Effective October 29, 2009
Thanks for using Thumbplay! This agreement ("Agreement") is a contract between you and Thumbplay, Inc. ("THUMBPLAY" or "Thumbplay"). By visiting or using the THUMBPLAY web site (www.thumbplay.com), using the Thumbplay Widgets or by completing the registration process to use the THUMBPLAY Transactional or Subscription services (collectively, the "Services" or "THUMBPLAY Services"), you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms"). Notwithstanding the foregoing, your use of the Thumbplay Music Store™ software application is governed by the Thumbplay Music Store Terms and Conditions.
You must be at least thirteen (13) years of age to use the THUMBPLAY Services. By providing information to THUMBPLAY through the account registration page for new customers or any other part of the THUMBPLAY site, you represent to THUMBPLAY 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 complete the registration process and to download content to your cell phone.
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. THUMBPLAY reserves the right to deny registration of any individual to the THUMBPLAY Services and to deny access to this website to any individual.
The THUMBPLAY Services include downloadable mobile entertainment, such as ringtones, music, graphics, applications, videos, and games (collectively, the "Downloads"). You may purchase the Downloads through the Thumbplay Subscription Service where you will receive multiple Downloads according to a specified schedule ("Subscription" or "Subscription Service"). You may also purchase some Downloads individually ("Transactions" or "Transactional Service"). Note that some Downloads may not be purchased using the Transactional Service and some Downloads, are only available for purchase using the Transactional Service. Once fully registered and after making payment or being subscribed to the Service, you will be permitted to download to compatible devices the Downloads you requested.
You must have an internet-enabled cell phone or device in order to access the THUMBPLAY Services, including Subscription and Transactional Services. Message and data rates and taxes may apply to any content you obtain from THUMBPLAY. THUMBPLAY is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the THUMBPLAY 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. Thumbplay recommends that all THUMBPLAY users sign up for unlimited data plans.
The Subscription Services – By registering for a Subscription Service you authorize your mobile network provider to bill (your mobile phone bill for the monthly subscription fee or deduct such fee from your prepaid balance). In the event another billing method is made available to you during the registration process for the Subscription Service (such as payment by credit card or PayPal, when available), and you select such billing method, you authorize THUMBPLAY to bill such billing method for the monthly subscription fee. If you do not select a billing method or if a billing method selection is not made or available to you, the default billing method is billing on your mobile phone bill or deducted from your prepaid balance. Monthly Subscription plans are billed the Subscription fee each month until you cancel the Subscription. 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 typically be charged on the first day of each Billing Cycle. You agree that message and data rates may apply. Unused Credits do not roll-over to the next month.
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 credit card or mobile telephone company, your mobile network provider may re-bill you for any outstanding fees(or, if you select a billing method other than mobile phone bill or deducted from your prepaid balance, when available, you authorize THUMBPLAY to re-bill you for such outstanding fees). Subscription credits may not be provided until billing is successful.
Text Message Communications – You expressly agree that, as part of the service provided by THUMBPLAY, you will receive communications from THUMBPLAY by text message (SMS), including our promotional newsletters from time to time. You may stop receiving promotional text messages by clicking here, or following the opt-out instructions in the text message. You may not opt out of service-related text messages. You may receive your password confirmation text message multiple times until you complete the sign-up process. If you would like to stop receiving the password confirmation text messages, please email us at passwordsms@thumbplay.com.
Email Communications – You also agree to receive promotional and account related email communications from Thumbplay. You may unsubscribe from promotional email communications by unsubscribing here.
Purchasing Downloads Individually – You may be offered the opportunity to purchase certain of the Downloads individually as part of the Transactional Service. By completing the registration process, you authorize your mobile network provider to apply the appropriate fees to your mobile phone bill. In the event you select billing by credit card (if available) or other billing method (e.g., PayPal) during the individual Download purchase process, you authorize THUMBPLAY to bill the applicable fees to such billing method. If the Transactional Service is not offered to you, you will only be offered the opportunity to register for the Subscription Service in order to purchase Downloads. If you do not select a billing method or if a billing method selection is not made or available to you, the default billing method is billing on your mobile phone bill or deducted from your prepaid balance. You agree that message and data rates may apply.
Right to Change Fees – All fees are subject to change upon notice from THUMBPLAY (with respect to fees billed to your credit card or PayPal account) or your mobile network provider (with respect to fees billed to your mobile phone bill). If you do not agree to the new fees, you will have 10 days from such notice to cancel your Subscription.
Taxes – THUMBPLAY reserves the right to collect applicable taxes for certain features of the Service when fees are billed using your credit card or PayPal. If fees are billed to your mobile phone bill, your mobile network provider reserve the right to collect applicable taxes for certain features of the Service.
Expiration of License – THUMBPLAY's rights to make available certain Downloads to you may expire. In such event, THUMBPLAY will cease delivering a playback license to you after the end of the period in which such rights expire. You may contact customer support at support@thumbplay.com to receive replacement credit in the event your Download expires.
Help – Text 'HELP' to 48000 for text information on your THUMBPLAY Subscription Service. Text 'HELP' to 21453 for text information on your Thumbplay Transactional Service.
Thumbplay Widgets – From time to time, Thumbplay offers applications , including applications that may access certain information from the Thumbplay 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 – Thumbplay 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
If you have the Thumbplay Subscription Service, you can cancel by sending a text message from your mobile device containing only the word(s) 'STOP' or 'STOP SUB' to the shortcode 48000.
For AT&T users signing up for the Subscription Service via Thumbplay's WAP site, the instructions above may be also be implemented with respect to the shortcode 1021.
Cancellation for subscribers will take effect immediately and all unredeemed credits will be forfeited. Services are not pro-rated for mid-month cancellations. THUMBPLAY will send you a text message confirming the cancellation. If you have any questions about cancellation please contact our customer service at support@thumbplay.com.
Share Service – The THUMBPLAY Share Service has been discontinued. As of June 29th, 2009, user data stored as part of the Share Service is no longer available. THUMBPLAY assumes no liability with respect to information uploaded by users, or loss of information caused by user's failure to backup personal data as part of the Share Service. If you have any other questions regarding the THUMBPLAY Share Service, please contact a customer service representative by e-mail at: support@thumbplay.com.
Termination – THUMBPLAY reserves the right, at its sole discretion, to terminate your permission to access and use your THUMBPLAY account and/or the THUMBPLAY website for any reason at any time without notice, including in the event that THUMBPLAY reasonably believes that you have breached or acted inconsistently with any provision of the Terms. You acknowledge and agree that THUMBPLAY shall have no liability or responsibility to you for termination or suspension of your access or use.
Disputes – Your sole right and remedy with respect to any dispute with THUMBPLAY 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 THUMBPLAY, including its Privacy Policy, or THUMBPLAY's enforcement or application of the same; the Services your use or access to the Services; and the THUMBPLAY billing method or amount or type of fees, surcharges and applicable taxes or any change to the same.
By downloading and/or using the THUMBPLAY Services, you agree that THUMBPLAY grants you a non-exclusive, non-transferable, revocable right to use the THUMBPLAY Services on your compatible device for your own personal, non-commercial use only. Your use of the THUMBPLAY Services means you also agree to the following acceptable use policies:
Personal, Non-Commercial Use Only – The Thumbplay 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 Services, including the Downloads, Subscriptions, and Widgets. For example, you may not copy or distribute the Downloads, Subscriptions or, Widgets in any manner not expressly authorized by Thumbplay. If you want to make commercial use of the THUMBPLAY Services, you must enter into an agreement with THUMBPLAY to do so in advance. Please contact us for more information. Use of non-ringtone Downloads (i.e., full-track Downloads) as a musical "ringer" is strictly prohibited. In any event, you understand and acknowledge that your rights with respect to the Downloads, Subscriptions, or Widgets will be limited by copyright law and other applicable laws.
Registration and your Personal Information – In order to use certain features of THUMBPLAY, you must register and provide personal information such as your name and wireless device number to THUMBPLAY ("Personal Information"). THUMBPLAY will use your personal information in accordance with its Privacy Policy. Please review the Privacy Policy before you complete the registration process or attempt to use any part of the Service. For additional information regarding THUMBPLAY's collection, use and disclosure of your personal information, please refer to THUMBPLAY's Privacy Policy, a copy of which is available at Privacy Policy.
Objectionable or Explicit Content – THUMBPLAY may contain content or materials that you may find objectionable. THUMBPLAY 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 – THUMBPLAY 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, THUMBPLAY's services are not available to overseas visitors.
Intellectual Property Rights – The Downloads, Widgets and Applications made available as part of the Service are owned by THUMBPLAY, its licensors, partners and affiliates and are protected by U.S. intellectual property laws. Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trade secrets, trademarks or other intellectual property rights relating to or in the Downloads, Widgets, or any accompanying documentation. By using the THUMBPLAY 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 Services 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 Services 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. All rights not expressly granted to you under this Agreement are reserved by Thumbplay.
"Bots", Hacking and Other Unauthorized Use – You will not use the Downloads, Subscriptions, Widgets, or other Services to engage in or allow others to engage in any illegal activity. Users of THUMBPLAY may not attempt (or authorize, encourage or support others' attempts) to (i) gain unauthorized access to any THUMBPLAY Services, user accounts or computer networks through hacking, password mining or any other means, or to reverse engineer, decompile, decrypt, break, disassemble, derive the source code of, modify, or create derivative works from; or (ii) unlawfully use, copy, modify, alter, or transfer, electronically or otherwise; or (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to, whether in a stand-alone configuration or as incorporated with other software code written by any party except as expressly permitted in these Terms; (iv) decrypt, break or otherwise alter or interfere with the Service, including the Downloads (or any security component of the Downloads), Widgets or, 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 THUMBPLAY Services. You agree to advise THUMBPLAY 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.
You will not use the Services to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.
You will not transfer the Services, or utilize the Services in combination with third party software authored by you or others to create an integrated software program which you transfer to unrelated third parties.
Customer Support – Please direct any questions concerning the Service or any other THUMBPLAY-related issue, to a THUMBPLAY customer service representative by e-mail at: support@thumbplay.com.
Content Guidelines – All information, text, audio/video materials, messages, tags, or other materials submitted to THUMBPLAY (collectively, 'Content'), whether publicly posted or privately transmitted, are the sole responsibility of the person originating the Content. You acknowledge and agree that you are solely responsible for any and all Content that you upload, transmit, post, or otherwise make available on the THUMBPLAY website or through the THUMBPLAY service. THUMBPLAY does not control Content made available by users, and does not guarantee the accuracy, integrity, or quality of such Content. You acknowledge and agree that by accessing the THUMBPLAY website, you may be exposed to Content that you find offensive, indecent, or otherwise objectionable. THUMBPLAY shall not be liable for any loss or damage of any kind incurred as a result of the use, uploading, or otherwise making available of any Content on the service. You agree that you bear all risk associated with the use of any Content, including reliance on the accuracy, usefulness, or completeness of any Content.
You acknowledge and agree that THUMBPLAY may or may not pre-screen Content, and that THUMBPLAY shall have the right, but not the obligation, to pre-screen, refuse, move, or remove any Content available by or through the service, at its sole discretion.
You agree that you will not use the Thumbplay Services to:
Links and Advertisements – The THUMBPLAY website contains links to and advertisements for websites operated by third parties. While we endeavor to associate only with reputable sites, THUMBPLAY 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 THUMBPLAY 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.
Thumbplay Promotions – From time to time THUMBPLAY may provide users with the opportunity to participate in promotional events sponsored by third party advertisers or affiliates. Your participation in any THUMBPLAY 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 THUMBPLAY 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.
We may from time to time offer you the opportunity to earn rewards by referring friends to subscribe to Thumbplay ("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 Thumbplay, 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:
We reserve the right to modify or amend at any time these guidelines and the methods through which rewards are earned. We reserve the right to disqualify you at any time from participation in a Referral Program if you do not comply with any of these guidelines. All information collected from you in a Referral Program shall be subject to the THUMBPLAY privacy policy which can be found at http://www.thumbplay.com/go/privacypolicy.
General – Your use of the Services is under license; you will not obtain any ownership interest in any of the Services through this Agreement or otherwise. All content in the Service or on the THUMBPLAY website, such as the, Downloads, Subscriptions, Widgets, text, graphics, logos, button icons, images, data compilations, and software, is the property of THUMBPLAY or its content suppliers and protected by United States and international copyright and other intellectual property laws. The compilation of all content on this site is the exclusive property of THUMBPLAY and protected by U.S. and international copyright laws. Your rights with respect to your use of the same are governed by these Terms, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements.
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 THUMBPLAY and/or its affiliates, licensors and/or licensees. Without THUMBPLAY's prior permission, you agree not to display or use the THUMBPLAY' marks in any manner, including but not limited to handbills or posters. You agree that you will not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Downloads, Widgets, or any accompanying documentation.
THUMBPLAY claims no ownership of Content you make publicly available on the Service, or otherwise upload, post or transmit for inclusion in publicly accessible portions of the Service. With respect to such Content, you grant THUMBPLAY 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 THUMBPLAY removes) such Content from the Service. You understand and agree, however, that THUMBPLAY 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 THUMBPLAY Website is perpetual and irrevocable.
THUMBPLAY 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, Widgets, and Subscriptions, will be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. You expressly consent that the state or federal courts of New York County, New York shall have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms or any claim involving THUMBPLAY 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 Thumbplay 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 THUMBPLAY. 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 THUMBPLAY. These Terms may be assigned by THUMBPLAY and shall inure to the benefit of THUMBPLAY, its successors and assigns.
No Right of Survivorship or Transferability – You agree that your Thumbplay 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.
THUMBPLAY's Remedies – You agree that any unauthorized use of the Services, the Widgets or the Downloads would result in irreparable injury to THUMBPLAY and/or its affiliates or licensors for which money damages would be inadequate. In such event THUMBPLAY 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 THUMBPLAY, 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 Thumbplay 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 THUMBPLAY Services, you agree to indemnify and hold THUMBPLAY, its affiliates, partners 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 Widgets, Subscriptions, and Applications, your violation of these Terms, or your violation of any rights of another party.
Disclaimer of warranties – By using the THUMBPLAY Services you expressly understand and agree that: the THUMBPLAY Services, and all downloads, software, materials, applications, information, products and services included in the THUMBPLAY Services are provided "as is" with no warranties by THUMBPLAY or its agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers (the "THUMBPLAY entities"). THUMBPLAY and the THUMBPLAY entities expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, warranties that software is free of defects, viruses, able to operate on an uninterrupted basis, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No use of the Services is authorized hereunder except under this disclaimer.
THUMBPLAY and the THUMBPLAY entities disclaim any warranties that the Services will meet your requirements, or that your access to the same will be uninterrupted or error-free. THUMBPLAY and/or the THUMBPLAY entities, do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Services with respect to the accuracy, operability, availability, security, reliability, timelines, and performance of the THUMBPLAY Services. THUMBPLAY 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 THUMBPLAY 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 THUMBPLAY and/or the THUMBPLAY 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 THUMBPLAY and/or the THUMBPLAY entities as applicable. THUMBPLAY and the THUMBPLAY entities disclaim any warranties for services or goods received through or advertised on the THUMBPLAY Services or received through any links provided by the THUMBPLAY Services.
Limitation of liability – under no circumstances, shall THUMBPLAY and/or the THUMBPLAY entities as applicable, be liable for any unauthorized use of the Services
Under no circumstances, including, but not limited to, negligence, shall THUMBPLAY or the THUMBPLAY entities be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, loss of goodwill, work stoppage, computer failure or malfunction, arising out of the use of, reliance on, or the inability to use, the Services, or from the interruption, non-performance, suspension, or termination of the THUMBPLAY 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 THUMBPLAY and/or the THUMBPLAY 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 THUMBPLAY Services or received through any links provided in the THUMBPLAY Services.
Without limiting the foregoing, THUMBPLAY 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.
Suggestions – Thumbplay welcomes suggestions for enhancing its Services and any accompanying documentation that may result in computer programs, reports, presentations, documents, ideas or inventions relating or useful to Thumbplay's business. You acknowledge that all title, ownership rights, and intellectual property rights concerning such suggestions shall become the exclusive property of Thumbplay and may be used for its business purposes in its sole discretion without any payment or accounting to you.
THUMBPLAY respects the intellectual property rights of others. THUMBPLAY 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 THUMBPLAY's Copyright Agent, including the following information:
Notices can be sent to THUMBPLAY's Copyright Agent at:
Registered Copyright Agent
Thumbplay, Inc.
599 Broadway, 8th Floor
New York, NY 10012
email: copyright@thumbplay.com
fax: 212-651-1796
THUMBPLAY 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 THUMBPLAY Subscription and/or not use the Services.