| END USER SUBSCRIBER AGREEMENT
Please read this End User Subscriber Agreement (the “Agreement”)
before using this service. Your activation of the service confirms your
acceptance of this agreement and your ongoing subscription and use of
the service demonstrates your ongoing acceptance to the terms and conditions
contained herein.
Welcome to MyScreen (“MSM” or the "Service"). By
becoming a subscriber, completing the registration process and indicating
that “I have read and accept the terms and conditions”, downloading
the application to your mobile device and using our service, you are indicating
that you agree to be bound by all of the terms and conditions within this
Agreement. MSM reserves the right to change the terms of this Agreement
or to modify any features of this Service at any time with or without
notice. Your continued use of the Service after such changes shall be
construed as your acceptance of the updated terms and conditions. If you
do not agree to the changes, you may cancel your subscription to the Service.
MSM may, from time to time, change the fees charged for the Service. When
fees are changed MSM will provide appropriate notification to you by through
our service, or e-mail, voicemail, text message, mail, or such method
as may be contemplated for the purpose of delivering important information
to you. The fee options available to you will be presented within the
Service. Your continued and ongoing use of the service will act as acceptance
of any revisions to this agreement or the fee structure. Should you be
unwilling to accept the agreement revisions or changes to the fee structure,
you are provided the option to “unsubscribe” or deactivate
the service at any time without cost or penalty to you.
Terms and Conditions
You agree to familiarize yourself with the Terms of Service, and abide
by them if you choose to use the Service, or accept the services or benefits,
to which such terms apply.
Subscriber Conduct
You agree to abide by all applicable local, state, national and international
laws and regulations regarding your use of our service.
Registration Information
MSM offers a number of services each requires that you register or subscribe
with us and obtain the appropriate application download to make our services
functional. In order to provide our full range of services, we may collect
the following types of information:
When you sign up as an MSM subscriber, we ask you for personal information
(such as your name, email address and an account password). We may ask
you about the types of products or services that you are interested in,
lifestyle information, and any time limitations for receiving information
about these products or services.
We will establish an “E-Wallet” facility on your behalf through
which MSM will track your usage of the Service and shall allow us to offer
you bonuses based on your level of usage of the Service. At your request,
and as an extension of our services, we may request additional personal
information to fulfill E-Wallet functions. Such additional information
may include full personal information disclosure such as name, address,
date of birth, social security number and the answer(s) to security verification
question(s).
We may combine the information you submit under your account with information
from other MSM services or third parties in order to provide you with
a better experience and to improve the quality of our services. For certain
services, we may give you the opportunity to opt out of combining such
information.
MSM only processes personal information for the purposes described in
this Agreement. In addition to the above, such purposes include:
• Providing our products and services to users, including the display
of customized content and advertising;
• Auditing, research and analysis in order to maintain, protect
and improve our services;
• Ensuring the technical functioning of our network; and
• Developing new services.
You are responsible for the information you provide to MSM. Any inaccuracies
in the data will make you ineligible for cash or other rewards. You are
allowed to register for and use one (1) account in association with the
Service per mobile device and phone number. You may register for a new
account, or you may use an existing eligible account registered.
In consideration of your use of the Service, you represent that you are
of legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or MSM has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, MSM
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). Any
cash or other rewards earned under false information will be due back
to MSM. MSM reserves the right to terminate your account and take applicable
legal action if it becomes aware and determines, in its sole discretion,
that you are violating any of the foregoing guidelines. MSM is concerned
about the safety and privacy of all its users, particularly children.
Children under the age of 13 are not allowed to register with or use the
Service, and MSM reserves the right to implement restrictions or cancellation
of accounts subject to jurisdictional requirements, to be in the sole
determination of MSM.
All personal information gathered by MSM, including ad viewing statistics
and interest data will be retained and protected on MSM secure servers.
Advertisers and outside parties will not have access to your personal
information in any manner or fashion that would make any individual identifiable
through the use of this service, with the exception of subscriber initiated
contacts to the advertiser, and subsequent information requests of the
subscriber from the advertiser.
Rewards
Users wishing to view an ad and receive such award or credit as the company
may award must first establish a MSM subscription. Your rewards will be
paid in such fashion as MSM determines . In the event you select the pre-paid
MasterCard/Credit card option available from the MSM E-wallet, this agreement,
terms and conditions shall remain in full force and effect and will be
supplemented by the appropriate cardholder agreement applicable to the
jurisdiction as appropriate. Details of receiving and using the debit
MasterCard/Credit Card are attached as Schedule “A” to this
Agreement. Additional options are available to subscribers within their
e-wallet and have terms and conditions specific to the use, operation,
and obligations. Fees may apply. Full details of the use of the e-wallet,
subscriber rights, obligations, terms and conditions are attached at Schedule
“B”.
Subscription and Password
You are responsible for maintaining the confidentiality of your user login
name and password. You are solely responsible for all uses of your subscription,
whether or not authorized by you. You agree to immediately notify MSM
of any unauthorized use of your subscription.
Unlawful or Prohibited Use
As a condition of your use of the Service you warrant to MSM that you
will not use the Service for any unlawful purpose.
Relationship of the Parties
Nothing contained in this Agreement shall be construed as creating any
agency, legal representative, partnership, or other form of joint enterprise
between the parties. Neither party shall have authority to contract for
or bind the other in any manner whatsoever.
Information Collection and Use
MSM provides incentives to members for viewing targeted advertisements.
An essential aspect of the performance of this function is the collection
and use of information from our subscribers. MSM is the sole owner of
the information collected through your subscription. We collect information
from users at several points and will not sell, share or rent this information
to others in ways different from those disclosed in this Agreement. We
use customer contact information to send users information about our company
and to contact them when necessary. Demographic and profile data is also
collected and will be shared with advertisers on an aggregate basis. We
do not disclose any information that could be used to identify you personally
to these entities without your prior consent.
If you send us personal correspondence such as an e-mail or a letter,
we may collect such information into a file specific to you. We use the
personal information in the file we maintain about you, and other information
we obtain from your current and past activities from the Service to: resolve
disputes, troubleshoot problems, measure consumer interest in our services,
incent you for the ads you watch, award you points based on site activity,
inform you of offers, products, services, and updates, customize your
experience, detect and protect us against error, fraud and other criminal
activity, enforce our User Agreement, and as otherwise described to you
at the time of collection. At times, we may look across multiple users
to identify problems. In particular, we may examine your personal information
to identify users using multiple User IDs or aliases. We may compare and
review your personal information for accuracy and to detect errors and
omissions.
You agree that we may use your personal information to improve our marketing
and promotional efforts, to analyze Service usage, to improve our content
and offerings, and to customize the Service's content, layout, and services.
These uses improve the Service and better tailor it to meet your needs,
so as to provide you with a smooth, efficient, safe and customized experience
while using it.
You agree that we may use your personal information to contact you and
to deliver information to you that is, in some cases, targeted to your
interests, such as communications relevant to your use of the Service,
administrative notices, product offerings, and targeted advertisements.
By accepting the Agreement and our Privacy Policy, you expressly agree
to receive this information.
Under some circumstances, we may provide some of your information to a
third party verification service to verify the accuracy of your name,
address, and other information. These third parties will be bound by a
confidentiality agreement. Pursuant to such confidentiality agreement,
any data we provide them should be used only to verify your information,
and should then be destroyed.
We automatically collect certain information about your computer hardware
and software based upon your behavior on the Service. We use this information
to conduct internal research on our users' demographics, interests, and
behavior so as to better understand and serve them. This information may
include the referring URL, the URL you next go to, the browser you use,
your IP address and your access times. It is used by MSM to maintain and
improve the quality of its service and to generate statistics regarding
the use of the Service, and may be shared with third parties whose services
are used to analyze traffic.
MSM will gather data regarding your mobile device, including but not limited
to; the device manufacturer and model, the carrier network providing you
services, your International Mobile Station Identifier (IMSI) or other
similar identifying code or number, referred to herein as a "Subscriber
Identification Code." The Subscriber Identification Code is pre-programmed
into the wireless mobile device to identify the subscriber and the subscriber
account. Although there is no guarantee, without a separate means of validation,
that a wireless mobile terminal will always be used by the subscriber
of the registration assigned the Subscriber Identification Code, typically
the user will be the subscriber. Alternatively, the Subscriber Identification
Code may be contained on a Subscriber Identity Module (SIM), also referred
to in the art as a "Smart Card," which is inserted into the
wireless mobile device prior to use. The SIM or Smart Card indicates that
the user of the wireless mobile terminal is the subscriber of the account
assigned the Subscriber Identification Code contained on the SIM or Smart
Card, or that the user has been authorized by the subscriber to use the
wireless mobile terminal. This data will be used to determine appropriate
application software and download criteria to provide ads to your mobile
device as a part of your subscription. Further, the location capabilities
of your device may be used in conjunction with the system to provide “location
based” advertisements and “location based services”.
All device and carrier information may be made available to advertising
clients in the form of general or categorical information, and will again
ensure no personal or identifying information is made available.MSM only
shares personal information with other companies or individuals outside
of MSM in the following limited circumstances:
• We have your consent. We require opt-in consent for the sharing
of any sensitive personal information.
• Your carrier/operator.
• We provide such information to our subsidiaries, affiliated companies
or other trusted businesses or persons for the purpose of processing personal
information on our behalf. We require that these parties agree to process
such information based on our instructions and in compliance with this
Policy and any other appropriate confidentiality and security measures.
• We have a good faith belief that access, use, preservation or
disclosure of such information is reasonably necessary to (a) satisfy
any applicable law, regulation, legal process or enforceable governmental
request, (b) enforce applicable Terms of Service, including investigation
of potential violations thereof, (c) detect, prevent, or otherwise address
fraud, security or technical issues, or (d) protect against imminent harm
to the rights, property or safety of NEWCO, its users or the public as
required or permitted by law.
If MSM becomes involved in a merger, acquisition, or any form of sale
of some or all of its assets, we will provide notice before personal information
is transferred and becomes subject to a different privacy policy. We may
share with third parties certain pieces of aggregated, non-personal information,
such as the number of users who have expressed particular interests, viewed
certain advertisements, carry certain devices etc. for a particular term,
for example, or how many users clicked on a particular advertisement.
Such information does not identify you individually.
MSM does not rent, sell, or share personal information about you with
other people or nonaffiliated companies except to provide products or
services you've requested, when we have your permission, or under the
following circumstances:
• We provide the information to trusted partners who work on behalf
of or with MSM under confidentiality agreements. These companies may use
your personal information to help MSM communicate with you about offers
from MSM and our marketing partners. However, these companies do not have
any independent right to share this information.
• We have a parent's permission to share the information if the
user is a child under age 18. Parents have the option of allowing MSM
to collect and use their child's information without consenting to MSM
sharing of this information with people and companies who may use this
information for their own purposes in a non-aggregated presentation;
• We respond to subpoenas, court orders, or legal process, or to
establish or exercise our legal rights or defend against legal claims;
• We believe it is necessary to share information in order to investigate,
prevent, or take action regarding illegal activities, suspected fraud,
situations involving potential threats to the physical safety of any person,
violations of MSM’s terms of use, or as otherwise required by law.
• We transfer information about you if MSM is acquired by or merged
with another company. In this event, MSM will notify you before information
about you are transferred and become subject to a different privacy policy.
• MSM displays targeted advertisements based on personal information.
Advertisers (including ad serving companies) may assume that people who
interact with, view, or click on targeted ads meet the targeting criteria
- for example, women ages 18-24 from a particular geographic area.
• MSM does not provide any personal information to the advertiser
when you interact with or view a targeted ad. However, by interacting
with or viewing an ad you are consenting to the possibility that the advertiser
will make the assumption that you meet the targeting criteria used to
display the ad.
• MSM advertisers include financial service providers (such as banks,
insurance agents, stock brokers and mortgage lenders) and non-financial
companies (such as stores, airlines, and software companies).
MSM works with vendors, partners, advertisers, and other service providers
in different industries and categories of business. For more information
regarding providers of products or services that you've requested please
read our detailed reference links.
Please contact us at the address below for any additional questions about
the management or use of personal data.Changing User Information
We offer you the ability to review and change the information you submit
to us by logging into the Service and entering the new information yourself.
You can change your registration information by logging into the MSM website
and selecting the “edit” feature for the information you wish
to amend. You must promptly update your personal information if it changes
or if it is inaccurate. Upon your request, we will deactivate or delete
your account and contact information from our active databases. Such information
will be deactivated or deleted as soon as practicable based on your account
activity and accordance with our deactivation policy and applicable law.
To make this request, e-mail us at cancel@myscreen.com .
We will retain in our files some personal information to prevent fraud,
to troubleshoot problems, to assist with any investigations, to enforce
the Agreement and to comply with legal requirements as is permitted by
law. Therefore, you should not expect that all your personal information
will be completely removed from our databases in response to your requests.
Children
• When a child under age 18 attempts to register with MSM, we ask
that he or she has a parent or guardian, create the account demonstrating
parental permission.
• MSM will not contact children under age 18 about special offers
or for marketing purposes without a parent's permission.
MSM does not ask a child under age 18 for more personal information, as
a condition of participation, than is reasonably necessary to participate
in a given activity or promotion. MSM has an established protocol to ensure
that any age inappropriate materials or advertising are not delivered
to children under 18, however such protocol is on a “best efforts”
basis only, and it is the advertiser’s role and responsibility to
ensure only age appropriate advertising is delivered within the demographic
categories selected.
Tracking Information
When you use the Service, we send a “download” to your mobile
device to establish a data communication channel between your device and
our systems. In the process of information exchange between your mobile
device and the Service, we may obtain the International Mobile Station
Identifier (“IMSI”) or other similar identifying code or number,
referred to herein as a "Subscriber Identification Code." The
Subscriber Identification Code is pre-programmed into the mobile device
to identify the subscriber and the subscriber account. Alternatively,
the Subscriber Identification Code may be contained on a Subscriber Identity
Module (“SIM”), also referred to as a "Smart Card,"
which is inserted into the wireless mobile device prior to use. The SIM
or Smart Card indicates that the user of the mobile device is the subscriber
of the account assigned the Subscriber Identification Code contained on
the SIM or Smart Card, or that the user has been authorized by the subscriber
to use the mobile device. In the process of information exchange that
takes place between your mobile device and the Service, we may obtain
the IMSI, SIC or SIM code identifying the device and the user. This information
will be stored within your electronic data file and will not be available
to non-proprietary interests. Further, we may from time to time, and as
per your device’s capability, obtain the specific location information
from your device through the use of Geo Coding or GPS. This location information
may be used in the selection and delivery of advertisements to the subscriber
that are location specific, or in such other way as has been or will be
contemplated by the Service. Viewing Advertisements and Third Party Content
and Services
As part of the capability of certain functions of the Service, we may
make available content obtained from third parties including third party
files, databases and websites, or transmit content from third parties,
to you (“Third Party Content”) and provide you with links
(either by way of icons or bookmarks or MSM “hotkey” functionality)
to specific third party websites (“Linked Sites”) and access
to other websites (“Other Sites”) or information that enable
you: (a) to access Third Party Content on your device; or (b) to acquire
services provided by third parties (“Third Party Services”)
from such sites. We do not exercise control over the Linked Sites or Other
Sites of advertisers or links from within our various services. These
other sites may place their own tracking information on your device, collect
data or solicit personal information from you. Providing links to a Linked
Site or Other Site or otherwise making Third Party Content available to
you, in no way implies that we endorse, are associated with or otherwise
control that site or the content on that site. We are pleased to be able
to offer you these features on your device, but can only do so with your
clear understanding, acknowledgement and agreement that WE DO NOT CONTROL
OR ENDORSE THE THIRD PARTY SERVICES, LINKED SITES, OTHER SITES, AND THIRD
PARTY CONTENT, AND WE ARE NOT RESPONSIBLE FOR THE CONTENT, USE, TRANSMISSIONS,
PERFORMANCE OR NON-PERFORMANCE, of any such information, website or service,
including without limitation the accuracy, timeliness, copyright compliance,
legality, decency, or any other aspect of any data or service accessible
via your device. If you enter into agreements with third parties using
the Service, you will be responsible for complying with the terms and
conditions of those agreements. These third parties, Linked Sites and
Other Sites may have different privacy practices and we encourage you
to read their privacy policies.
Information security
We take appropriate security measures to protect against unauthorized
access to or unauthorized alteration, disclosure or destruction of data.
These include internal reviews of our data collection, storage and processing
practices and security measures, as well as physical security measures
to guard against unauthorized access to systems where we store personal
data.
We restrict access to personal information to MSM employees, contractors
and agents who need to know that information in order to operate, develop
or improve our services. These individuals are bound by confidentiality
obligations and may be subject to discipline, including termination and
criminal prosecution, if they fail to meet these obligations.
Data integrity
MSM processes personal information only for the purposes for which it
was collected and in accordance with this Agreement. We review our data
collection, storage and processing practices to ensure that we only collect,
store and process the personal information needed to provide or improve
our services. We take reasonable steps to ensure that the personal information
we process is accurate, complete, and current, but we depend on our users
to update or correct their personal information whenever necessary.
Software License
MSM grants to you a personal, worldwide, royalty-free, non-assignable
and non-exclusive license to use the software provided to you by MSM as
part of the Services as provided to you by MSM (referred to as the “Software”
below). This license is for the sole purpose of enabling you to use and
enjoy the benefit of the Services as provided by MSM, in the manner permitted
by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create
a derivative work of, reverse engineer, decompile or otherwise attempt
to extract the source code of the Software or any part thereof, unless
this is expressly permitted or required by law, or unless you have been
specifically told that you may do so by MSM, in writing.
Unless MSM has given you specific written permission to do so, you may
not assign (or grant a sub-license of) your rights to use the Software,
grant a security interest in or over your rights to use the Software,
or otherwise transfer any part of your rights to use the Software.
Content license from you
You retain copyright and any other rights you already hold in Content
which you submit, post or display on or through, the Services. By submitting,
posting or displaying the content you give MSM a perpetual, irrevocable,
worldwide, royalty-free, and non-exclusive license to reproduce, adapt,
modify, translate, publish, publicly perform, publicly display and distribute
any Content which you submit, post or display on or through, the Services.
This license is for the sole purpose of enabling MSM to display, distribute
and promote the Services and may be revoked for certain Services as defined
in the Additional Terms of those Services.
You agree that this license includes a right for MSM to make such Content
available to other companies, organizations or individuals with whom MSM
has relationships for the provision of syndicated services, and to use
such Content in connection with the provision of those services.
You understand that MSM, in performing the required technical steps to
provide the Services to our users, may (a) transmit or distribute your
Content over various public networks and in various media; and (b) make
such changes to your Content as are necessary to conform and adapt that
Content to the technical requirements of connecting networks, devices,
services or media. You agree that this license shall permit MSM to take
these actions.
You confirm and warrant to MSM that you have all the rights, power and
authority necessary to grant the above license.Accessing and updating
personal information
When you use MSM services, we make good faith efforts to provide you with
access to your personal information and either to correct this data if
it is inaccurate or to delete such data at your request if it is not otherwise
required to be retained by law or for legitimate business purposes. We
ask individual users to identify themselves and the information requested
to be accessed, corrected or removed before processing such requests,
and we may decline to process requests that are unreasonably repetitive
or systematic, require disproportionate technical effort, jeopardize the
privacy of others, or would be extremely impractical (for instance, requests
concerning information residing on backup tapes), or for which access
is not otherwise required. In any case where we provide information access
and correction, we perform this service free of charge, except if doing
so would require a disproportionate effort. Some of our services have
different procedures to access, correct or delete users' personal information.
We provide the details for these procedures in the specific privacy notices
or FAQs for these services.Customer Indemnity
You shall defend, indemnify and hold harmless MSM, its suppliers, successors,
affiliates, agents, authorized distributors and assigns and each of their
directors, officers, employees and independent contractors (each a “MSM
Indemnified Party”) from any claims, damages, losses, or expenses
(including without limitation, reasonable legal fees and costs) incurred
by a MSM Indemnified Party arising from any injury, death or property
damage arising from your or your authorized user’s negligence or
misconduct in connection with you or your authorized user’s use
of the Service or any portion thereof.
You further acknowledge and indemnify MSM, its suppliers, successors,
affiliates, agents, authorized distributors and assigns and each of their
directors, officers, employees and independent contractors from any and
all claim with respect to the use, function, operation, interruption or
cost associated with or caused by the MSM services and your mobile device.
Specifically and without limitation, the charges incurred by you the subscriber
for data transfer, airtime, or hardware damage or malfunction or service
interruption that may be resultant from the use of the MSM services and
billed by your service carrier.
Limited Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE STATE OF THE ART DOES NOT ALLOW THE
DEVELOPMENT OF ERROR-FREE COMPUTER PROGRAMS OR GUARANTEED TRANSMISSION
OF DATA, AND THUS NEWCO CANNOT AND DOES NOT WARRANT THAT THE SERVICE WILL
OPERATE UNINTERRUPTED OR BE ERROR-FREE. YOU ALSO ACKNOWLEDGE AND AGREE
THAT THE SERVICE WAS DEVELOPED FOR GENERIC USE AND WAS NOT CUSTOMIZED
TO YOUR PREFERENCES, SO MSM CANNOT GUARANTEE THAT THE SERVICE WILL FIT
ANY PARTICULAR PURPOSE.
EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW IN YOUR
JURISDICTION, ALL OF MSM’S SERVICES ARE PROVIDED OR MADE ACCESSIBLE
“AS IS” AND “AS AVAILABLE”, WITHOUT CONDITION,
ENDORSEMENT, GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND BY MSM.
MSM DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF ANY SERVICE, CONTINUED
AVAILABILITY OF ANY SERVICE, OR THAT ANY CONTENT SENT BY OR TO YOU WILL
BE ACCURATE, TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD
OF TIME.
MSM DOES NOT HAVE CONTROL OF AND CANNOT PROVIDE ANY WARRANTY OR OTHER
SIMILAR ASSURANCE FOR ANY THIRD PARTY SERVICES, EXCEPT TO THE EXTENT SPECIFICALLY
PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, ALL THIRD PARTY CONTENT,
THIRD PARTY SOFTWARE AND ACCESS TO LINKED SITES AND OTHER SITES ARE PROVIDED
OR MADE ACCESSIBLE BY MSM ‘AS IS’ AND ‘AS AVAILABLE’
WITHOUT CONDITION, ENDORSEMENT, GUARANTEE, REPRESENTATION OR WARRANTY
OF ANY KIND BY MSM. MSM SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY
THIRD PARTY CLAIMING BY OR THROUGH YOU, FOR ANY ISSUE RELATING TO THE
LINKED SITES, OTHER SITES, THIRD PARTY CONTENT, OR THIRD PARTY SOFTWARE,
INCLUDING WITHOUT LIMITATION: (A) THE ACCURACY, TRANSMISSION, TIMELINESS
OR CONTINUED AVAILABILITY OF SUCH THIRD PARTY SERVICES, THIRD PARTY SOFTWARE
OR THIRD PARTY CONTENT; (B) THE PERFORMANCE OR NON-PERFORMANCE OF THE
THIRD PARTY SOFTWARE OR THIRD PARTY SERVICES; OR (C) THE INTEROPERABILITY
OF THE THIRD PARTY SERVICES OR THE THIRD PARTY SOFTWARE WITH ALL OR A
PORTION OF THE SERVICE. YOU SPECIFICALLY AGREE THAT MSM IS NOT RESPONSIBLE
OR LIABLE FOR ANY VIRUSES, OR ANY THREATENING, DEFAMATORY, OBSCENE, TORTIOUS,
OFFENSIVE OR ILLEGAL THIRD PARTY CONTENT OR FOR CONTENT THAT INFRINGES
ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR THE TRANSMISSION THEREOF.
YOUR RECOURSE IN THE EVENT OF ANY SUCH CLAIM WITH RESPECT TO ANY THIRD
PARTY SOFTWARE, THIRD PARTY SERVICE OR THIRD PARTY CONTENT, SHALL BE SOLELY
AGAINST THE RELEVANT THIRD PARTIES.
No Other Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE WARRANTIES EXPRESSLY
SET OUT IN THIS AGREEMENT ARE MADE IN LIEU OF ANY OTHER WARRANTIES, REPRESENTATIONS,
CONDITIONS, ENDORSEMENTS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES, ENDORSEMENTS,
GUARANTEES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS
FOR A PARTICULAR PURPOSE OR USE, SATISFACTORY QUALITY, DURABILITY, TITLE,
NON-INFRINGEMENT, OR OTHERWISE ARISING FROM A STATUTE OR CUSTOM OR COURSE
OF DEALING OR USAGE OF TRADE, AND ALL OTHER WARRANTIES, REPRESENTATIONS,
CONDITIONS, ENDORSEMENTS OR GUARANTEES OF ANY KIND EITHER EXPRESS OR IMPLIED
ARE DISCLAIMED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.
THE LAW OF SOME COUNTRIES MAY NOT ALLOW THE EXCLUSION OF WARRANTIES, CONDITIONS,
ENDORSEMENTS, GUARANTEES, OR REPRESENTATIONS IN CONTRACTS WITH CONSUMERS
AND THEREFORE THESE EXCLUSIONS MAY NOT APPLY TO YOU.Limitation of Liability
The subscriber releases MSM and its officers, employees, agents, subsidiaries
and affiliates from any claim for loss, damage or liability, including
special indirect or consequential loss or damage such as loss of revenue,
unavailability of systems or loss of data, in respect of:
. Any advertising emails forwarded to the member;
. Membership of the service;
. The member’s use of or inability to use the Service;
. The quality of goods earned by the member;
. Any dispute with a supplier of goods and/or services.In no event will
MSM be liable to you for any indirect, special, consequential, incidental,
exemplary or punitive damages even if MSM has been advised of the possibility
of such damages. In particular and without limiting the generality of
the foregoing, MSM accepts no liability for any data made, transmitted
or stored with the Service nor the costs of recovering or replacing such
data, loss of business profits or revenues, loss of savings, business
interruption, downtime costs, failure to transmit or receive any data,
problems with applications or third party services used in conjunction
with the Service.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OF CONSEQUENTIAL OR INDIRECT
DAMAGES IN CONTRACTS WITH CONSUMERS AND THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU. In no event shall MSM be liable to you, your successors
or heirs in the event of: (i) death or personal injury how so ever caused,
to the extent resulting directly from MSM’s negligence or that of
its employees or agents; or (ii) any fraudulent act or omission of MSM
or that of its employees or agents.EACH PARTY SHALL BE LIABLE TO THE OTHER
ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT BUT SHALL HAVE NO OTHER OBLIGATION,
DUTY, OR LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, OR OTHERWISE.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS AGREEMENT SHALL:
(i) APPLY TO THE NATURE OF THE CAUSE OF ACTION, DEMAND OR ACTION BY YOU
INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT
LIABILITY OR ANY OTHER LEGAL THEORY; (ii) SURVIVE A FUNDAMENTAL BREACH
OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT
OR OF ANY REMEDY CONTAINED HEREIN; (iii) NOT APPLY TO THE INDEMNITY OBLIGATIONS
SET OUT HEREIN.
IN NO EVENT SHALL ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, DISTRIBUTOR,
SUPPLIER, INDEPENDENT CONTRACTOR, SUCCESSOR OR ASSIGN OF MSM OR ANY AFFILIATE
OF MSM HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT.
Enforcement
MSM regularly reviews its compliance with this Agreement. Please feel
free to direct any questions or concerns regarding this Agreement or MSM's
treatment of personal information by contacting us through this web site
or by writing to us at Privacy@MyScreen.com or by visiting at www.myscreen.com.
When we receive formal written complaints at this address, it is MSM's
policy to contact the complaining user regarding his or her concerns.
We will cooperate with the appropriate regulatory authorities, including
local data protection authorities, to resolve any complaints regarding
the transfer of personal data that cannot be resolved between MSM and
an individual.
Changes to this policy
Please note that this Agreement may change from time to time. We will
not reduce your rights under this Agreement without your consent, and
we expect most such changes will be minor. Regardless, we will post any
changes on this page and, if the changes are significant, we will provide
a more prominent notice (including, for certain services, email, text
message or mail notification of these changes). Each version of this Agreement
will be identified at the top of the page by its effective date, and we
will also keep prior versions of this Agreement in an archive for your
review.
General
Entire Agreement. This Agreement sets forth MSM’s entire liability
and your exclusive remedy with respect to the Service and supersedes the
terms of any purchase orders and any other communications or advertising
with respect to the Service. You further acknowledge that the attached
Schedules and Jurisdictional addendums form an integral part of this agreement.
You acknowledge that this Agreement is a complete statement of the agreement
between you and MSM with respect to the Software, and that there are no
other prior or contemporaneous understandings, promises, representations,
or descriptions with respect to the Service.
Headings. Headings under this Agreement are intended only for convenience
and shall not affect the interpretation of this Agreement .
Waiver and Modification. No failure of either party to exercise or enforce
any of its rights under this Agreement will act as a waiver of those rights.
This Agreement may only be modified, or any rights under it waived, by
a written document executed by the party against which it is asserted.
Severability. If any provision of this Agreement is found illegal or unenforceable,
it will be enforced to the maximum extent permissible, and the legality
and enforceability of the other provisions of this Agreement will not
be affected.
Governing Law. This Agreement will be governed by Ontario law and the
Dominion of Canada, without regard to its choice of law principles. The
United Nations Convention for the International Sale of Goods shall not
apply.
If you have any additional questions or concerns about this Agreement,
please feel free to contact us any time through this web site or directly
to Privacy@myScreen.com
SCHEDULE A
Terms and Conditions for the MSM Prepaid MasterCard® Debit Card
1. Scope. The MSM Prepaid MasterCard® Debit Card is issued by ________________
(the "Card Issuer"). This document constitutes the agreement
("Agreement") outlining the terms and conditions under which
a MSM Prepaid MasterCard® Debit card ("Card") has been issued
to you, issued to another person at your request and/or a account record
associated with a Card has been established for you. By registering for
an account record associated with a Card, by accepting and/or using the
Card, you agree to be bound by the terms and conditions contained in this
Agreement. "You" and "your" means the person or persons
who have registered for an account record associated with the Card and/or
individual(s) authorized to use the Card as provided for in this Agreement.
"We", "us", and "our" means the Card Issuer,
_____________, ________________ and our respective successors, affiliates
and assignees. "Card Account" means the account record we maintain
to account for the value of claims associated with the Card.
2. The Card is a Prepaid Card. The Card represents a general liability
to the Card Issuer. The value available on the Card does not constitute
a loan to us or a deposit account that is protected pursuant to the Canada
Deposit Insurance Corporation Act. As such, you will not receive interest
on any remaining monetary value on the Card. The Card allows you to access
the monetary value that is loaded on the Card. The Card is not a credit
card as credit facilities are not available and prohibited when using
the Card.
3. Overview. The terms and conditions contained herein are effective as
of the earlier date of when your Card Account is established or when you
receive the Card. All fees noted in this Agreement are inclusive of all
applicable federal and/or provincial taxes. You acknowledge and agree
that the value available on the Card is limited to the funds loaded onto
the Card. The expiration date of the Card will be indicated on the Card
itself. The value available on the Card is recorded in the Card Account
and such value will decrease each time you use the Card to make a purchase
or a cash withdrawal. You agree to sign the back of the Card immediately
upon receipt. The Card is owned and issued by the Card Issuer pursuant
to a license by MasterCard International Incorporated. Services in administering
the Card and the Card Account are provided by _______________, a MasterCard
International Incorporated member service provider. The Card will remain
the property of the Card Issuer and must be surrendered upon demand by
the Card Issuer, ______________ or MSM. The Card is non-transferable,
and it may be cancelled, repossessed, or revoked at any time without prior
notice subject to applicable law. Please read this agreement carefully
and keep it for future reference.
4. Business Days. Our business days are _____________________ Monday through
Friday, excluding public holidays.
5. Personal Identification Number. We will give you a personal identification
number ("PIN"). You will require that PIN in order to use your
Card to obtain cash from an automated teller machine ("ATM")
that bears the MasterCard® or Cirrus® brand. You should not write
or keep your PIN with your Card. If you believe that someone has gained
unauthorized access to your Card and/or PIN, you should advise us immediately,
following the procedures in the paragraph labeled "Your Liability
for Unauthorized Transfers".
6. Use of the Card.
Each time you use your Card, you authorize us to reduce the monetary value
of your Card by the amount of the purchase plus any applicable fees. You
are not allowed to exceed the monetary value of the Card as recorded in
the Card Account through any individual transaction or series of transactions.
a. When you use your Card to pay for goods or services, certain merchants
may ask us to authorize the transaction in advance and may estimate its
final value. When we authorize the transaction, we commit to make the
requested funds available when the transaction finally settles and may
place a temporary hold on your Card Account for the amount indicated by
the merchant. Transactions at certain merchants that authorize high dollar
amounts, such as rental car companies and hotels, may cause an "authorization"
or a "hold" on the authorized amount in your Card Account for
approximately 30 days. Until the transaction finally settles or we determine
that it is unlikely to be processed, the funds subject to the hold will
not be available to you for other purposes. We will only charge your Card
for the correct amount of the final transaction and we will release any
excess amount when the transaction finally settles. Please note, we cannot
manually release authorizations without a certified letter from the merchant.
b. Due to the legislative changes in Canada and/or the U.S. affecting
banks and payment processors, the Card may not function or be accepted
as payment for transactions relating to online gaming and/or gambling.
Such legislative restrictions prohibit banks and payment processors from
processing payments to online gaming and/or gambling websites.
7. Cardholder Fees & Limits. By accepting and using the Card, you
are subject to the following limits and responsible for the following
fees. These fees are non-refundable and will be deducted from the available
funds without advance notice to you. For clarity, notwithstanding inactivity
of the Card, some fees stated herein may still apply.
8. Receipts. You should get a receipt at the time you make a transaction.
You agree to retain your receipts to verify your transactions.
9. Periodic Statements. Online records of your transactions will be made
available at www.________________.com during each month in which a transaction
occurs.
10. Privacy. _____________ collects personal information, including information
regarding your Card, your Card Account, your use of the Card or Card Account,
information to qualify you for the Card and Card Account, and information
_____________ needs for regulatory purposes. Your information may be collected
from a number of different sources, including your Card application form,
Card transactions and from your use of the Card Account.
In addition and with your consent, _____________ may use your personal
information: (1) to confirm your identify; (2) to establish, service,
collect upon, process and maintain your Card Account; (3) in order to
verify the existence and condition of your Card Account for a third party,
such as a merchant; (4) in order to comply with a governmental agency,
a court order, or other legal reporting requirement; (5) to analyze and
understand the needs and preferences of Cardholders and to develop, enhance,
market and/or provide products and services to meet those needs and preferences;
and (6) to contact you concerning additional products and services.
For more information on how _____________ collects, uses and discloses
your personal information, please review ____________ privacy policy which
is available at www._____________________.com. You are encouraged to frequently
review the privacy policy as it forms a part of this Agreement and it
may be amended, replaced or supplemented from time to time without prior
notice.
By applying for, accepting, signing the back of the Card or using the
Card and/or the Card Account, you will be deemed to have acknowledged
and agreed that you have received notice of, and that you have consented
to, the collection, use and disclosure of your personal information as
described above and in accordance with _____________ privacy policy.
11. Charges Made in Foreign Currencies. If you obtain funds (or make a
purchase) in a currency other than the currency in which your Card was
issued, the amount reduced from your Card Account will be converted by
MasterCard International into an amount in the currency of your Card.
MasterCard International will establish a currency conversion rate for
this convenience. If you obtain funds in a currency other than the currency
in which your Card was issued, the currency conversion rate will be increased
by an additional 3% and this amount will be retained as compensation for
the currency conversion services. This charge is independent of the currency
conversion rate established by MasterCard International Incorporated.
12. Limited Liability and Exclusive Remedy. Our entire liability and your
exclusive remedy for damages caused or arising from this agreement regardless
of the form of action, whether in contract tort, including negligence,
strict liability or otherwise, shall be limited to a credit or refund
of the disputed transaction amount and/or transaction fees (paid during
one (1) calendar year) as provided hereunder. We shall not be liable for
any indirect incidental, special or consequential damages or for lost
profits, savings, revenues or opportunities of any kind, whether or not
we had knowledge, actual or constructive, that such damages might be incurred.
In addition, we will not be liable in the following situations, among
others:
• If, through no fault of ours, you do not have enough value recorded
in your Card Account to complete the transaction;
• If a merchant refuses to accept your Card;
• If an electronic terminal where you are attempting a transaction
does not operate properly;
• If access to your Card has been blocked after you reported your
Card lost or stolen;
• If there is a hold or your funds are subject to legal process
or other encumbrance restricting their use;
• If a transaction is declined based on a reasonable belief that
the requested transaction is unauthorized;
• If circumstances beyond our control (such as fire, flood or computer
or communications failure) prevent the completion of the transaction,
despite reasonable precautions that we have taken;
• Any other exception stated in our Agreement with you.
13. Your Liability for Unauthorized Transfers. You agree to use best efforts
to protect the Card against loss, theft or unauthorized use. You agree
to contact Customer Service immediately if you believe your Card has been
lost or stolen or you believe there is any unauthorized use of your Card.
Telephoning Customer Service toll free at ___________________ is the best
way to mitigate any potential losses. The amount of the loss you will
have to bear will depend on the circumstances. You will not bear any loss
for an unauthorized use of your Card if (i) you have exercised reasonable
care in safeguarding your Card, (ii) you have not reported two or more
other incidents of the unauthorized use of your Card in the 12-month period
immediately preceding the unauthorized use, and (iii) your Card and/or
Card Account status is in good standing. If you fail to satisfy any of
these conditions, you can lose up to ___________ if someone uses your
Card without your permission, or, if the funds recorded in your Card Account
is less than $_______, you can lose all of the money represented in your
Card Account. You also agree, to the extent permitted by law, to co-operate
with us in our attempts to recover amounts from unauthorized users and
to assist in their prosecution under law.
If your online transaction record shows transactions that you did not
make, inform Customer Service immediately. If you do not tell us within
30 days after record of the transaction was made available to you, you
may not get back any money you lost after the 30 days if we can prove
that we could have stopped someone from taking the money if you had told
us in time or you were grossly negligent or fraudulent in the handling
of your Card.
If your Card has been lost or stolen and you advise us, we will terminate
your Card Account to minimize your losses.
14. Other Terms. Your Card and your obligations under this Agreement may
not be assigned. We may transfer any or all of our rights under this Agreement.
Use of your Card is subject to all applicable rules and customs of any
clearinghouse or other association involved in transactions. We do not
waive our rights by delaying or failing to exercise them at any time.
If any provision of this agreement shall be determined to be invalid or
unenforceable under any rule, law, or regulation of any governmental agency,
local, provincial, or federal, the validity or enforceability of any other
provision of this Agreement shall not be affected. This Agreement will
be governed by the laws of ______________________________.
15. Amendment and Cancellation. We may amend or change the terms of this
Agreement from time to time. You will be notified of any other change
in accordance with applicable legislation prior to the effective date
of the change. However, if the change is made for security purposes, we
will implement such change without prior notice. Subject to applicable
legislation, any changes will be effective upon posting of the revisions
on the Card program website at www.______________.com or as otherwise
set out in this Agreement, which may be amended from time to time. We
cannot guarantee that all e-mails and letters sent by us will be delivered
to you. If at any time you want to ensure that you have the most current
version of this Agreement, please visit our website.
We may cancel or suspend your Card or this Agreement at any time. You
may cancel this Agreement by returning the Card to us. Your termination
of this Agreement will not affect any of our rights or your obligations
arising under this Agreement prior to termination.
We may add to or modify the features of your Card from time to time in
our sole discretion. You can find detailed information of how the Card
works at www._____________________.com.
16. Information About Your Right to Dispute Errors. Telephone or write
Customer Service at the telephone number or address listed below as soon
as you can if you become aware of errors or transactions you did not make.
Customer Service can be reached, at 1-_________________ or by mailing
a letter to Cardholder Services at:
________________________________
_________________________________
Customer Service must hear from you no later than 30 days after you receive
your monthly Card statement and/or first activity report on which the
problem or error appeared. In this regard, upon contacting Customer Service,
you will be required to provide specific information, including:
• your name, your contact information, Card number and/or Card Account
number;
• a description of the error or the transaction you are concerned
about, including reasons why you believe it is an error; and
• the dollar amount of the suspected error.
If you provide this information orally, we may require that you send your
concern, complaint or question in writing within 10 business days. We
will attempt to respond within 10 business days after we hear from you
and will promptly correct any error that is substantiated. However, we
may take up to 45 days to investigate your concern, complaint or question.
Further to such investigation and on a case by case basis, we may credit
your Card Account for the amount determined to be in error. If we ask
you to put your concern, complaint or question in writing and you do not
provide it within 10 business days, we may not credit your Card. For errors
involving new Cards, point-of-sale, or foreign-initiated transactions,
we may take up to 90 days to investigate your concern, complaint or question.
We will tell you the results within three business days after completing
our investigation. If we were unable to substantiate the error, we will
send you a written explanation.
17. Currency. All references to dollar amounts in this Agreement are references
to United States currency unless otherwise specifically stated.
SCHEDULE B
CREDITING YOUR MOBILE DEVICE ACCOUNT
DETAILS ARE COMING SOON!
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