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Terms & Conditions

PLEASE READ THE TERMS AND CONDITIONS BEFORE SUBSCRIBING TO ANY OF OUR SERVICES. IT DESCRIBES THE TERMS AND CONDITIONS (HEREAFTER T&C) THAT APPLY TO YOU. CHANGES OF THIS T&C WILL BE POSTED ON THIS WEBSITE OR SENT TO YOU BY TEXT MESSAGE. THESE CHANGES WILL APPLY TO YOU AND WE WILL BE DEEMED TO HAVE NOTIFIED YOU. IT IS THE END USER’S RESPONSIBILITY TO CHECK OUR WEBSITE OR READ THE TEXT MESSAGES REGARDING CHANGES.

Effective 1 January 2007

* ALL MYPENGO CONTENT IS ONLY AVAILABLE WHEN ENTERED INTO A SUBSCRIPTION. WHEN ORDERING YOUR FIRST CONTENT ITEM YOU WILL ENROLL INTO A SUBSCRIPTION. ON THE SUBSCRIPTION TO OUR MYPENGO SERVICES INCURS A MINIMUM WEEKLY/MONTHLY CHARGE DEPENDING ON YOUR CARRIER. T-MOBILE + CELLULAR ONE + VERIZON WIRELESS: WE WILL BE OFFERING 12 CREDITS FOR $9.99 PER MONTH. AT&T + SPRINT: WE WILL BE OFFERING 27 CREDITS FOR $9.99 PER MONTH. VIRGIN: WE WILL BE OFFERING 24 CREDITS FOR $19.99 PER MONTH. SEE TERMS AND CONDITION FOR MORE INFO.

Thanks for using MyPengo services! The following General Terms and Conditions are applicable to the products and services supplied via Internet, SMS. MMS, WAP, BREW and any other means of mobile content delivery to a certain compatible mobile device (hereinafter to be referred to as the Service), by MyPengo or enterprises affiliated to it, (hereinafter to be referred to as the Provider), unless agreed otherwise in writing. The Provider is permitted to amend these General Terms and Conditions. Apart from the General Terms and Conditions, any applicable and publicized rules, promotional conditions, guidelines and provisions pertaining to the services also apply to you and the Provider upon use of certain services of the Provider. All those guidelines, rules, promotional conditions and provisions will be considered to form an inextricable part of these General Terms and Conditions. By availing yourself of the services of the Provider you agree to these General Terms and Conditions and the guidelines, rules, promotional conditions and provisions applicable to them.

You must be at least thirteen (13) years of age to use our services. Any person who provides their information to MyPengo through the account registration page for new customers or any other part of the MyPengo site represents to MyPengo that they are 13 years of age or older. If you are between 13 and 17, you agree 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.

1. DESCRIPTION OF THE PROVIDER. By means of Service, the Provider supplies its users access to a network of on-line sources, including on-line games and on-line information material. The General Terms and Conditions are at all times applicable to all new facilities that constitute any expansion, including, without limitation, the number of credits that apply to your subscription fee and carrier, the prices, rates, charging and billing methods that apply to you, extension or improvement of the present Services, including any extension to new functions added by the Provider.

2.AVAILABILITY. The Service is supplied "as is" (at the stage of development it happens to be in) and the Provider accepts no liability nor does it issue any guarantees in the event that personal configurations, information or messages are not saved, or not saved in due time, or if they are deleted or incorrectly delivered. In order to make use of the Service, you are required to have access to the Internet and/or a means of mobile communication. You are required to pay all expenses incurred in creating such access. You are also responsible for seeing to the connection of any necessary equipment, including any mobile telephone or personal computer or whatever devices that may be necessary.

3.PAYMENT. You have access to our on-line services free of charge. Regarding the Service and the use of it, you pay amounts corresponding to the applicable rates of the Provider, whose amounts are listed on the telephone bill that you receive from the operator of your telephone network. The payment conditions of any third party are applicable to invoices issued by that third party. You pay the Provider all national and local or other taxes (excluding taxes based on the Provider's net profit), including but not restricted to VAT, occupancy-related property tax and tax on games of chance or any levies imposed in lieu thereof, which taxes are based on the costs due for the use of the Service, regardless of whether those taxes are levied either now or in the future by national or local authorities or by any other body or bodies authorized to levy taxes.

4.REGISTRATION OBLIGATION. In order to warrant safe and secure use of the Service, you guarantee the following, in addition to paying the applicable charges: (a) your personal information (hereinafter to be referred to as the registered information) provided on the registration form is correct and complete and (b) you see to it that this registered information is at all times correct, up to date and complete. If the Provider has a reasonable suspicion that the information does not reflect a true state of affairs, or is not accurate or complete, then the Provider is entitled to suspend or terminate your account and to withhold both current and future use of the Service, or any component of it. You yourself are responsible for maintaining the secrecy of any passwords and/or accounts issued to you by the Provider, and you are fully liable for all actions carried out involving the use of your password or account. You undertake at the end of each session to close your account (by closing your browser) and to contact the Provider if you notice or suspect that unauthorized use has been made of your password or account, or that security or protection is no longer guaranteed for any other reason. The Provider cannot and will not be liable for any damage arising from your failure to observe the stipulations of this article.

5.PROCESSING OF INFORMATION. The Provider attaches great importance to the privacy of its users. To ensure this we have created a policy that is inextricably linked to the General Terms and Conditions of the Provider.

6.INDEMNIFICATION. You undertake to indemnify the Provider and its subsidiaries, affiliated enterprises, functionaries, representatives or other partners, and employees against any demands or claims by third parties, including all reasonable costs incurred for legal assistance, which demands or claims arise from or are the consequence of any information you have sent or offered via the Service as a result of your connection with the Service, your use of the Service, or any violation committed by you of the General Terms and Conditions or rights of others.

7.PROHIBITION ON RESALE OF THE SERVICE. You undertake not to reproduce, copy, sell, resell or use the Service, or any part of it, or access to the Service for commercial purposes.

8.GENERAL RULES REGARDING USE AND SAVING OF INFORMATION. Regarding the use of the Service you agree to the general rules, rules of play, promotional conditions and restrictions established by the Provider. The Provider reserves the right at all times and at its own discretion, without being required to issue prior notice, to amend these general rules, rules of play, promotional conditions and restrictions. The Provider is entitled to annul accounts that have remained inactive for considerable periods of time. You concur with the arrangement whereby the Provider bears no responsibility or liability in the event that information sent or provided by means of the Service is not saved or is deleted in error.

9.ALTERATIONS TO THE SERVICE. The Provider may at any time alter or terminate the Service, or any part of it, either temporarily or permanently. You concur that the Provider is not liable in respect either of any third party or you as a user in the event that the Service is altered, terminated or suspended.

10.TERMINATION. At its own discretion and regardless of the reasons for doing so, the Provider may terminate use of the Service by you and destroy and remove Information within the Service if the Provider is of the opinion that you have not observed the General Terms and Conditions, or you have acted contrary to General Terms and Conditions, or for any other reasons. You agree that the Provider may erase or deactivate your account and all information connected with it as well as any lists or files contained by it without delay, and/or deny you all further access to the Service. In pursuance of the stipulations of these General Terms and Conditions, the Provider may also terminate your access to the Service without issuing prior notice.

11.TRANSACTIONS WITH ADVERTISERS AND/OR SPONSORS. Any dealings performed between you and sponsors and/or advertisers, or any participation in promotions by sponsors and/or advertisers that have been located on the Service, including the supply and payment of goods or services, as well as all other guarantees, terms and conditions and statements issued in connection with those transactions are the exclusive concern of you and the sponsor and/or advertiser. You agree that the Provider is not liable or responsible for any damage of any nature whatever that may be the result of such transactions or the presence of those sponsors and/or advertisers on the Service.

12.OWNERSHIP RIGHTS OF THE PROVIDER. You are aware and agree that the Service and software used in connection with the Service, hereinafter to be referred to as the Software, contain confidential information that is protected by valid and applicable intellectual and industrial ownership rights legislation and other legislation. You are also aware and agree that copyright, trademarks, service marks, patents or other ownership rights and laws are applicable to Information published in sponsors' advertisements or information offered to you via the Service. You undertake, either partially or wholly, not to amend, rent, rent out, borrow, lend, sell, distribute or create products derived from the Service or the Software except in the event that the Provider has given you explicit written permission to do so. The Provider hereby grants you a personal, non-transferable and non-exclusive right and permission to use the working code of its Software, provided you do not copy or alter any source code whatever, or create a product derived from it, or carry out any reverse engineering or reverse assembly on it or in any other way attempt to find a source code (or permit third parties to do so) (except if and insofar as such acts are permitted by the provisions of any mandatory law that may be in effect), and provided you do not sell, encode, sublicense, encumber with security rights or transfer in any other way any rights connected with the Software. You undertake not to alter the Software in any way whatever or to use any altered versions of the Software for the purpose of gaining unauthorized access to the Service or for any other reason. In gaining access to the Service, you undertake only to make use of the interface supplied for that purpose by the Provider. The Provider hereby grants you permission to make just one copy only of the Information on the equipment you use for gaining access to the Service, and to use and display the copy of the Information made on that equipment for private purposes.

DISCLAIMER. YOU EXPRESSLY AGREE THAT: a) THE PROVIDER REJECTS IMPLICIT OR EXPLICIT GUARANTEES OF ANY NATURE WHATEVER, INCLUDING BUT NOT LIMITED TO IMPLICIT GUARANTEES WITH REGARD TO SALABILITY, SUITABILITY FOR A SPECIFIC PURPOSE AND/OR INFRINGEMENT; b) ) THE PROVIDER DOES NOT GUARANTEE THAT (1) THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL PURCHASED OR ACQUIRED BY YOU VIA THE SERVICE MEETS YOUR EXPECTATIONS, (2) THE RESULTS ACHIEVED BY USING THE SERVICE ARE CORRECT OR RELIABLE, AND (3) ERRORS IN THE SOFTWARE WILL BE CORRECTED; c) YOU USE THE SERVICE AT YOUR OWN RISK TO OBTAIN OR DOWNLOAD MATERIAL IN ANY WAY WHATEVER, AND THAT YOU ALONE BEAR RESPONSIBILITY FOR ANY DAMAGE TO OR LOSS OF INFORMATION OCCURRING AS A RESULT OF DOWNLOADING OR USING THAT MATERIAL; d) NO GUARANTEE THAT IS NOT EXPRESSLY INCLUDED IN THE GENERAL TERMS AND CONDITIONS IS APPLICABLE TO EITHER WRITTEN OR ORAL INFORMATION, HINTS OR ADVICE THAT YOU OBTAIN FROM THE PROVIDER OR VIA/FROM THE SERVICE.

13.LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT PROVIDER SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT PROVIDER'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, PROVIDER, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

14.TRADEMARK. You agree that without prior permission from the Provider, you will not use or display in any manner whatever the trade names, trademarks, word trademarks, pictorial trademarks or logos used in connection with the Service.

15.GENERAL INFORMATION. These General Terms and Conditions take the place of all previous agreements between you and the Provider. If you use any additional service, material or software from third parties, additional General Terms and Conditions may be applicable to you. European law is applicable to the relationship between you and the Provider, regardless of any provisions of applicable international law. Disputes will be submitted to a National competent court. Any failure by the Provider to exercise or invoke certain rights or stipulations laid down in the General Terms and Conditions in no way constitutes a waiver or renunciation of those rights or stipulations. If a court of competent jurisdiction is of the opinion that any stipulation in the General Terms and Conditions is not applicable, the parties nevertheless agree that the court must attempt to satisfy the wishes of the parties reflected by that stipulation, while the other stipulations of the General Terms and Conditions remain unimpaired.

16.PRIVACY POLICY. The Provider currently supplies you as a user access to an extensive collection of on-line and mobile entertainment and information via on-line and SMS services (SMS = Short Messaging Service), hereinafter to be referred to as the Service. Unless expressly stipulated otherwise, the General Terms and Conditions and Privacy Policy are applicable to all new facilities constituting any expansion to or improvement of the Service, including the release of new functions of the Provider. The Provider respects your privacy in your use of our services. We see to it that your personal information is always handled with care. Your information is included in the Provider's Users' Records. At the time of registration we enter your essential information in the Provider's Personal Registration System. This is the information you are required to supply in order to have access to the use of the services and to receive prizes, and can include your given name, family name, sex, age and telephone number (mobile). Your personal information will not be disclosed or passed on to others unless you yourself request us to do so in any specific case.

17.Opt-Out clause The Provider allows the user the possibility to interrupt the flow of information received via SMS (Short Message Service). We offer you this facility on the Internet pages that belong to the Service. Generally, information received via SMS can be interrupted by sending an SMS message starting with the keyword, i.e. your entry code, followed by a space and then the word STOP. You can send this message to the abbreviated number you used for entry. See for more the ‘unsubscribe’ page of the website for more details.

18.Security and Protection. The infrastructure and programs are constructed and protected in such a way that it can be reasonably assumed that unauthorized persons cannot gain access to any information about users. Please refer to our General Terms and Conditions regarding liability of the Provider.

19.Acceptance of this policy means the Provider: - may use the information or a combination of it to execute the agreement between you and Provider, and to allow you the best possible use of the Provider's website; - may re-use the information communicated by you on the site or via SMS; - can inform you about offers, discounts, new developments and additional services offered by the Provider; - may process the information in connection with the formation or maintenance of a direct relationship between the Provider and/or enterprises selected by it and you with a view to recruitment for commercial or charity purposes. If you do not grant your permission for this, the Provider will not disclose your personal information for its own or other parties' commercial purposes. However, the Provider may anonymize that information and use it or offer it to third parties in anonymous form.

20.Your acceptance of this policy. By using the Service of the Provider you agree with this Privacy Policy and the General Terms and Conditions. If you disagree with this, do not make use of our Service. We reserve the right at any moment to change, modify, extend or limit this Privacy Policy and the General Terms and Conditions. We therefore advise you to read these pages regularly.

If you have questions or concerns regarding these terms and conditions, you should contact us by mail at:

2waytraffic Mobile USA, Inc.
Concerning Privacy Policy
55 Washington Street, Suite 822
Brooklyn, NY 11201

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