Welcome To Frengo
These Terms constitute a legal "Agreement"; please read them carefully.
By completing the registration process on our website located at www.frengo.com or any successor website thereto ("Website") OR by confirming an order via text messaging (each a "Transaction"), you (1) represent that you are at least 18 years of age or have the consent of the subscriber of a participating mobile communications carrier to sign-up for and use the Frengo Service on behalf of the subscriber; and (2) agree on behalf of the subscriber and yourself to be bound by the terms and conditions of this Agreement. This Website is owned by Frengo ('Frengo'). These terms of service (the "Terms of Service" or "TOS") apply to and govern your use, and any authorized use by another person, of your account, as well as your use of this Website and/or the Frengo Services (as hereinafter defined, and, collectively referred to as the "Services"). Your use of the Website and text messaging service signifies your agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Website. In this Agreement, "you" and "your" refer to each customer (including the subscriber of a participating mobile communications carrier on whose behalf you are entering into this Agreement) and his or her agents, and "we", "us" and "our" refer collectively to Frengo. This Agreement explains our obligations to you, and your obligations to us in relation to the Frengo Service.
1. Description of Frengo Service
Company provides text message based games, such as trivia, voting, and other community data via the internet, SMS, and MMS. You acknowledge and agree that the Service is for your personal use on the mobile device designated during the registration process.
2. Registration, Fees and Access to Service
(a) Access to the Service. In order to use the Service, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Company makes the Service available as well as any carrier services necessary to send text messages, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.
(b) Transaction based games. The company offers certain games for a fixed dollar amount. The details on the number of questions you receive for each particular game are incorporated into this agreement by this reference and form part of the terms of this Agreement.
(c) Subscription Based games. Company offers certain of its games on a renewable subscription basis depending on the Frengo plan you choose (the "Subscription Plan"). The details of the plans (the number of Games available as part of a particular Subscription Plan, the renewal period of a particular Subscription Plan, etc.) are incorporated into this Agreement by this reference and form part of the terms of this Agreement.
d) Fees and Standard Charges. The amount of transaction fees for a single game or monthly fees for a Subscription Plan are identified and available on the product description page. In addition to any premium charges for the games, standard text message rates charged by the wireless carrier will apply. Unless otherwise indicated, the charges shall be invoiced on the bill from your participating mobile communications carrier.
(e) Registration Data. If you opt to register for the Service on our Website, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Company has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You acknowledge and agree that we may rely on the Registration Data to send you important information and notices regarding your account and our Services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your account. You further agree that we (ourselves or through third party service providers) are authorized to verify such Registration Data.
(f) Username and Password. If you opt to register for the Service on our Website, you may be required to establish an account and obtain a username and password. You authorize us to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify us of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your username and password. In no event will we be liable for the unauthorized use or misuse of your username and/or password. Company may need to change usernames allocated to certain of its Services and reserves the right to do so. You will be informed if this is necessary.
(g) Access without Registration. Company may provide you with access to some Services without you registering as a user, such as sign-up via SMS. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.
(h) License to Download(s). You acknowledge and agree that the Download(s) made available as part of the Service are owned by Company, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. Company hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the mobile entertainment content downloaded on your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile entertainment content downloaded on your mobile device.
This Agreement will terminate immediately, without notice, if you fail to comply with any term or condition of this Agreement. Upon a termination of this Agreement, you agree to immediately remove all downloaded mobile entertainment content from your wireless communications device.
(i) Interruptions or Discontinuation of Service. Company reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you. If the Service, or any part thereof, for which you subscribe is permanently discontinued or canceled by Company we will cancel your Subscription Plan and reimburse any pre-paid fees related to such Service, except for termination made in accordance with Section 8 of this Agreement.
(j) Third Party Products and Services. We may make available or provide access to products and services of independent third parties either directly or via links to websites operated by such third parties. Such products or services shall be purchased and/or obtained directly from such third party. You acknowledge and agree that COMPANY SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES.
You acknowledge that Company may collect and process "personal information" (i.e. information that could be used to contact you, such as full name, postal address, phone number or e-mail address), "financial information" (i.e. credit card numbers, bank account information or passwords) or "demographic and usage information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information but necessary for the proper functioning and billing of our Service, such as the date regarding the start and end and the extent of your usage of the service), in connection with the Service. We may pass on your personal information, financial information and or demographic and usage information to your cell phone service provider to secure collection of fees and such information collected by Company may be stored and processed in Switzerland, Germany or any other country in which Company or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. Your personal information, financial information and demographic information will be deleted no later than six months after termination of your subscription. Company may store your information beyond this date if that is required by law or contract.
You agree to release, indemnify, defend and hold harmless Company, its parent company, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, employees, licensors and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.
5. Termination and Cancellation of Services
To cancel your Subscription or stop receiving messages, send a text message with the text "STOP" to 44566 or such other number as may be designated on our Website, or send an e-mail to firstname.lastname@example.org with your phone number and 'cancel' in the body of the text. The termination shall become effective at the end of the billing period in which you gave your notice of termination. To cancel all subscriptions if you have multiple subscriptions, send 'STOPALL' to 44566.
To find out review information about the service and contact Frengo, please see Help the section.
You agree that Company, at its sole discretion, may at any time terminate your use of the Service and Subscription Plan(s) or individual services provided via the Service and/or change its content offering made available through the Service, if Company believes that you have violated or acted inconsistently with this Agreement. You agree that upon termination of your access to the Service under any provision of this Agreement, Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or Subscription Plan for any reason, Company will not refund any of your fees paid to date, except as expressly provided in this Agreement.
6. Loyalty Points and Rewards
Loyalty points ("Frengo Points") and rewards are offered at the discretion of Frengo. Frengo has the right to terminate the program or to change the program rules, regulations, benefits, conditions of participation in whole or in part, at any time without notice, even though changes may affect the value of the points already accumulated. Frengo may, among other things, withdraw, limit, modify or cancel any reward; increase the points required for any award; or limit the number of award available. Customers may not rely upon the continued availability of an award, and customers may not be able to obtain all offered award.
Participation in the loyalty points and rewards program (the "Program") is subject to any terms and conditions, rules, regulations, policies, and procedures ("Program Rules") that Frengo may, at its discretion, adopt from time to time. Frengo has the sole right to interpret and apply the Program Rules. Any failure to follow Program Rules, any abuse of Program privileges, any conduct detrimental to the interests of Frengo or its community, or any misrepresentation of any information furnished to Frengo by any customer, may result in the termination of his or her account, the cancellation of accumulated points and/or awards.
Frengo reserves the right to audit any and all accounts at any time for compliance with the Program Rules, without notice to the customer. In the event that an audit reveals discrepancies or possible violations, the processing of award redemption requests may be delayed pending completion of the audit.
Each customer shall be responsible for remaining knowledgeable as to the Program Rules and the amount of points in his or her account. Each customer shall be responsible for advising Frengo of any change of customer account information such as mobile phone number and e-mail address and Frengo shall have no liability for misdirection of communications or any consequences thereof.
The accumulation of points and the redemption of awards are subject to specific Program Rules enacted by Frengo. No points or awards earned or granted under the Program may be transferred or assigned to others.
Accumulated points do not constitute property of the customer. Accumulated points are not transferable (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law.
(a) Prohibition of sale or barter. The sale or barter of any such points or benefits other than by Frengo is expressly prohibited.
Account activity and point accumulation. Any customer who has failed to earn points for 3 months or 90 days in the Program may loose all accumulated points. Effective August 31, 2008 points will expire if there is no account activity for 3 months. "Account activity", for purposes of these Program Rules, shall be deemed to occur when a customer accumulates new points by participating in a Frengo interactive service that awards points.
(b) Points expiration. Points accumulated in a customers account shall be maintained in the account until it is redeemed for an award or until it expires, whichever occurs first. Currently, points expire after 3 months of no activity.
(c) Award redemption. The awards available to be redeemed and the amount of points necessary to redeem each award will be set by Frengo. Frengo shall establish the process for award redemption, but redemption shall basically mean the exchange of points in a customer's account for a specified award through the Frengo website.
(d) The award structure is subject to modification, cancellation or limitation at Frengo.s discretion, without notice. The amount of points required to redeem any award may be substantially increased, any award may be withdrawn, and restrictions on any award or its redemption may be imposed at any time. The accumulation of points does not entitle Program customers to any vested rights with respect to any awards or the Program.
(e) International Users. Participation in the Program may be prohibited or restricted in some countries. Nothing in these Rules should be read to override or circumvent any such foreign laws.