Article 1 – About These Terms
1.1 The website located at mypengomobile.com (the “Website”) is operated by MyPengo Mobile USA Inc. (together with its subsidiaries and affiliated entities, “MyPengo”), with its principal office at 300 Cadman Plaza West, Brooklyn, NY 11201, United States of America.
1.2 These General Terms and Conditions, together with our Privacy Policy and Winner Selection Terms (collectively, the “Terms and Conditions”), which are available on the Website, govern your use of the Website. They also apply to, and form part of, every offer for digital and other services that MyPengo delivers through the network of your mobile carrier (the “Carrier”) under a subscription you have signed up for (a “Mobile Subscription”). MyPengo’s online services include games and text messages sent over the Carrier’s network, including by Short Message Service (“SMS”), General Packet Radio Service (“GPRS”) and/or third-generation (“3G”) services, to your mobile phone (each a “Message”). Content Services are available either as single downloads or, under a Mobile Subscription, as a bundle of credits that can be redeemed for a set number of downloads.
1.3 The Terms and Conditions apply from the moment you use the Website or start a Mobile Subscription. By doing either, you confirm that you accept and agree to be bound by them.
1.4 MyPengo may update the Terms and Conditions from time to time by giving you reasonable notice and/or by posting the updated version on the Website. If you continue to use the Website and/or your Mobile Subscription after an update, you accept and agree to be bound by the revised Terms and Conditions. If you do not agree with them, please do not use the Website or any Mobile Subscription.
Article 2 – Charges
2.1 Charges for Mobile Subscriptions (the “Charges”) are billed by your Carrier.
2.2 Depending on the type of Message and the terms of your plan with your Carrier, you may be charged for each Message you send or receive. For example, your Carrier’s standard text messaging rates apply to all SMS messages sent and received in connection with the Content Service and/or Mobile Subscription, in addition to any charges for accessing the Content Services or the Mobile Subscription itself. Message and data rates may apply.
Article 3 – Cancellation
3.1 You may cancel the Service only in one of the following ways:
- Contact our customer care team by email at info@mypengomobile-us.com.
3.2 Your Mobile Subscription is considered cancelled only once you receive a text message confirming the cancellation.
3.3 To the extent permitted by law, MyPengo accepts no liability to you or any third party in connection with the cancellation or termination of the Service.
Article 4 – Intellectual Property and Permitted Use
4.1 All rights, title and interest in and to the Services and the Website, including copyrights, patents, trademarks, designs, models and any other intellectual property, belong to MyPengo or to its affiliates, suppliers or licensors.
4.2 Unless MyPengo expressly states otherwise, you may not copy, reproduce, modify, adapt, create derivative works from, distribute, sell, license, transfer, display, republish, broadcast, transmit, post, download, decompile, disassemble, reverse engineer, make publicly available or otherwise use any content on the Website or in the Services, or any part of the intellectual property in them, without MyPengo’s prior written permission.
4.3 You agree to indemnify, and keep indemnified, MyPengo and its directors, employees, suppliers and licensors against all losses, damages, actions, claims, demands, liabilities and costs (including legal fees) brought against or suffered by them as a result of your breach of, or failure to comply with, your obligations, undertakings or warranties under these Terms and Conditions, including any infringement of the intellectual property rights of MyPengo or third parties, or otherwise arising from unauthorized use of the Website or the Services.
Article 5 – Limitation of Liability
5.1 You use the Services and the Website entirely at your own risk. Although MyPengo works to keep the Website and Content Services running without interruption, MyPengo does not represent or warrant that the Website or Services will meet your needs, or that downloading, receiving or accessing them will be uninterrupted or free of errors.
5.2 You acknowledge that, with mobile telecommunications services, the ability to connect, stay connected and the quality of the connection can vary by time and location. The Services may be negatively affected or temporarily unavailable due to physical obstacles (such as tunnels, mountains or buildings) or due to changes or maintenance on the Carrier’s network.
5.3 If at any time you cannot use the Services without interruption because of a problem accessing or using a mobile network, you will not be entitled to a discount or refund.
5.4 To the maximum extent permitted by law, MyPengo disclaims all warranties of any kind and all liability for any damage, including but not limited to infection or corruption of your hardware and/or software, arising from accessing the Website or using the Services, including downloaded Services and the hardware and software required to connect. You are responsible for taking your own precautions to prevent such incidents.
5.5 The content of the Website has been prepared with great care. However, MyPengo cannot guarantee its nature or accuracy and is not liable for any errors, inaccuracies, misunderstandings, delays or unclear transmission of orders or communications resulting from use of the internet, or for the content of the Website.
5.6 You may not use the Content Service or the Website to send, transmit or post any Message, information, software, images or other material that is infected or corrupted, unlawful, harmful, threatening, obscene, degrading, defamatory, hateful, invasive of privacy or otherwise objectionable.
5.7 You must be at least 18 years old to use the Services or sign up for a Mobile Subscription. If you are not the person responsible for paying the mobile phone bill issued by your Carrier, or if you are under 18, you must obtain permission from the bill payer (for example, a parent, guardian or employer) before registering for or taking part in the Service or a Mobile Subscription. By registering for or taking part in the Service or a Mobile Subscription, you confirm to MyPengo that you have obtained the necessary permission from the account holder.
5.8 The Website may include links to websites run by parties other than MyPengo. These links do not mean that MyPengo endorses the material on those sites or is associated with their owners or operators. Links are provided solely for your convenience, and you use them entirely at your own risk.
5.9 Use of the MyPengo Services, the Agreement and the Website is governed by the laws of the country in which the campaign is run. If MyPengo fails to exercise or enforce any right or provision of these Terms and Conditions, this does not waive that right or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions invalid, the parties agree that the court should give effect, as far as the law allows, to the parties’ intentions as reflected in that provision, and the remaining provisions will stay in full force and effect.
Article 6 – Use of Your Data
6.1 MyPengo collects and processes certain personal information and usage data relating to you.
6.2 MyPengo processes your data only in line with its Privacy Policy, which you can view and download on the Website, and complies with the applicable privacy laws and regulations. As an international business, MyPengo and its affiliates increasingly operate across national borders.