www.SlimLizard.tv/contact_us.html.

Cancellation by handset - You can cancel your SLIMLIZARD™ Subscription Service by sending a text message from your mobile device containing only the word 'STOP' to the shortcode 24885. To prevent future charges cancellation must be received a maximum of one day prior to your billing cycle date.

Cancellation of Services will take effect on your next billing cycle date. All Credits remaining are able to be used until your end billing cycle date after which time any unused Credits will be forfeited. To prevent future charges cancellation must be received a maximum of one day prior to your billing cycle date. For example, if your Mobile Device is billed for a monthly Membership subscription on the 4th of every month and you cancel on the 10th, you will not be billed in the next month, but your monthly Membership subscription will remain active for the remainder of the month in which you cancelled.

2. Acceptance of Agreement. This Agreement constitutes the entire agreement between you and SLIMLIZARD™ and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website and/or Service. SLIMLIZARD™ may, from time to time, modify this Agreement and will post a copy of the amended Agreement on its website. If you do not agree to the amended Agreement, your only remedy is to stop using the Website and/or Service or, if applicable, cancel your SLIMLIZARD™ membership ("Membership"). The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website and/or Service. By your continued use of the Website and/or Service, you hereby agree to all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this webpage for any updates and/or changes.

Your Membership is non-transferable. Access to, and use of, the Service is through a combination of both user name and password ("Login"). You must keep your Login strictly confidential. For security reasons, SLIMLIZARD™ will not release passwords for any reason, other than to the applicable Members themselves, except as may be specifically required by law or court order. You agree that you will not authorize and/or permit others to use your Membership. SLIMLIZARD™ shall not be responsible for any unauthorized use of your Membership. Furthermore, unauthorized access to the Website and/or Service is a breach of this Agreement, violation of applicable law and strictly subject to your obligations of indemnification as set forth in Section 11, hereinbelow. There are no third party beneficiaries to this Agreement.

By submitting and/or posting images, videos, audio, text and any other content to and/or through the Service (collectively, the "Member Content"), you will retain ownership of such Member Content and are fully liable for such Content. However, by submitting and/or posting the Member Content to and/or through the Service, you hereby grant to SLIMLIZARD™ an irrevocable, perpetual and unlimited right and license to publish, distribute, use, copy, modify, adapt, transfer, assign, publicly perform and publicly display such Member Content in any medium and in any manner now known or known in the future, without compensation to you. You agree that you will cooperate and execute, without further compensation, any documents necessary to permit SLIMLIZARD™ to perfect its rights herein.

3. License Grant. As a visitor to the Website and/or Member of the Service, you are granted a limited, non-exclusive, non-transferable license to access and use the Website (and its associated content) and/or Service in accordance with this Agreement. SLIMLIZARD™ may terminate this license at any time for any reason, whatsoever. You may use the Website and/or Service on one computer and/or one mobile telephone for your own personal, non-commercial use. No part of the Website and/or Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website and/or Service, Website content or any portion thereof. SLIMLIZARD™ reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Service. You may not take any action that imposes an unreasonable or disproportionately large load on the SLIMLIZARD™ infrastructure. As a Website visitor, your limited license is provided solely for access to the Website in order to obtain information about SLIMLIZARD™ and to apply for Membership.

4. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website and/or Service is protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website and/or Service is strictly prohibited. You do not acquire ownership rights to any content, document, software, services and/or other materials downloaded, previewed and/or viewed at or through the Website and/or Service. The posting of information and/or material at the Website and/or Service by SLIMLIZARD™ does not constitute a waiver of any right in such information and/or materials.

5. Refer a Friend. Through the Service, you will have the opportunity to invite your family and friends to participate in the Service. When you refer a friend, you are granting us the right to contact that individual and you will be held solely responsible for any and all liability associated with such contact and/or invitation.

7. Privacy Policy. Use of the Website and/or Services is subject to our Privacy Policy, which is hereby incorporated into, and made part of, this Agreement. We reserve the right, and you authorize us, to use information regarding your Website and/or Service use and any and all other personal information provided by or collected from you in any manner consistent with our Privacy Policy.

8. Allegations of Wrongdoing. If SLIMLIZARD™ receives a notice alleging that you have engaged in behavior that may be harassing, harmful or abusive to another, may subject SLIMLIZARD™ to liability in any form and/or infringes upon the intellectual property rights of SLIMLIZARD™ and/or a third party, or if we suspect any of the above has occurred or may occur, SLIMLIZARD™ may suspend or terminate your Membership without notice to you. If SLIMLIZARD™ suspends or terminates your Membership under this Section 8, we shall have no liability or responsibility to you, including liability for any Fees that you have previously paid.

9. Third Party Websites. The Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because SLIMLIZARD™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that SLIMLIZARD™ is not responsible for the availability of such third party websites and/or resources. Furthermore, SLIMLIZARD™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

10. Injunctive Relief. You agree that any unauthorized use of the Website and/or Service would result in irreparable injury to SLIMLIZARD™ and/or its affiliates or licensors for which money damages would be inadequate. In such event SLIMLIZARD™, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available to it pursuant to this Agreement, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that SLIMLIZARD™, its affiliates and/or licensors may have under separate legal authority.

11. Indemnification. You agree to indemnify, defend and hold SLIMLIZARD™ and its parents and subsidiaries, and each of their respective executives, officers, directors, employees, agents and attorneys, harmless against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys' fees) arising from or related to: 1) your breach of any provision of this Agreement; 2) your use of the Website and/or Service, in any manner whatsoever; and 3) any unauthorized use of your Membership.

12.Termination. SLIMLIZARD™ may, in its sole discretion, terminate this Agreement and/or suspend your Membership at any time without notice to you, in the event that you breach (or SLIMLIZARD™ reasonably suspects, in its sole discretion, that you have breached) any provision of this Agreement. If SLIMLIZARD™ terminates this Agreement, or suspends your account for any of the reasons set forth in this Agreement, SLIMLIZARD™ shall have no liability or responsibility to you, and SLIMLIZARD™ will not refund any amounts that you have previously paid.

13.DISCLAIMERS. THE WEBSITE, SERVICE AND ASSOCIATED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE WEBSITE, SERVICE AND/OR ASSOCIATED CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SLIMLIZARD™ HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICE AND ASSOCIATED CONTENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SLIMLIZARD IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SLIMLIZARD™ AND YOU. THE WEBSITE, SERVICE AND ASSOCIATED CONTENT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE AND/OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY AND/OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES AND/OR WORMS CONTAINED WITHIN A FILE AVAILABLE AT THE WEBSITE AND/OR THROUGH THE SERVICE IS EXPRESSLY DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT OBTAINED OR OTHERWISE ACCESSED THROUGH THE USE OF THE WEBSITE AND/OR SERVICE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOADING OF ANY SUCH MATERIAL.

UNDER NO CIRCUMSTANCES SHALL ANY SLIMLIZARD™ ENTITY BE LIABLE FOR ANY USE OF THE WEBSITE AND/OR SERVICE. OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE THAT YOU HAVE PAID FOR ANY GOODS, SERVICES OR INFORMATION AVAILABLE FROM SLIMLIZARD™ AT THE WEBSITE AND/OR SERVICE. NOTWITHSTANDING THE FOREGOING, SLIMLIZARD™ SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE AND/OR SERVICE. CERTAIN JURSDICTIONS AND/OR LAWS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS UNDER SUCH LAWS.

14. Other Restrictions. The Website and/or Service are available only to individuals who can enter into legally binding contracts under applicable law. However, the Website and/or Service are not intended for use by individuals under the age of 13. If you are under the age of 13, you do not have authorization to use the Website and/or Service. If you are under the age of 18, you must receive your parent’s or legal guardian’s authorization before using the Website and/or Service and your parent or legal guardian hereby agrees to this Agreement in its entirety. Currently, SLIMLIZARD™ is only available to residents of the United States and Canada (and the United Kingdom, if the Website and Service are clearly marketed to and intended for the United Kingdom). You understand and acknowledge that you may not register for, access, or use the Website and/or Service from countries other than these jurisdictions. You agree to abide by the applicable United States export control laws and any other applicable laws, rules and/or regulations with respect to the Service and associated content.

15. Online Content/Conduct. As a Member, you agree that you are solely responsible for the content and/or information that you upload, publish, transmit and/or post in connection with the Service and/or Website. You agree to use the Website and Service in a manner consistent with any and all applicable laws, rules and regulations and with the highest regard to the intellectual property rights of any and all intellectual property holders, SLIMLIZARD™ and its licensors.

Members are solely responsible for the accuracy, completeness or usefulness of content that the Member posts. In addition, by posting any content and/or information at the Service, you represent and warrant that you have full rights and license to allow such content and/or information to be published at or through the Service. SLIMLIZARD™ does not adopt nor endorse, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on or through the Service and/or Website. You understand and agree that SLIMLIZARD™ will not be responsible for any loss or damage resulting from a third party's reliance on information or other content posted on or through the Service and/or Website by you.

SLIMLIZARD™ reserves the right, but has no obligation, to reject any content that does not comply with these prohibitions or for any reason at all. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of this Agreement and may result in termination of your Membership, in the sole discretion of SLIMLIZARD™, pursuant to the terms of this Agreement. SLIMLIZARD™ reserves the right to pursue any and all legal remedies against individuals who engage in the aforementioned prohibited conduct. .

16. Member Disputes. SLIMLIZARD™ does not control the information provided by other Members that are made available through our system. You may find other Member's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using the Website. You are solely responsible for your interactions with other Members. Because SLIMLIZARD™ is not directly involved in Member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed or used information on the Website, you hereby release SLIMLIZARD™ from any and all claims, demands and damages (actual, indirect and/or otherwise consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or arising out of your use of the Website and/or Services. SLIMLIZARD™ reserves the right, but has no obligation, to monitor disputes between you and other Members.

17. Copyright Claims Policy. SLIMLIZARD™ respects the intellectual property of others, and we ask our users to do the same. SLIMLIZARD™ may, in appropriate circumstances and at its discretion, disable and/or terminate the Memberships of those who may be infringing upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated at the Website and/or Service, please provide SLIMLIZARD™'s copyright agent with the following information:

18. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and any and all other equipment needed for access to, and use of, the Website and/or Service, and all charges related thereto including, without limitation, that your Mobile Device is fully compatible with the specific content you obtain from SLIMLIZARD™ (e.g. brew, java or polyphonic tone-capable) and participating wireless carrier. In addition, you are solely responsible for obtaining and maintaining software and/or hardware to utilize the Service. Without limiting the foregoing, you understand and agree that you are responsible for any and all standard wireless messaging costs, fees and/or charges associated with and/or arising from the Services that my be charged by your wireless carrier.

19. Miscellaneous. This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the state of New York (without regard to conflict of law principles and the Convention on Contracts for the International Sale of Goods). Should a dispute arise concerning the Website, Service and/or terms and conditions of this Agreement, you agree that the appropriate, convenient and exclusive venue for any and all dispute resolution shall be the court of appropriate jurisdiction in New York, New York. To the extent permitted by applicable law, you agree to waive any right that you may have to participate in any class action litigation involving, related to or arising from the Website and/or Service. Should any part of this Agreement be held invalid or unenforceable by a competent court, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website and/or Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No relationship other than that of a service provider and customer shall be created through operation of this Agreement.

20. Legal Warning. Any attempt by any individual, whether or not an SLIMLIZARD™ member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Website and/or Service, is a violation of criminal and civil law and SLIMLIZARD™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.