PRIVACY POLICY FOR SERVICES OF STAR MOBILE AND THE STAR MOBILE WEBSITE
PRIVACY POLICYFOR SERVICES OF STAR MOBILE AND THE STAR MOBILE WEBSITE
Thank you for using the Star Mobile services (the "Services") or visiting the Star Mobile website ("Website"). American Media, Inc. ("AMI") has established the following policies, terms and conditions to govern both the Services and the Website.
PLEASE READ THIS PRIVACY POLICY AND THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE OR THE WEBSITE. BY USING THE SERVICES OR THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICES OR THE WEBSITE.
Privacy Policy
Your privacy is important to AMI and so AMI provides this notice to explain AMI's information practices and the choices you can make about the collection and use of the personal information you submit to AMI. In providing products and services, AMI endeavors to comply with the industry standards established by the Mobile Marketing Association and set forth at www.mmaglobal.com
If you are using the Services or visiting the Website from outside the United States, please be advised that, because AMI operates internationally and certain of AMI's computer systems are currently based in the United States, your personal data will be processed in the U.S. where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. By using the Website, you consent to (i) AMI's Privacy Policy and Terms of Services, and (ii) the transfer of your information outside of your country, and (iii) the use by AMI and its business partners and their respective affiliates using your personal information to contact you electronically, in writing or otherwise to provide notices relating to your use of AMI services and websites and to give you information about the products and services offered by AMI, its business partners and their respective affiliates.
Information Collection & Use of Collected Information
Visitors AMI may collect certain non-personally identifiable information when you use the Services or visit the Website or those of certain partners. Like most websites, AMI uses server log files. These files contain information such as Internet Protocol (IP) addresses, browser types, Internet Services Provider (ISP), referring/exit pages, platform types, date/time stamps, the number of clicks to analyze trends, administer the site, track the user's movement in the aggregate, and gather broad demographic information for aggregate use. Individual IP addresses, etc., are not linked to personally identifiable information.
Website Customers In order to purchase products or services from AMI, AMI requires that you provide certain personally identifiable information. The types of personally identifiable information that may be collected include: name, address, e-mail address, mobile phone number and MSISDN (mobile station integrated services digital network number), credit card and billing information, download history, gender, age, date of birth, demographic information, and customer generated content and/or information about your interests in and use of various products, programs, and services.
AMI, its business partners and their respective affiliates may use such personally identifiable information to provide the information or content you have requested (e.g., fulfill your orders for ringtones, games, data and news), to contact you about programs, products, features or services in which AMI, its business partners or their respective affiliates may believe you could be interested (such as future promotional materials), to customize the advertising and content that you see, or for other purposes disclosed from time to time. AMI may also use your personally identifiable information to contact you regarding your use of the Services or the Website or changes to the Privacy Policy, Terms of Services, or other policies or terms that affect you and your use of the Services or the Website. In addition, AMI may use information collected about AMI's users to improve the content and navigation of the Services or the Website, or for other internal purposes.
To fulfill your requests for products and services (e.g., provide you with content via your mobile device), AMI may share the personally identifiable information you provide with your mobile phone service provider or its partner and subcontractor companies. AMI may also provide your information to trusted partners under confidentiality agreements. These companies may use your personal information to help AMI communicate with you via your mobile device or email about offers from AMI and its marketing partners.
AMI may from time to time display targeted advertisements based on personal information on any of its websites or via your mobile device. Advertisers (including ad serving companies) may assume that people who interact with, view or click targeted ads meet the targeting criteria - for example, men aged 18-24 from a specific geographic area. AMI 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 assume that you meet the targeting criteria used to display the ad.
This privacy policy does not cover use of information by your mobile phone service provider or its partner and subcontractor companies. To learn more about your provider's privacy practices, you should consult its privacy policy. Information gathered by AMI may used to compile mailing lists for solicitations from unaffiliated third parties, and may be shared with other companies for these purposes.
AMI may also disclose anonymous, aggregated user statistics to third parties for a variety of purposes. For example, AMI may disclose how many individuals visited certain areas of the Website or purchased a particular type of product.
In addition, AMI may disclose personally identifiable information collected about you at this Website in the following instances: (i) Legal Action: AMI reserves the right to disclose your personally identifiable information as required by law without notice to you (and you expressly accept and agree to all such disclosures without notice being given to you) and whenever AMI believes that disclosure is necessary to protect AMI's rights and/or to comply with a judicial proceeding, court order, or legal process served on AMI; (ii) Corporate Change: AMI may sell, transfer or otherwise disclose user information, including personally identifiable information, to a successor entity in connection with a corporate merger, consolidation, or a sale of substantially all assets.
Children
Children under age 13 are currently not permitted to register for the Services or the Website. In the case of certain services that may be appropriate for children, AMI will require express parental permission. AMI will not contact children who identify themselves as being under age 13 about special offers or for marketing purposes without a parent's permission, and AMI will only ask children who identify themselves as being under age 13 for personal information that is reasonably necessary to permit the child to participate in a particular service, activity or promotion. Parents should understand that AMI has no way to determine whether or not a child is using a mobile device purchased or registered by an adult or a service purchased using an adult's credit card. AMI is not responsible for the consequences of such use.
Your Choices
As noted above, AMI may use the personally identifiable information collected from you online to provide you with opportunities to present advertising and to offer you products and services that may be of interest to you. If you would like to opt out of future promotional materials from AMI, you may indicate this preference by following the unsubscribe instructions at the end of such e-mail communications, and AMI will remove your name, telephone number and email address from its contact list as soon as practicable.
Collection of Information by Third-Party Sites and Sponsors Some of the Services and parts of the Website contain links to other sites whose information practices may be different than AMI's. Visitors and customers should consult the other sites' privacy notices as AMI has no control over information that is submitted to, or collected by, these third parties.
Cookies
To enhance your experience with the Website, AMI may use "cookies" in connection with the Website. Cookies are alphanumeric identifiers that AMI transfers to your computer's hard drive through your Web browser to enable AMI's systems to recognize your browser and to provide features. Cookies, by themselves, do not tell AMI your e-mail address or other personally identifiable information unless you choose to provide this information to AMI by, for example, registering with the Website. However, once you become a customer and furnish the Website with personally identifiable information, this information may be linked to the data stored in the cookie using your subscriber identifying information or by other means.
AMI uses cookies to understand site usage and to improve the content and offerings on the Website. For example, AMI may use cookies to personalize your experience on the Website (e.g., to recognize you when you return to the Website). You may adjust your browser to reject cookies from AMI or from any other site. Please consult the "Help" section of your browser for more information. However, certain areas of the Website can be accessed only in conjunction with cookies or similar devices and you should be aware that disabling cookies or similar devices might prevent you from accessing some of AMI's content.
Data Security
AMI has put in place certain physical, electronic, and managerial procedures to help prevent unauthorized access and maintain data security. Due to the open nature of Internet communications, AMI cannot guarantee that communications between you and AMI will be free from unauthorized access by third parties. Visitors to the Website and customers use the Services and the Website at their own risk.
Changes to Privacy Policy AMI may, from time to time, change this privacy policy and such changes shall be effectively immediately and without any notice to you.
Questions/Concerns? If you have any questions, comments, or concerns regarding AMI's privacy policy, please write to: help@kargo.com
TERMS OF SERVICE
FOR SERVICES OF STAR MOBILE AND THE STAR MOBILE WEBSITE
Welcome to the Star Mobile services and/or the Star Mobile website (collectively the "Services"). These terms of service (these "Terms") constitute a legal and binding contract. Please read these Terms carefully. By using the Services or downloading mobile content to a mobile device (each a "Download"), you represent and warrant that you are at least 13 years of age and have the right to sign-up for and use the Services and, if you are a minor, that you have been authorized to use the Services by your parent or guardian, and that such adult takes full responsibility for your actions.
In these Terms, "you" and "your" refer to each customer (including the subscriber of a participating mobile communications carrier on whose behalf you are entering into these Terms) and his or her agents, and "AMI" refers to American Media, Inc. or its affiliates or partners and their respective successors and assigns. These Terms explain AMI's obligations to you, and your obligations to AMI with respect to the Services.
1. Description of the Services The Services may provide mobile content (such as ringtones, games and graphics, news and other information data) via the internet, mobile internet, mobile messaging and downloadable executables Java (sm), symbian (sm) and other means of mobile content delivery to and/or the exchange of information among certain compatible mobile devices. Some of the content provided may be downloadable onto a mobile device. You acknowledge and agree that the Services are solely for your personal use on the mobile device accessing the Services and you agree to comply with all of these Terms and with all copyright and other laws governing the use of the Services and the Downloads.
2. Access to Services (a) Access to the Services. In order to use the Services, you must have a mobile communications device with paid access with a participating carrier and otherwise have access to a mobile communications network for which AMI makes the Services available as well as any carrier services (such as a data plan) necessary for both access to and download of content, and pay when due any carrier or third party service fees and taxes associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Services, including but not limited to a mobile hand set or other mobile device with network or internet access that is in working order and suitable for use in connection with the Services. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with AMI's operations. Any equipment or software causing interference shall be immediately disconnected from the Services and AMI shall have the right to immediately terminate these Terms. If any upgrade in or to the Services 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 Services, including the release of new products and services, shall be subject to these Terms.
(b) Subscription Plans. AMI may offer the Services or Downloads or access to content services on a renewable subscription basis (each a "Subscription Plan"). These Terms are incorporated by reference into the terms and conditions of any such Subscription Plan. Subscription Plans may include a certain defined number of credits that entitle you use the Services and/or to download, receive and/or access that defined number of individual downloads of ringtones, wallpapers, games, or other mobile content for a monthly flat fee. After you enter into a Subscription Plan, every month AMI will transfer credits to your account. The type and number of credits you are entitled to is dependent on the type of Subscription Plan that you elect. The provision of credits and the making available of the possibility to download, receive and/or access mobile entertainment content may be offered for a flat fee. The monthly flat fee shall become due every month irrespective of whether or not you actually view any content service during any particular subscription period. Depending on the type of Subscription Plan, if you do not use/redeem all your credits within the applicable subscription period, the unused credits will either (a) be rolled over into the next subscription period and remain in your account until used/redeemed or until expiration or termination of your subscription plan or (b) will expire at the end of the respective subscription period. If you download mobile entertainment content in excess of the amount allowed by your selected plan, then you will be prompted to purchase an additional plan and be responsible for the additional applicable plan fee. AMI reserves the right to terminate your participation in any Subscription Plan or service and to block your usage thereof at any time in AMI's sole discretion. If AMI elects to terminate your participation and you have not breached these Terms of Services, AMI may refund pro rata any fees paid by you that are allocable to the period following such termination.
(c) Registration Data. If you opt to register for the Services on one of AMI's websites, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") on which AMI may rely and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If AMI has grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, AMI has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof with no refund). You acknowledge and agree that AMI (itself or through third party service providers) is authorized to verify such Registration Data independently.
(d) Username and Password. If you opt to register for the Services, you may be required to establish an account and obtain a username and password. You authorize AMI 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 AMI 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 AMI or any third party be liable for the unauthorized use or misuse of your username and/or password. AMI may need to change usernames allocated to certain of its Services and reserves the right to do so. You will be informed if this change is necessary.
(e) Access without Registration. AMI may provide you with access to some Services without you registering as a user (such as sign-up, some advertising supported services and text messaging products). In each such case your identification is based on means of identification that AMI deems appropriate, such as your mobile telephone number.
(f) Right to Download. You acknowledge and agree that all Downloads made available as part of the Services are owned by AMI, its affiliates and/or licensors, as applicable, and are protected by intellectual property laws. AMI hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, non-sublicenseable, revocable right to download and use the object code version of such Downloads and the Services on a designated compatible mobile device solely for your own personal non-commercial use in the United States and Canada. 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 any of the Downloads except as expressly provided in these Terms. No license is granted to you by these Terms in the human readable code (also known as the source code) of the mobile content accessed or downloaded on your mobile device, and no rights are granted to you by these Terms in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile content downloaded by or onto your mobile device. You shall not (or otherwise authorize, encourage or support the attempts of third parties to) circumvent, reverse engineer, decrypt, decompile, break into, corrupt, or otherwise alter or interfere with the Services, including, but not limited to, any Downloads.
(f) Interactive Services. Certain of the Services may be interactive and may permit you to upload, post or otherwise transmit data (such as photos, video by email, text tutor, text or audio messaging, or mobile internet on a mobile device). You agree not to use the Services to upload, post, email, transmit or otherwise make available any content that:
1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, sexually explicit, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. is harmful to minors in any way;
3. impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity or attempts to disguise the source of the data;
4. you do not have a right to make available under any law or under contractual or fiduciary obligations (such as inside information, proprietary and confidential information learned as part of employment relationships or under nondisclosure agreements) or that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
5. constitutes or consists of unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or violates any applicable federal, state or international law designed to curb unsolicited communications and related abuses, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code, and Section 17538.45 of the California Business and Professions Code;
6. contains software viruses or any program code or programming instruction or set of instructions designed to interrupt, destroy, limit, disrupt, disable, harm, interfere with or otherwise adversely affect computer programs, data files or operations, or any other code typically described as a virus or by similar terms, including but not limited to any Trojan horse, time bomb, worm or backdoor;
7. interferes with or disrupts the Services or servers or networks connected to the Services, or violates any requirements, procedures, policies or regulations of networks connected to the Services;
8. violates any applicable local, state, national or international law or regulation or the rights of any third party, including but not limited to copyright, trademark, service mark, trade dress, patent, trade secret, right of privacy and right of publicity;
9. provides material support or resources (or attempts to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization;
10. is designed to "stalk" or otherwise harass another person or entity.
You acknowledge and agree that AMI has no obligation whatsoever to screen or pre-screen content or data that is uploaded, posted, emailed, transmitted or otherwise made available by you or any other user of the Services, and that AMI reserves the right to do so. Additionally, AMI reserves the right in its sole discretion to remove any content or data that violates these Terms or is otherwise objectionable. You agree that you bear all risks associated with the use of any content or data provided by or via the Services, including any reliance on the accuracy, completeness, or usefulness of such content or data.
These Terms will terminate immediately and without notice if you fail to comply with any provision of these Terms. Upon termination of these Terms, you agree to immediately remove all downloaded mobile content from your wireless communications device and discontinue your use of the Services.
(g) Interruptions or Discontinuation of Services. AMI reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Services, or portions thereof, or your use thereof with or without notice ort liability to you.
(h) Viruses. AMI assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect your mobile device, computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.
(i) Third Party Content. AMI is not a publisher of content that is supplied by third parties and/or users of the Services. Accordingly, AMI has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties and/or users of the Services are those of the respective author(s) or distributor(s) and not of AMI. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. AMI neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized AMI employee spokespersons while acting in their official capacities.
(j) Third Party Products and Services. AMI may make available or provide access to products and services of independent third parties either directly or via links to sites 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 AMI 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.
3. Privacy You acknowledge that, in connection with the Services, AMI may collect and process your "personal information" (e.g., information that could be used to contact you, such as name, postal address, phone number or e-mail address), your "financial information" (e.g., credit card numbers, bank account information or passwords) and/or your "demographic and usage information" that you submit, (e.g., age, gender, birth date and other demographic information) – some of which AMI may collect without your active participation or knowledge. Some or all of such information is necessary or desirable for the proper functioning and billing of the Services, such as the date regarding the start and end and the extent of your usage of the Services. AMI may pass on your personal information, financial information and/or demographic and usage information to your mobile phone service provider. By using the Services, you consent to any such transfer of information. Your personal information, financial information and demographic information will be deleted no later than twelve months after termination of your subscription. AMI may store your information beyond this date if required by law or contract.
4. Indemnification You shall indemnify, defend, release and hold AMI and its parent company, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, employees, licensors, third party content providers, network operators and all of their respective successors and assigns from any and all losses, liabilities, claims, damages, costs and expenses (including reasonable attorney fees and court costs) arising out of or in connection with (a) your use or misuse of the Services, and/or (b) the breach by you of these Terms or any of the representations and warranties made by you herein.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
A. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER AMI, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, PRODUCT, SERVICES OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. B. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FOR THE RESULTS (IF ANY) TO BE OBTAINED FROM THE USE OF THE SERVICES. C. THIS DISCLAIMER OR WARRANTIES AND LIMITATION OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING BUT NOT LIMITED TO STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AMI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES OVER WHICH AMI HAS NO CONTROL. D. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF AMI OR ANY THIRD PARTY CONTENT PROVIDER OR ANY NETWORK OPERATOR TO YOU OR ANY PERSON OR ENTITY CLAIMING BY OR THROUGH YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING AMI'S OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING BUT NOT LIMITED TO STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
6. Intellectual Property Rights Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to any intangible property which are used, developed, comprising, embodied in, derived from or performed in connection with any of the Services, including but not limited to patent, copyright, trademark and trade secret rights (collectively "AMI Intellectual Property Rights") are owned by AMI or its licensors, and you agree to make no claim of interest in or ownership of any such AMI Intellectual Property Rights. You acknowledge that no title in or to the AMI Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in these Terms.
7. Patents The Services may be covered by one or more U.S. or foreign patents, including: U.S. Patent No. 6,731,316, Korean Patent No. 10-0672047, Russian Federation Patent No. 2288499, Mexican Patent No. 232036, Australian Patent No. 2001295029 and Australian Patent No. 2002236938 (pending).
8. Fees You may choose to purchase services or content from AMI. Such services or content may be billed either via text messaging or on your carrier phone bill. The fees may be either on a one-time basis or part of a Subscription Plan. The policies covering Subscription Plans are described above. You may obtain the amount of a monthly subscription fee by sending a text message with the word "HELP" in the body of the message to the originating shortcode of any text message sent by the Subscription Plan. In some cases, you may be required to check your carrier bill for this information. You agree to pay your mobile device operator for all individual Downloads and pay the monthly fee that corresponds to the Subscription Plan you select in accordance with the fees in effect at the time of your order. Unless otherwise indicated, the charges shall be invoiced on the bill from your participating mobile communications carrier. All fees are subject to change upon notice from AMI. AMI will provide you with reasonable notice of such change whenever possible. If you do not accept the new fees (which will be applicable on a prospective basis only), you will have 14 days from the date of such notice to cancel your subscription plan and/or your account effective at the end of the calendar month. All fees are due immediately and are non-refundable, except as otherwise expressly noted.
9. Termination and Cancellation of Services To cancel your Subscription Plan, send a text message with one of the following words in the body of the message: "STOP" "END" or "QUIT" to the originating shortcode of any text message sent by the Subscription Plan or any other number as may be designated on AMI's website. You may also send an email to help@kargo.com for assistance in canceling your Subscription Plan. Opt out information is available at any time by sending a text message with one of the following words in the body of the message: "HELP" to the originating shortcode of any text message sent by the Subscription Plan
The termination shall become effective at the end of the billing period in which you gave your notice of termination. You may be required to contact your wireless carrier to fully unsubscribe from the Subscription Plan.
You agree that AMI, in its sole discretion, may at any time terminate your use of the Services and Subscription Plan(s) or individual services provided via the Services and/or change its content offering made available through the Services, if AMI believes that you have violated or acted inconsistently with these Terms. You agree that, upon termination of your access to the Services under any provision of these Terms, AMI 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 Services. Further, you agree that AMI shall not be liable to you or any third party for any termination of your access to the Services. If you cancel your account or Subscription Plan for any reason, AMI will not refund any of your fees paid to date, except as expressly provided in these Terms.
10. Miscellaneous Provisions
(a) Notices and Announcements. Except as expressly provided otherwise herein, all notices to AMI shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:
American Media, Inc.
Attention: General Counsel
4950 Communication Avenue
Boca Raton, Florida 33431
AMI may serve notices related to this contract by posting them on the Website or by sending them to the postal address or e-mail address you have given to AMI or as a text message to your mobile telephone number associated with your account. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Website or sent by e-mail or as a text message shall be deemed received on the first business day after the day when they were posted or sent.
(b) Severability. If any provision of these Terms is declared illegal, invalid or unenforceable, in whole or in part, then that term or provision will not affect the remainder of these Terms. These Terms will be deemed amended to the extent necessary to make them legal, valid and enforceable and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties, and the remaining provisions of these Terms will remain unchanged and in full force and effect.
(c) Entire Agreement. You expressly agree that these Terms constitute the entire agreement between you and AMI regarding the Services and the subject matter hereof and that these Terms supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the Services and the subject matter hereof.
(d) Assignment and Resale. Except as otherwise set forth herein, your rights under these Terms are not assignable or transferable, in whole or in part. You agree not to resell the Services or any portion thereof.
(e) Governing Law. These Terms and all disputes hereunder shall be governed by and construed in accordance with the laws of the State of New York, United States of America, excluding its conflict of laws rules. You agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of a state or federal court with appropriate jurisdiction located in New York County, New York for any disputes between under or arising out of these Terms. You hereby waive any right to jury trial with respect to any action brought in connection with these Terms. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
(f) Export Control. Content, software and other materials from the Services may be subject to United States export control laws and regulations. The United States export control laws prohibit the export of certain technical data and software to certain territories. No content or software from this Services may be downloaded or exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (b) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. AMI does not authorize the downloading or exportation of any content, software or technical data from the Website to any jurisdiction prohibited by the United States export laws or regulations.
(g) Changed Terms. AMI reserves the right at any time to change or modify the terms and conditions applicable to use of the Services or any part thereof, or to impose new terms and conditions, including but not limited to adding fees or charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including but not limited to posting via the Services or by electronic or conventional mail, or by any other means. Any use of the Services by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
(h) Waiver. No waiver of any provision of these Terms shall be effective until made in writing and signed by an authorized representative of AMI. The remedies of AMI under these Terms shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require strict performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of these Terms at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
(i) Headings. The section headings appearing in these Terms are for convenience only and in no way define, limit, construe or describe the scope or extent of any such section or in any way affect such section.
(j) Survival. In the event these Terms terminate as provided herein, Sections 2(b), 2(c), 2(e), 3, 4, 5, 6 and 10 of these Terms shall survive such expiration or termination indefinitely.

