This agreement ("Agreement") is a contract between you and Jawa Group LLC, which operates under the trade name CODE JAWA ("CODE JAWA"). By subscribing to one of the CODE JAWA Services offered directly by CODE JAWA or in conjunction with one of our Content Providers, or by purchasing content using CODE JAWA's system either from a web site or using your phone, you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms").
You must be at least thirteen (13) years of age to use the CODE JAWA Services. By providing information to CODE JAWA through the account registration page for new customers or any other part of the CODE JAWA site, you represent to CODE JAWA that you are 13 years of age or older. If you are between 13 and 17, you represent that you received parental permission both to subscribe to the Service.
If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not continue the registration process or attempt to access any part of the Service. CODE JAWA reserves the right to deny registration of any individual to the CODE JAWA Services and to deny access to this website to any individual.
CODE JAWA's current rates:
To the extent that a Content Provider includes downloadable mobile entertainment on his or her web site, such as ringtones, music, graphics, applications, videos, and games (collectively, the "Downloads") supported by the CODE JAWA System. You may purchase the Downloads through the CODE JAWA System.
You must have an internet-enabled, or binary data enabled, cell phone or device in order to access the CODE JAWA Downloads. You must have an SMS capable phone to receive text subscription services. You cannot subscribe to any of CODE JAWA paid subscription services if you have a prepaid phone.
CODE JAWA is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the CODE JAWA website or services. Note that in the event you do not have a data plan with your carrier, you will likely be charged extra data charges by your carrier in accordance with the rates set forth in your agreement with your carrier. We recommend that all CODE JAWA users sign up for unlimited data plans.
The Subscription Services - By registering for a Subscription Service you authorize CODE JAWA to bill the billing method selected by you (mobile phone bill, PayPal or credit card). Monthly Subscription plans are billed the Subscription fee each month until you cancel the Subscription. You can cancel the subscription at any time by sending STOP to 90101. If you cancel your Subscription for any reason, CODE JAWA will not refund any of your fees. Monthly subscribers are billed on a 30-day cycle, which begins on the first day you sign up for the subscription and ends 30 days thereafter (your "Billing Cycle"). Your billing method will be charged on the first day of each Billing Cycle. You agree that normal carrier charges (WAP, MMS, GPRS, and SMS) may apply.
You agree that if any attempt to bill you for your subscription fails for any reason, including non-payment by you or errors on the part of your mobile telephone company, CODE JAWA reserves the right to re-bill you for any outstanding fees. Credits may not be provided until billing is successful. Failure to successfully bill you may result in cancellation of your service.
Participating Carriers
Verizon Wireless, ATT/Cingular, Srint, Nextel/Boost, T-mobile, Virgin Mobile, Cincinnati Bell, Suncom
Phone and Device disclaimer:
To successfully download binary content (including pictures, video, and audio), your Internet enabled device will need to support the file format and size of content you are attempting to download. Code Jawa services deliver video that is both iPhone compatible (.MOV) as well as video that is compatible with 3GP video formats (most video enabled phones are .3GP compatible). We try any keep videos to under 1MB but our content providers may send larger files on occasion. Audio files are most commonly MP3, and Midi polyphonic. Again, we try and keep the file sizes to below 1MB. Ringtones are commonly under 600KB. You are responsible for finding out whether your phone supports the above-mentioned file formats and sizes. For additional support
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Text Message Communications - You expressly agree that, as part of the service provided by CODE JAWA, you will receive communications from CODE JAWA by text message (SMS).
Email Communications - If you provide us with your email address via text you also agree to receiving promotional and account related email communications from CODE JAWA or the content partner related to the service you opted in to via text.
Purchasing Downloads Individually - You may purchase the Downloads individually. By completing the registration process, you authorize CODE JAWA to charge the appropriate fees to the mobile phone number you provide to CODE JAWA during the registration process. You agree that standard message rates and other carrier charges (WAP, MMS, GPRS) may apply.
Right to Change Fees - All fees are subject to change upon notice from CODE JAWA. CODE JAWA will provide you with reasonable notice of such change through a service message to your device, a service email or by posting the change prominently on the website. If you do not agree to the new fees, you will have 10 days from such notice to cancel your Subscription.
Taxes - CODE JAWA reserves the right to collect applicable taxes for certain features of the Service as required by law.
Help - Text 'HELP' to 90101 for text information on your CODE JAWA Subscription Service and Vote/Quiz Services.
CODE JAWA Widgets - From time to time, CODE JAWA offers applications, including applications that may access certain information from the CODE JAWA Service or facilitate the transmission of content to or from mobile devices, including for use on other platforms, such as the Facebook Platform, (such applications and any accessible information, the "Widgets").
Full-Track Music Downloads - To the extent that CODE JAWA provides full-track music downloads to mobile and PC. Full-track downloads to PC are in the MP3 format with a minimum bit rate of 192 kbps. The format and quality for mobile full-track downloads varies depending on your handset model, and are a minimum bit rate of 64 kbps.
Subscription Service and Share Service
If you have a CODE JAWA Subscription Service, whether premium (carrying a monthly fee) or non-premium (Only std message rates and, where applicable, other carrier charges apply, you can cancel by sending a text message from your mobile device containing only the word 'STOP' to the shortcode 90101. If you have more than one CODE JAWA Subscription Service, you can cancel all of them by texting only the words 'STOP ALL' to the shortcode 90101. For certain carriers, if you text only the word 'STOP' to 90101, you will be asked which service you would like to cancel and will receive prompts instructing you on how to cancel the applicable service. You must follow the prompts to complete cancellation.
Cancellation for subscribers will take effect immediately and, where applicably, all unredeemed credits will be forfeited. Services are not pro-rated for mid-month cancellations. CODE JAWA will send you a text message confirming the cancellation. If you have any questions about cancellation please contact our customer service at .
Text Services Cancellation - To cancel all Subscription Services, send a text message with the word 'STOP' to the shortcode 90101.
CODE JAWA may assist Text Services cancellations. Requests for assistance should be submitted to CODE JAWA at . Except as set forth above with respect to inadvertent charges, in the event that your account or subscription is terminated or canceled, CODE JAWA will not refund any fees.
Termination - CODE JAWA reserves the right, at its sole discretion, to terminate your permission to access and use your CODE JAWA account and/or the CODE JAWA website for any reason at any time without notice, including in the event that CODE JAWA reasonably believes that you have breached or acted inconsistently with any provision of the Terms. You acknowledge and agree that CODE JAWA shall have no liability or responsibility to you for termination or suspension of your access or use, and that, in the event you breach these Terms, no portion of your fees will be refunded.
Disputes - Your sole right and remedy with respect to any dispute with CODE JAWA is to cancel your account. Disputes may include, but are not limited to, disputes related to or arising out of: these Terms and Conditions or any policy or practice of CODE JAWA, including its Privacy Policy, or CODE JAWA's enforcement or application of the same; the Downloads, Subscriptions, or Widgets; Your use or access to the Service or Subscriptions; and the CODE JAWA billing method or amount or type of fees, surcharges and applicable taxes or any change to the same.
By downloading and/or using the CODE JAWA Downloads or Subscription Services, you agree that CODE JAWA grants you a non-exclusive, non-transferable, revocable right to use the Downloads or Services on your compatible device for your own personal, non-commercial use only. Your use of the CODE JAWA Services means you also agree to the following acceptable use policies:
Personal, Non-Commercial Use Only - The CODE JAWA Services are for your personal, non-commercial use only. You understand and agree that you may not resell, transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service, including the Downloads, Subscriptions or Widgets. For example, you may not copy or distribute the Service, the Downloads or the Subscriptions in any manner not expressly authorized by the Service. If you want to make commercial use of the CODE JAWA Services, you must enter into an agreement with CODE JAWA to do so in advance. Please contact us for more information.
Registration and your Personal Information - In order to use certain features of CODE JAWA, you must register and provide personal information such as your name and wireless device number to CODE JAWA ("Personal Information"). CODE JAWA and its Content Providers will use your personal information only for the purposes of providing the Service or contacting you in relation to the Service.
Objectionable or Explicit Content - The Services offered by CODE JAWA in conjunction with Content Providers are comprised of content created, submitted for transmittal, and approved solely by the Content Provider consistent with the YA-17 content rating standard. CODE JAWA is not responsible for the accuracy of the content, its decency or its quality. Indeed, a particular Service may contain content or materials that you may find objectionable. CODE JAWA does not warrant, and makes no guarantee or representation, that you will not find all or part of any Download or Subscription to be objectionable. Parents should use appropriate parental discretion in determining whether you want to authorize minor children to access the service.
International Use - CODE JAWA is hosted in the United States and is intended only for use in the United States. You agree that you will use the Service only in the United States. At this time, CODE JAWA's services are not available to overseas visitors.
Intellectual Property Rights - The Downloads and the Applications made available as part of the Service are owned by CODE JAWA, its licensors, partners and affiliates and are protected by U.S. intellectual property laws. By using the CODE JAWA Services you understand and agree to abide by U.S. intellectual property laws and agree not to reproduce, modify, scrape, cache, frame, display, perform, transfer, distribute, create derivative works from, or otherwise use the Downloads, the Widgets except as authorized in this Agreement, and agree not to authorize, encourage or allow such use by any other party. You agree not to make any use of the Downloads that would infringe the copyright therein. You agree that you will take all reasonable steps to prevent any unauthorized reproduction and use of the Downloads or Widgets.
"Bots", Hacking and Other Unauthorized Use - Users of CODE JAWA may not attempt (or authorize, encourage or support others' attempts) to gain unauthorized access to any CODE JAWA Services, user accounts or computer networks through hacking, password mining or any other means, or to reverse engineer, decrypt, break or otherwise alter or interfere with the Service, including the DownloadsDownloads(or any security component of the Downloads), Widgets and the Subscriptions. You may not use any web robots (bots'), web crawlers, data-mining, or similar applications to submit, gather and extract data from, or otherwise use the CODE JAWA Services. You agree to advise CODE JAWA promptly of any such unauthorized use(s) or attempt(s). You may not interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, or act in a manner that negatively affects the ability of other users to use the Services.
Customer Support - Please direct any questions concerning the Service or any other CODE JAWA-related issue, to a CODE JAWA customer service representative by e-mail at: .
Links and Advertisements - The CODE JAWA website may contain links to and advertisements for websites operated by third parties. While we endeavor to associate only with reputable sites, CODE JAWA cannot be responsible for the availability, content or the practices, such as the privacy policy and practices, of these other sites. Your business dealings with any third-party advertisers through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that CODE JAWA and its affiliates are not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available through third party sites. Please contact those sites directly if you have any concerns about their availability, content or practices.
CODE JAWA Promotions - From time to time CODE JAWA may provide users with the opportunity to participate in promotional events sponsored by third party advertisers or affiliates. Your participation in any CODE JAWA promotional event is subject to the terms associated with that event. Your participation in these promotions and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the sponsoring third-party. You agree that neither CODE JAWA nor its affiliates shall be responsible or liable for any loss or damage of any sort incurred as the result of the promotions or as the result of the presence of such third parties on the Service.
CONTENT PROVIDERS - The CODE JAWA Services are often comprised of content developed and owned by third party content providers, such as celebrities, experts, etc. These third party content providers (Content Providers) maintain all ownership rights in the content and are solely responsible for the quality of said content.
We may from time to time offer you the opportunity to earn rewards by referring friends to subscribe to CODE JAWA Services ("Referral Program"). Participation in a Referral Program may require you to submit personal information about you and your friends, such as name and email address. By participating in a Referral Program, you agree to receive communications from CODE JAWA, and/or from our trusted partners that operate and maintain the Referral Program, with regards to your participation in the Referral Program. The following guidelines shall apply to your participation in any Referral Program:
- Rewards are limited to one per user;
- You may not submit multiple email addresses in an attempt to earn a reward or an additional reward;
- You may not participate in a Referral Program where doing so would be prohibited by any applicable law or regulations;
- Your eligibility to earn a reward will be based on your ability to make referrals that result in new CODE JAWA subscribers. Referrals to existing CODE JAWA subscribers will not count towards your eligibility to earn a reward;
- Credit for referrals can only be given out for those referrals who participate using their unique referral link;
- You agree that you will not use unsolicited bulk email to obtain referrals. You further agree that you will not induce people you do not know to sign up through use of unsolicited email, advertisement, message board solicitation, or any other means;
- You agree that you will not obtain referrals or rewards through any fraudulent means;
- You acknowledge and agree that CODE JAWA may deny reward for referrals for any reason, including if it believes, at its sole discretion, that the referrals were obtained in violation of these terms;
- You may not barter, sell or trade for referrals or offer completions;
- Rewards and other credits are non-transferable, and any attempt to transfer a reward or credit shall render the reward or credit void;
- CODE JAWA does not guarantee delivery time on any rewards earned, nor does it guarantee receipt of any rewards.
General - Your use of the Service, Downloads, Subscriptions, and Applications is under license; you will not obtain any ownership interest in any of the Services through this Agreement or otherwise.
Trademark Information - All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of CODE JAWA and/or its affiliates, licensors and/or licensees. Without CODE JAWA's prior permission, you agree not to display or use in any manner the CODE JAWA' marks.
CODE JAWA claims no ownership of Content you make publicly available on the Services, or otherwise upload, post or transmit for inclusion in publicly accessible portions of the Service. With respect to such Content, you grant CODE JAWA a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display the Content for the purpose for which such Content was submitted or made available. This license terminates when you remove (or CODE JAWA removes) such Content from the Service. You understand and agree, however, that CODE JAWA may retain copies, but not display, perform, or distribute, server copies of Content that has been deleted or removed. The license granted above with respect to Content that consists of text, messages, or user comments posted to publicly accessible areas of the CODE JAWA Website is perpetual and irrevocable. CODE JAWA may offer contests or promotions encouraging users to upload Content for judging or prizes. Content uploaded for a contest or promotion is subject to the terms of the specific contest or promotion.
Applicable Law - These Terms of Service and your use of the Service, including the Downloads and the Subscriptions, will be governed by and construed in accordance with the laws of the District of Columbia, without regard to conflicts of law principles. You expressly consent that the state or federal courts of Washington, DC shall have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms or any claim involving CODE JAWA or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers, and you hereby covenant that you will not bring suit in any other jurisdiction.
Severability of Terms - If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remainder of the Terms of Service will continue in full force and effect.
Entire Agreement - These Terms, which incorporate by reference the CODE JAWA Privacy Policy, constitute the entire agreement between the parties with respect to your use of the Service or any part thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by CODE JAWA. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
Assignment of Terms - These Terms may not be assigned by any user of CODE JAWA. These Terms may be assigned by CODE JAWA and shall inure to the benefit of CODE JAWA, its successors and assigns.
No Right of Survivorship or Transferability - You agree that your CODE JAWA account, including any optional profiles you may create, is non-transferable and any rights to your account or the contents thereof terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
CODE JAWA's Remedies - You agree that any unauthorized use of the Services, the Applications or the Downloads would result in irreparable injury to CODE JAWA and/or its affiliates or licensors for which money damages would be inadequate. In such event CODE JAWA its affiliates and/or licensors, shall have the right to immediate injunctive relief against you, in addition to other remedies available at law and in equity. Nothing contained in these Terms shall be construed to limit remedies or relief available pursuant to statutory or other claims that CODE JAWA, its affiliates and/or licensors may have, including but not limited to, any claim for intellectual property infringement. For the avoidance of doubt, the licensors of content to CODE JAWA are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you. Such licensors of content reserve all rights under law and in equity.
Indemnity - By using the CODE JAWA Services, you agree to indemnify and hold CODE JAWA, its affiliates, employees, directors, successors and assigns, harmless for any violation or against any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out your use of the Service, including the Downloads, the Applications, and the Subscriptions, your violation of these Terms, or your violation of any rights of another party.
Disclaimer of warranties - By using the CODE JAWA services you expressly understand and agree that: the CODE JAWA Services, and all downloads, materials, applications, information, products and services included in the CODE JAWA services are provided "as is" with no warranties by CODE JAWA or its agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers (the "CODE JAWA entities"). CODE JAWA and the CODE JAWA entities expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
CODE JAWA and the CODE JAWA entities disclaim any warranties that the Services, the Downloads, the Widgets, or the Subscriptions will meet your requirements, or that your access to the same will be uninterrupted or error-free. CODE JAWA and/or the CODE JAWA entities, do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Services, the Downloads or the Subscriptions with respect to the accuracy, operability, availability, security, reliability, timelines, and performance of the CODE JAWA Services. CODE JAWA disclaims any responsibility for the deletion or failure to store any content.
You understand and agree that you download or otherwise obtain material or data through the use of the CODE JAWA services at your own discretion and risk and that you will be solely responsible for any damages to your mobile phone, mobile phone service or computer system or loss of data that results from the download of such material or data. You will not hold CODE JAWA and/or the CODE JAWA entities responsible for any damages that result from you using the Services including, but not limited to, any infections or contaminations of your devices you use to access the same or to transfer downloads that may result from that use.
No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to CODE JAWA and/or the CODE JAWA entities as applicable. CODE JAWA and the CODE JAWA entities disclaim any warranties for services or goods received through or advertised on the CODE JAWA Services or received through any links provided by the CODE JAWA Services.
Limitation of liability - under no circumstances, shall CODE JAWA and/or the CODE JAWA entities as applicable, be liable for any unauthorized use of the Services, the Downloads and/or the Subscription.
Under no circumstances, including, but not limited to, negligence, shall CODE JAWA or the CODE JAWA entities be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use of, reliance on, or the inability to use, the Downloads or Services, or from the interruption, non-performance, suspension, or termination of the CODE JAWA Services (including such damages incurred by third parties), or for any damages in excess of the amount paid for the specific item of content giving rise to the applicable claim for damages, even if CODE JAWA and/or the CODE JAWA entities as applicable, have been advised of the possibility of such damages.
This limitation shall also apply with respect to damages incurred by reason of advice, information, services or goods received through, or advertised on the CODE JAWA Services or received through any links provided in the CODE JAWA Services.
Without limiting the foregoing, CODE JAWA or its licensors shall not be liable for any delay, interference or failure in performance resulting directly or indirectly from acts or conditions beyond its reasonable control, including without limitation, fire or other casualty or accident, internet failures, telephone equipment failures, acts of god, severe weather conditions, war or other violence, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency.
Exclusions and limitations - some states or other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
CODE JAWA respects the intellectual property rights of others. CODE JAWA may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be repeat copyright infringers. If you believe that your work has been used in a way that constitutes copyright infringement, please send notice to CODE JAWA, including the following information:
- an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Copyright Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
9120 Persimmon Tree Road
Potomac, MD 20854
T: (301) 767-1914
CODE JAWA may modify or terminate its Services from time to time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these Terms of Service by updating this posting. Please review these Terms of Service from time to time so that you will be apprised of any changes. Use of this service following a change to the Terms of Service constitutes agreement to the new Terms. If you cannot comply with the amended Terms, your only remedy is to cancel your CODE JAWA Subscription and/or not use the Services.