SUSCRIPCION DE ALERTAS LO2YO
2.
ÀC—mo me
registro al servicio de Lo2Yo?
3.
ÀPuedo
usar Lo2Yo con cualquier compa–’a te telŽfonos celulares?
4.
ÀCu‡nto cuesta el servicio?
5.
ÀSi no me
gusta el servicio que solicitŽ, me regresan mi dinero?
6.
ÀCu‡ndo me
cobran lo que ped’?
7.
ÀC—mo
cancelo una suscripci—n?
8.
ÀC—mo me
puedo comunicar con ustedes?
Lo2Yo te ofrece
crŽditos en un servicio de suscripci—n para alertas de contenido a tu telŽfono
celular. El plan de suscripci—n te ofrece la opci—n mensual para recibir 12
alertas por $5.99 y $6.99 mensuales m‡s cargos de Msg&data pueden aplicar.
Para suscribirte, debes estar de acuerdo
con los TŽrminos y Condiciones del Servicio y ser‡s responsable por cargos adicionales de mensajer’a y transporte
de datos cobrados por tu operadora de servicio celular.
Si deseas cancelar el servicio, lo
puedes hacer enviando el mensaje de texto ÒSTOPÓ al nœmero 35000,
tambiŽn lo puedes hacer directamente llam‡ndonos al nœmero gratis
1-866-452-8235.
La suscripci—n se renovar‡ autom‡ticamente
todos los meses hasta que la canceles. Para descargar contenido necesitas un
plan de datos (acceso a Internet) con tu operadora celular. Todos los cargos
aparecer‡n en tu factura de telŽfono celular, o en caso de servicio pre-pago
ser‡n deducidos de tu saldo de pre-pago.
Para suscribirte, debes estar de acuerdo
con los TŽrminos y Condiciones
del Servicio y ser‡s responsable por cargos
adicionales de mensajer’a y transporte de datos cobrados por tu operadora de
servicio celular.
Para registrarte en los servicios de
suscripci—n de alertas de texto Lo2yo, debes enviar la palabra clave del
servicio a activar al 35000 desde tu telŽfono m—vil y inmediatamente recibir‡s
un mensaje de texto confirmando tu suscripci—n. Ejemplo: Env’a POEMA al 35000
ÀPuedo usar Lo2Yo con cualquier compa–’a te telŽfonos celulares?
Los servicios de Subscripci—n de Text
Alerts Lo2Yo solo est‡n disponibles para AT&T, Sprint, T-Mobile,
Verizon Wireless, Claro, Centenial, Alltel, Nextel, Boost, Us cellular cuestan
$6.99 al mes por 12 mensajes.
Los servicios de descargas de ringtones
(binarios) solo est‡n disponibles para
AT&T, Sprint, Claro, Centenial y T-Mobile y tienen un costo de $1.99 por
descarga
Cargos de Msg & Data pueden aplicar.
Los cargos aparecer‡n en tu factura de telefon’a m—vil o ser‡n descontados de
su cuenta prepago. Debes ser el titular de la cuenta o autorizado por el mismo
para suscribirte. Este servicio es una suscripci—n que ser‡ renovada una vez al
mes. Reply STOP al 35000 para cancelar el servicio, o reply HELP al 35000 para ayuda con el servicio. M‡s informaci—n escr’benos a info@latcel.com o llama al
18664LATCEL. Uso solo para entretenimiento, solo para mayores de 18 a–os.
Restricciones aplican. Ni–os menores de 18 a–os necesitaran el permiso de sus
padres para usar este servicio.
El plan de suscripci—n te ofrece
la opci—n mensual de 12 alertas de contenido por $5.99 y $6.99 mensuales. Ser‡s
responsable por cargos adicionales de mensajer’a y transporte de datos cobrados
por tu operadora de servicio celular. La suscripci—n se renovar‡
autom‡ticamente todos los meses hasta que lo canceles.
Una vez recibido un servicio, no hay
devoluciones. Sin embargo puedes usar la p‡gina web del servicio para
instrucciones de c—mo cancelar la suscripci—n.
Todos los cargos aparecer‡n en tu
factura de telŽfono celular, o en caso de servicio pre-pago ser‡n deducidos de
tu saldo de pre-pagado.
Si deseas cancelar el servicio, lo
puedes hacer enviando el mensaje de texto ÒSTOPÓ al nœmero 35000,
tambiŽn lo puedes hacer directamente llam‡ndonos al nœmero gratis
1-866-452-8235.
Nos puedes enviar un correo electr—nico
a info@latcel.com o llamarnos al nœmero gratis 1-866-4528235.
TERMS OF USE ("Terms")
WELCOME TO LO2YO.com ("Site") which is operated by Latino
Cellular, LLC ("LatCel" or "Company") and materials on the
Site are owned by LatCel or by third parties and posted on the Site by virtue
of a license, grant or some other form of agreement between LatCel and the
third party. These Terms of Service ("Terms") constitute a legal
agreement ("Agreement") between you and LatCel; please read them
carefully. By completing the registration process on our Site or any successor
website thereto OR by downloading mobile content to a mobile device (each a
"Download"), you (1) represent that you are at least 7 years of age
and have the consent of the subscriber of a participating mobile communications
carrier to sign-up for and use the Lo2Yo Service on behalf of the subscriber;
and (2) agree on behalf of the subscriber and yourself to be bound by these
terms and conditions of this Agreement. If you access the Service through
another website, please review these terms and conditions on that website or
other posted guidelines as they may apply to your use. Any questions or
comments regarding, or problems with, this Site should be sent to the Site
Administrator at info@latcel.com.
In this Agreement, "you" and "your" refer to
each customer (including the subscriber of a participating mobile
communications carrier on whose behalf you are entering into this Agreement)
and his or her agents, and "we", "us" and "our"
refer collectively to LatCel and Lo2Yo.com. This Agreement explains our
obligations to you, and your obligations to us in relation to the Lo2Yo
Service.
Company reserves the right to modify these Terms, in whole or in
part, at any time. Changes to these Terms will be effective when posted. Your
use of the Site, your subscription to a new Subscription Plan and/or if you
maintain your existing Subscription Plan shall evidence your acceptance of the
changes to these Terms and shall constitute your agreement to be bound thereby.
1. Description of Lo2Yo Service
LatCel provides downloadable mobile entertainment content, such
as ringtones, games, graphics, news and other information data via the
Internet, SMS, MMS, WAP, BREW, IVR and other means of mobile content delivery
to certain compatible mobile devices (the "Service" or the
"Lo2Yo Service"). You acknowledge and agree that the Service is for
your personal use on the mobile device designated during the Download or
Registration. You agree that you may not transmit, broadcast, upload to any
computer or mobile device, create derivative works of, or make commercial use
of the Service, including, but not limited to, any Download(s). You may not, or
attempt to (or otherwise authorize, encourage or support others' attempts to)
circumvent, re-engineer, decrypt, break or otherwise alter or interfere with
the Service, including, but not limited to, any Download(s). Please note that the
Lo2Yo Service is not compatible with all mobile devices. Please check our Web
Site for details concerning content availability for certain devices.
2. Registration and Access to Service
a.
Access to the Service. In order to use the Service, you
must have a mobile communications subscription with a participating carrier or
otherwise have access to a mobile communications network for which LatCel makes
the Service available (e.g. a prepaid plan) as well as any carrier services
necessary to download content (access to your carrier's data plan), and pay any
service fees associated with any such access. In addition, you must provide all
equipment and software necessary to connect to the Service, including, but not
limited to, a mobile handset or other mobile access device that is in working
order and suitable for use in connection with the Service. You are responsible
for ensuring that your equipment and/or software do not disturb or interfere
with LatCel's operations. Any equipment or software causing interference shall
be immediately disconnected from the Service and Company shall have the right
to immediately terminate this Agreement. If any upgrade in or to the Service
requires changes in your equipment or software, you must effect these changes
at your own expense. Unless explicitly stated otherwise, any new or additional
features that augment or enhance the current Service, including the release of
new products and services, shall be subject to the terms and conditions of this
Agreement.
b.
Subscription Plans and Individual Downloads. When you sign
up for a Subscription Plan, purchase Individual Downloads or use the Service in
any way, standard messaging rates and the terms and conditions of your carrier
service agreement will apply. Please note that the Service and/or Individual
Downloads may not be available for use on all mobile devices. Check with your
carrier service provider for details. If you Download an item of content that
is not supported for use on your mobile handset, LatCel will offer such content
in a comparable format. (ii) Individual Downloads. Company may offer through its
service individual Downloads for one-time non-recurring charges
("Individual Downloads"). The price by content type for Individual
Downloads, if any, will be listed on the Lo2Yo FAQ (ÒAyudaÓ) page. The details
of the Individual Downloads are incorporated into this Agreement by this
reference and form a part of this Agreement. All terms and conditions of this
Agreement shall govern any Individual Downloads.
c.
Registration Data. If you opt to register for the Service,
you do so on our Site. If you register for the Service, you agree to: (i) provide
true, accurate and complete information about yourself as prompted by the
registration form ("Registration Data") and (ii) maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If Company has reasonable grounds to suspect that the Registration
Data is untrue, inaccurate or incomplete, Company has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof). You acknowledge and agree that we may send
you important information and notices regarding your account and our Services.
You acknowledge and agree that we shall have no liability associated with or
arising from your failure to maintain accurate Registration Data, including,
but not limited to, your failure to receive critical information about the
Service or your account. You further agree that we (ourselves or through third
party service providers) are authorized to verify such Registration Data.
d.
Username and Password. If you opt to register for the
Service on our Site, you may be required to establish an account and obtain a
username and password. You authorize us to process any and all account
transactions initiated through the use of your username and password. You are
solely responsible for maintaining the confidentiality of your username and
password and must immediately notify us of any unauthorized use of your
username and password. You acknowledge and agree that you are responsible for
any unauthorized activities, charges and/or liabilities made through the use of
your username and password. In no event will Company be liable for the
unauthorized use or misuse of your username and/or password. Company may need
to change usernames allocated to certain of its Services and reserves the right
to do so. You will be informed if this is necessary.
e.
Access without Registration. Company may provide you with
access to some Services without you registering as a user, such as sign-up via
SMS or via Individual Download purchases. In each such case your identification
is based on means of identification that we deem appropriate, such as your
mobile telephone number.
f.
License to Download(s). You acknowledge and agree that the
Download(s) made available as part of the Service are owned by Company, its
affiliate and/or licensors, as applicable, and are protected by intellectual
property laws. Company hereby grants, and you hereby accept, a limited,
non-exclusive, non-transferable, revocable right and license to download and
use the object code version of the Download(s) and the Service on a designated
compatible mobile device solely for your own personal non-commercial use. You
further acknowledge and agree that you may not reproduce, duplicate, modify,
perform, transfer, post, distribute, sell, create derivative works of or
otherwise use or make available the Download(s) except as expressly provided in
this Agreement. No license is granted to you by this Agreement in the human
readable code, known as the source code, of the mobile content downloaded on
your mobile device, and no rights are granted to you by this Agreement in any
patents, copyrights, trade secrets, trademarks or any other rights in respect
of the mobile content downloaded on your mobile device. 3. Privacy
See LatCel's Privacy Policy for an explanation of our collection
and use of personal information under this Agreement.
4. Indemnification
You agree to release, indemnify, defend and hold harmless
LatCel, its parent companies, subsidiaries, and affiliates, together with their
respective officers, directors, shareholders, contractors, agents, employees,
licensors and assigns from and against all liabilities, claims, damages, costs
and expenses (including reasonable attorneys' fees and costs) arising out of or
in connection with (a) your use of the Site and its Service; (b) your failure
to use the Site; (c) your breach or alleged breach of this Agreement; (d) your
breach or alleged breach of the copyright, trademark, proprietary or other
rights of third parties , and (e) the breach by you of your representations and
warranties set forth herein.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE,
INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY AT YOUR OWN RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR
LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD. YOU AGREE THAT THE SERVICE
IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT
AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT COMPANY
SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION,
SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES THAT
THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH
INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED,
YOU AGREE THAT COMPANY'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR
OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH
RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS
AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING THE
TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE
RESTRICTED, COMPANY, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES
PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT
THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
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 intangible property which are used, developed, comprising,
embodied in, or practiced in connection with any of the Service ("Company
Intellectual Property Rights") are owned by Company or its licensors, and
you agree to make no claim of interest in or ownership of any such Company
Intellectual Property Rights. You acknowledge that no title to the Company
Intellectual Property Rights is transferred to you, and that you do not obtain
any rights, express or implied, in the Service, other than the rights expressly
granted in this Agreement.
7. Fees
The amount of the periodic fees for the Subscription Plan to the
Service are identified and available as described above in Section 2(b). You
agree to pay your mobile device operator the periodic 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 Company. Company will provide you with
reasonable notice of such change. If you do not accept the new fees (which will
be applicable on a prospective basis only), you will have fourteen (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.
8. Termination and Cancellation of Services
To cancel your Subscription Plan, send a text message with the
text "STOP" to 35000, or such other number as may be designated on
our Site, or go to "Mi Cuenta" after you input your cell phone number
and password on the Website, send an e-mail to info@latcel.com or contact
1-866-4LATCEL. The termination shall become effective immediately but you will
still be liable for any new fees that were not cancelled within the time period
specified in Section 7 of this Agreement.
You agree that Company, at its sole discretion, may at any time
terminate your use of the Service and Subscription Plan or individual services
provided via the Service, if Company believes that you have violated or acted
inconsistently with this Agreement. You further agree that Company has the
right to immediately terminate your use of, or access to, this Site at any time
if Company decides at its sole discretion that you have breached any term or
condition of this Agreement or any relevant law, rule or regulation or you have
engaged in conduct that LatCel considers to be inappropriate or unacceptable.
You agree that upon termination of your access to the Service
under any provision of this Agreement, Company may immediately deactivate or
delete your account and all related information and files in your account
and/or bar any further access to such files or the Service. Further, you agree
that Company shall not be liable to you or any third party for any termination
of your access to the Service. If you cancel your account or Subscription Plan
for any reason, Company will not refund any of your fees paid to date, except
as expressly provided in this Agreement.
9. Miscellaneous Provisions
a.
Notices And Announcements. Except as expressly provided
otherwise herein, all notices to Company shall be in writing and delivered via
overnight courier or certified mail, return receipt requested to:
Latino Cellular, LLC Our customer service department can be reached at
1-866-4LATCEL or info@latcel.com.
Company shall 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 Company 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 weekday following
the day when they were posted or sent.
b.
Copyright Infringement: Latino Cellular, LLC
c.
Severability. This Agreement operates to the fullest
extent permissible by law. If any provision of this Agreement is unlawful, void
or unenforceable that provision is deemed severable from this Agreement and
does not affect the validity and enforceability of any remaining provisions.
d.
Entire Agreement. You agree that this Agreement constitutes
the entire, complete and exclusive agreement between you and us regarding the
Service and supersedes all prior agreements and understandings, whether written
or oral, or whether established by custom, practice, policy or precedent, with
respect to the subject matter of this Agreement.
e.
Assignment And Resale. Except as otherwise set forth
herein, your rights under this Agreement are not assignable or transferable.
You agree not to resell the Service or any portion thereof.
f.
Governing Law. This Agreement is governed in all respects
by and construed in accordance with the laws of the State of Florida without
given effect to any principles of conflicts of law. You agree to submit to the
exclusive jurisdiction of the courts of the State of Florida, Miami Dade County
or, if appropriate, the United States District Court for the Central District
of Florida for any resolution of any dispute, action or proceeding arising in
connection with this Agreement or your use or non-use of the Site, and you
further irrevocably waive any right you may have to trial by jury in any such
dispute, action, or proceeding. The application of the United Nations
Convention of Contracts for the International Sale of Goods is expressly
excluded.
g.
Waiver. No waiver of any provision of this Agreement shall
be effective unless it is in writing and signed by an authorized representative
of Company. The remedies of Company under this Agreement 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 performance of any obligations of the other party
hereunder shall not affect its right to enforce any provision of this Agreement
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.
h.
Survival. In the event this Agreement terminates as
provided herein, Sections 2(b), 2(d), 2(f), 4, 5, 6 and 9 of this Agreement
shall survive such expiration or termination.
Effective Date: August 20, 2007
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