Sesame Street Mobile

Terms and Conditions -- M-Qube

M-Qube, Inc. (M-Qube) operates this web site (http://mobilestore.sesameworkshop.org) (the "Web site") pursuant to agreements with Sesame Workshop.

M-Qube provides a system for browsing, purchasing, and delivering ringtones and wallpapers for your mobile phone. (M-Qube Technology) The M-Qube Technology along with the Web site, will be known as the "Sesame Street Mobile/M-Qube Service."

The Sesame Street Mobile/M-Qube Service will be subject to the following terms and conditions (the "Terms"). Any new features, or changes to update or improve the current Sesame Street Mobile/M-Qube Service shall be subject to the Terms unless expressly stated otherwise.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

MODIFICATION OF TERMS
M-Qube may revise the Terms from time to time by updating this posting. By using any part of the Sesame Street Mobile/M-Qube Service, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Terms to which you are bound. Revisions to the Terms will become effective upon posting, and apply to all purchases completed after the posting. Your subsequent continued use of the Sesame Street Mobile/M-Qube Service constitutes your agreement to the revised Terms disseminated on our Web Site.

MODIFICATION OF THE SESAME STREET MOBILE/M-QUBE SERVICE
M-Qube reserves the right at any time, and from time to time to modify or discontinue, temporarily or permanently, the Sesame Street Mobile/M-Qube Service (or any part of the Sesame Street Mobile/M-Qube Service) with or without notice. You agree that M-Qube may terminate or limit your use of any part or all of the Sesame Street Mobile/M-Qube Service, including the number and duration of access to the Sesame Street Mobile/M-Qube Service with or without cause, with or without notice, effective immediately, for any reason whatsoever. You agree that M-Qube shall not be liable to you or to any third party for any modification, suspension, limitation or discontinuance of the Sesame Street Mobile/M-Qube Service, except that M-Qube will refund amounts paid for content which is not distributed prior to M-Qube's discontinuation of the service.

PRIVACY POLICY
By registering for or using the Sesame Street Mobile/M-Qube Service, you acknowledge that you have read and accepted the Privacy Policy contained in our web site. You may access our Privacy Policy now.

USE OF THIS WEB SITE The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web site are either the property of, or used with permission by, M-Qube or Sesame Workshop and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

ACCURATE INFORMATION In consideration of your use of the Sesame Street Mobile/M-Qube Service, and if you elect to order the Sesame Street Mobile/M-Qube Service, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Sesame Street Mobile/M-Qube Service's order form (such information being the "Order Data"). If you provide information that is untrue, inaccurate, not current or incomplete, or if M-Qube has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, M-Qube has the right to suspend or terminate your use of the Sesame Street Mobile/M-Qube Service and any future use of the Sesame Street Mobile/M-Qube Service (or any portion of the Sesame Street Mobile/M-Qube Service).

NO RESALE OR TRANSFER OF THE SESAME STREET MOBILE/M-QUBE SERVICE Your right to use the Sesame Street Mobile/M-Qube Service is personal to you. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Sesame Street Mobile/M-Qube Service, use of the Sesame Street Mobile/M-Qube Service, or access to the Sesame Street Mobile/M-Qube Service.

TRADEMARKS Certain trademarks, trade names, service marks and logos used or displayed on this Web site are registered and unregistered trademarks, trade names and service marks of M-Qube and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web site are the registered and unregistered trademarks, trade names and service marks of their respective owners, including Sesame Workshop and its affiliates. Nothing contained on this Web site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web site without the written permission of M-Qube or such third party owner.

LINKING TO THIS WEB SITE Creating or maintaining any link from another Web site to any page on this Web site without M-Qube's prior written permission is prohibited. Running or displaying this Web site or any material displayed on this Web site in frames or through similar means on another Web site without M-Qube's prior written permission is prohibited. Any permitted links to this Web site must comply will all applicable laws, rule and regulations.

THIRD PARTY LINKS From time to time, this Web site may contain links to Web sites that are not owned, operated or controlled by M-Qube, Sesame Workshop, or their affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web site. Neither M-Qube, Sesame Workshop nor any of their affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither M-Qube, Sesame Workshop nor any of their affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web site, you do so entirely at your own risk.

DISCLAIMERS YOUR USE OF THE SESAME STREET MOBILE/M-QUBE SERVICE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE SESAME STREET MOBILE/M-QUBE SERVICE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER M-QUBE, SESAME WORKSHOP NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THE SESAME STREET MOBILE/M-QUBE SERVICE. THE MATERIALS AND SERVICES ON OR THROUGH THE SESAME STREET MOBILE/M-QUBE SERVICE MAY BE OUT OF DATE, AND NEITHER M-QUBE, SESAME WORKSHOP NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. NEITHER M-QUBE NOR SESAME WORKSHOP MAKE ANY WARRANTY THAT (I) THE SESAME STREET MOBILE/M-QUBE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SESAME STREET MOBILE/M-QUBE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SESAME STREET MOBILE/M-QUBE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OR IN CONNECTION WITH THE SESAME STREET MOBILE/M-QUBE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATION OF LIABILITY Neither M-Qube nor Sesame Workshop assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web site or your downloading of any materials, from this Web site. IN NO EVENT WILL M-QUBE, SESAME WORKSHOP, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SESAME STREET MOBILE/M-QUBE SERVICE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SESAME STREET MOBILE/M-QUBE SERVICE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE SESAME STREET MOBILE/M-QUBE SERVICE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SESAME STREET MOBILE/M-QUBE SERVICE. NEITHER M-QUBE NOR SESAME WORKSHOP SHALL BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. YOU SPECIFICALLY ACKNOWLEDGE THAT M-QUBE AND SESAME WORKSHOP ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL MATERIAL OR CONDUCT OF OTHER USERS OR THIRD PARTIES EVEN IF SUCH MATERIAL IS TRANSLATED TO AND TRANSMITTED BY VOICE BY M-QUBE, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES ON OR ACCESSED THROUGH THE SESAME STREET MOBILE/M-QUBE SERVICE.

INDEMNIFICATION Upon M-Qube's request, you agree to defend, indemnify and hold M-Qube harmless from any dispute that may arise from your breach of the Terms. You agree to hold M-Qube, Sesame Workshop, and their affiliates, employees, contractors, officers, directors, Service Providers and advertisers harmless from any and all claims and expenses, including attorney's fees and court costs, related to your violation of the Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification of M-Qube in that matter.

ENTIRE AGREEMENT These Terms and Conditions and the Privacy Policy govern your use of the Sesame Street Mobile/M-Qube Service and constitute the entire agreement between you and M-Qube. They supercede any prior agreements between you and M-Qube.

GOVERNING LAW AND ARBITRATION Any action related to the Terms and Conditions will be governed by the laws of the State of New York, U.S.A., regardless of the principles of conflicts of laws, and the United Nations Convention on Contracts for the International Sale of Goods, if applicable. Any dispute relating to the Terms shall be brought solely in arbitration in New York, before a single arbitrator using the Commercial Rules of the American Arbitration Association.

MISCELLANEOUS Any failure by M-Qube to exercise any rights or enforce any of the Terms shall not constitute a waiver of such rights or terms. If any portion of the Terms or Privacy Policy is held to be unenforceable by an arbitrator, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

YOUR CONDUCT You are solely responsible for the contents of your transmissions through the Sesame Street Mobile/M-Qube Service. Your use of the Sesame Street Mobile/M-Qube Service is subject to all applicable local, state, national and international laws and regulations. You agree: (1) not to use the Sesame Street Mobile/M-Qube Service for any illegal purpose; (2) not to use the Sesame Street Mobile/M-Qube Service in any manner that could damage, impair, disable or overburden the Sesame Street Mobile/M-Qube Service or in any way interfere with any other user's use and enjoyment of the Sesame Street Mobile/M-Qube Service; and (3) to comply with these Terms and Conditions and all other policies and procedures relating to the Sesame Street Mobile/M-Qube Service. M-Qube may, at its sole discretion, immediately terminate your membership or use of the Sesame Street Mobile/M-Qube Service should M-Qube in the exercise of its sole discretion, determine that your conduct fails to conform with these Terms and Conditions.

NOTICE We may give notice to you by means of a general notice on our web site, via electronic mail to your e-mail address on record or by written communication sent by first class mail to the address you provide to M-Qube if and when you register for our service. You may give notice to M-Qube (such notice shall be deemed given when received by M-Qube at any time) by any of the following: Electronic mail to CSSesame@m-qube.COM; and/or Letter delivered by first class postage prepaid mail to Customer Service-M-Qube at the following address: M-Qube, Inc. 311 Arsenal St., Watertown, MA 02472.

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M-Qube Privacy Policy

Privacy Policy

We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting this website you are accepting the practices described in this Privacy Notice.

M-Qube, Inc. (M-Qube) operates and provides the Sesame Street Mobile website ("Site") pursuant to an agreement with Sesame Workshop. Sesame Workshop receives and controls your customer information, and will use it in accordance with its Privacy Policy at http://www.sesameworkshop.org/aboutus/involved_privacy_policy.php.

M-Qube Policies
M-Qube will only use your customer information as necessary to provide the services that you request from us, and will not disclose your personally identifiable information to third parties except as expressly set forth below.

M-Qube does not sell the services directly to anyone who we know to be under the age of 18, nor do we collect any personally identifiable information from anyone who we know to be under the age of 18. Users who are under 18 may use this Site only with involvement of a parent or guardian and should not submit any personally identifiable information to us.

Log Data
Your IP address, operating system, browser and reference site domain name are logged every time you visit our site. This log data is used for the analysis of load information and maximizing the efficiency of our servers. We also use this data to analyze user behavior patterns. We use this information to develop a better site for our customers. M-Qube reserves the right to cooperate with law enforcement officials in the investigation of alleged unlawful activities of our customers related to electronic communication transmitted on our site. M-Qube will have no legal liability for such disclosures.

Cookies
We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses us. M-Qube uses cookies to provide features such as auto-login and to determine when customers have previously visited our site. Our cookies do not contain any personal information about you, so only M-Qube will be able to use the cookies to determine your identity. If you choose to set your browser to reject cookies, we will not be able to make auto-login functionality available to you.

Ordering from the Site When you order from the Site, we require you to provide us with your mobile phone number. We only use this information to process and fulfill your order. Confirmations of your order are sent via SMS message.

M-Qube will not use your information other than as necessary to provide the services that you request from us, and will not disclose your personally identifiable information to third parties except as expressly set forth below. M-Qube will not, for example, contact you with promotional offers or share your customer information with third parties for such purposes.

Sharing and Use of Information with Third Parties M-Qube will not sell, transfer, disclose or share with third parties personally or non-personally identifiable information collected on the Site, except in the following instances:

Sesame Workshop: We will transfer all information collected on the Site to Sesame Workshop, with whom we have an agreement to operate and host the Site, provide support and services. All information supplied to Sesame Workshop will be out of the control of M-Qube and will be governed by Sesame Workshop's privacy policy.
Third-Party Vendors: From time to time, we may engage third-party vendors to perform, on our behalf, functions necessary to provide you with the services you request from us. These third parties will only have access to information to the extent necessary and will be required not to use any personal information for any purpose other than providing such services and have agreed to maintain the confidentiality of such information.
Special Cases: We may also disclose personally identifiable information to third parties in order to comply with law or requests by law enforcement agencies, to enforce our Terms and Conditions or to protect the rights, property or safety of the Site and of Sesame Workshop, and the safety of our users.
Aggregate, Non-Personally-Identifying Data: We may share aggregate, non-individual statistical information (i.e., aggregate non-personally-identifiable Service usage information) with third parties, such as advertisers and marketing affiliates.

E-mail to a Friend Users of the Site have the opportunity to e-mail their friends and family. In order to accomplish this, they must provide to us their friend or family's e-mail address. We only use this information to send their friend or family the information they requested that their friend or family receive. We delete their friend's or family's e-mail address after we send the e-mail.

How secure is my M-Qube account information? M-Qube has security measures in place to protect the loss, misuse and alteration of your information. Only select employees and agents of M-Qube have access to this information. This information is accessed for the sole purpose of completing your order.

In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail.

Does M-Qube ensure the privacy practices of other sites to which it provides links? While we carefully select the Web site to which we link, we are not responsible for the privacy practices or the content of these Web sites.

How will I know when M-Qube changes its privacy policy? Our privacy policy is regularly reviewed to make sure we continue to serve the privacy interests of our customers. We reserve the right to change and update the privacy policy, and we will notify you of these changes by posting our new policy on our Web site. We encourage you to visit this page from time to time to ensure you are aware of any changes we may have made.

How can I contact M-Qube if I have concerns regarding my privacy? If you have questions at any time regarding our privacy policy, you may contact M-Qube by using the Customer Service link above in the HELP section. You may notify us by e-mail CSSesame@m-Qube.COM or use the following mailing address: M-Qube, Inc. 311 Arsenal St., Watertown, MA; Attention: Privacy Policy. To reach our Customer Service Department online with any questions or comments you may have, please send us an e-mail at: CSSesame@m-Qube.COM. We read every message and try to reply promptly to every one. This information is used to respond directly to your questions or comments and for no other purpose. We may also file your comments and share them with our customer care team to improve our service in the future. This Privacy Policy was last updated on 9/28/05.