Terms and Conditions


To Play Musicqz, Text MUSIC to 43454. Then wait for the request to opt into the service. Once received, reply with YES to accept Terms of the Service. Each subscriber can play music trivia questions up to five times per week for $9.99 per month. Message and Data Rates May Apply. Charges will appear on subscriber’s cellular phone bill or be deducted from their prepaid balance. All purchases must be authorized by account holder.To play, text the answer to the question to 43454. Get as many answers correct as possible to improve your chances of winning a prize! Play up to five times a week. Text HELP to 43454for Help and text STOP to 43454 unsubscribe. This is a PAID SUBSCRIPTION SERVICE, your subscription will automatically renew monthly until you send STOP to 43454.

GENERAL TERMS AND CONDITIONS PLEASE READ THE GENERAL TERMS AND CONDITIONS BEFORE SUBSCRIBING TO ANY OF OUR SERVICES OR PARTICIPATING IN ANY OUR SKILLS GAMES.

The following General Terms and Conditions are applicable to the products and services offered or supplied via Short Messaging Services (hereinafter referred to as “Services”) by MyPengo Mobile or enterprises affiliated with it (hereinafter referred to as “We” or “Provider”). Provider is permitted to amend these General Terms and Conditions. Your continued use of the Services after such amendment is posted on our website or after you are notified of such changes by email, shall constitute your acceptance of such amended General Terms and Conditions.

Children under 18 please seek approval from the legal owner and bill payer an/or parental approval. Min age to play: 13. Available only to residents of the 48 continental states and the District of Columbia. Void in AZ, CO, CT, IA, MD, MN, ND, TN and VT and where otherwise prohibited law.

In addition to the General Terms and Conditions, Provider may publish official rules, promotional conditions, guidelines and provisions pertaining to the Services (hereinafter referred to as the “Other Rules”). You agree to accept and be bound by the Other Rules. The Other Rules will be considered to form an inextricable part of and subject to these General Terms and Conditions, unless otherwise specified. By availing yourself of the Services of Provider, you agree to these General Terms and Conditions and the Other Rules.

1. DESCRIPTION OF PROVIDER SERVICES

By means of SMS services (SMS = Short Message Service), Provider supplies its users access to a network of on-line sources, including on-line games and on-line information material. The General Terms and Conditions are at all times applicable to all new facilities that constitute any expansion, extension or improvement of the present Services, including any extension to new functions added by Provider.

2. AVAILABILITY OF THE SERVICES

In order to make use of the Services, you are required to have access to the Internet and/or a means of mobile communication. This will require that you secure Internet access through an Internet Service Provider or mobile communications access through a cellular telephone provider. You are required to pay all expenses incurred in creating such access. You are also responsible for the connection of any necessary equipment, including any mobile telephone or personal computer or whatever devices that may be necessary. Provider accepts no liability nor does it issue any guarantees in the event that personal configurations, information or messages are not saved, or not saved in due time, or if they are deleted or incorrectly delivered.

PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SERVICES OR THE CONTENT OR MATERIAL PROVIDED THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, SITE, AND ANY INFORMATION OR CONTENT CONTAINED OR PROVIDED THROUGH THE SERVICES OR THE SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS, AND ARE FOR PERSONAL, NON-COMMERCIAL USE ONLY.

3. PAYMENT

Once you subscribe to our service, your cellular phone provider (hereinafter referred to as “Cellular Provider(s)”) will bill you fees for the use of the Services through their network, which may consist of per SMS message charges or monthly fees for certain of Services. You agree to pay invoices or bills from your Cellular Providers in accordance with the terms and conditions of their agreements with you, including any and all sales and other governmental taxes and levies in connection with such Services. Your failure to pay timely any fees or charges for the Services may result in termination of your access to the Services, with or without notice, unless prohibited by law. You agree to release and hold Provider harmless from any and all claims, losses, liabilities, and expenses (including attorney’s fees) that may arise from the acts or omissions of your Cellular Provider, including without limitation, any claims relating to their billings and provision of services to you.

4. REGISTRATION OBLIGATION

You will be required to provide certain information to Provider when you register for the Services. In order to ensure the safe and secure delivery of the Services, you represent and warrant that: (a) your personal information (hereinafter to be referred to as the registered information) provided on the registration form is correct and complete and (b) you will make sure this registered information is at all times correct, up to date and complete. If Provider has a reasonable suspicion that the registered information is not accurate or complete, then Provider is entitled to suspend or terminate your account and to withhold both current and future use of the Services, or any component of it. You yourself are responsible for maintaining the secrecy of any passwords and/or accounts issued to you by Provider, and you are fully liable for all actions carried out involving the use of your password or account or any devices in which you receive or use the Services, whether authorized by you or not. You undertake at the end of each session to close your account and to contact Provider if you notice or suspect that unauthorized use has been made of your password or account or any breach the security or safety of your account or use of the Services. Provider cannot and will not be liable for any damage arising from your failure to observe the provisions of this Section 4.

5. RIGHTS TO USE INFORMATION PROVIDED BY USERS

In connection your use of the Services, you may asked to provide certain information to Provider such as the registered information referred to in Section 4 and responses to questions or puzzles in games we may provide (collectively referred to hereinafter as “User Information”). You hereby grant to Provider the full, unrestricted and worldwide right to (a) use the User Information or any portion or combination thereof to execute the agreement between you and Provider and to provide the Services; (b) use the User Information to inform you about offers, discounts, new developments and additional services offered by Provider; (c) publish, sell, distribute, display, or modify any User Information that is not personally identifiable information; and (d) process the User Information in connection with processing any transactions with you or the use of the Services.

6. INDEMNIFICATION

You undertake to indemnify Provider and its parent companies, subsidiaries, affiliated and related companies, and each of their respective officers, directors, employees, agents and representatives against any demands or claims by third parties, including all reasonable costs incurred for legal assistance, which demands or claims arise from or are the consequence of any information you have sent or offered via the Services as a result of your connection with the Services, your use of the Services, or any violation committed by you of the General Terms and Conditions or rights of others.

7. PROHIBITION ON RESALE OF THE SERVICES

You undertake not to reproduce, copy, sell, resell or use the Services, or any part of it, or access to the Services for commercial purposes.

8. GENERAL RULES REGARDING USE AND SAVING OF INFORMATION

Regarding the use of the Services, you agree to such general rules, rules of play, promotional conditions and restrictions as may be established from time to time by Provider. Provider reserves the right at all times and at its own discretion, without being required to issue prior notice, to amend these general rules, rules of play, promotional conditions and restrictions. Provider is entitled to cancel accounts that have remained inactive for considerable periods of time. You agree that Provider bears no responsibility or liability in the event that information sent or provided by means of the Services is not saved or is deleted in error.

9. ALTERATIONS TO THE SERVICES

Provider may at any time alter or terminate the Services, or any part of it, either temporarily or permanently. You agree that Provider is not liable in respect either of any third party or you as a user in the event that the Services are altered, terminated or suspended.

All fees are subject to change upon prior notice from the Provider. The Provider will send You a text message describing the change in the fees to which You will have to reply confirming You accept the change. If You confirm and reply to this text message, Provider will send a second text message to which You will have to reply confirming You accept the change (“double opt-in”). If You do not reply to one of these opt-in messages, the Service will automatically be terminated.

10. TERMINATION

At its own discretion and regardless of the reasons for doing so, Provider may terminate use of the Services by you and destroy and remove any information within the Services if Provider is of the opinion, in its sole discretion, that you have not observed these General Terms and Conditions, or you have acted contrary to these General Terms and Conditions, or for any other reasons. You agree that Provider may erase or deactivate your account and all information connected with it as well as any lists or files contained by it without delay, and/or deny you all further access to the Services. Such termination of your access to the Services may be without prior notice to you.

11. TRANSACTIONS WITH ADVERTISERS AND/OR SPONSORS

Any dealings or transactions between you and any sponsors and/or advertisers, or any participation in promotions by sponsors and/or advertisers that have been located on the Services, including the supply and payment of goods or services, as well as all other guarantees, terms and conditions and statements issued in connection with those transactions are the exclusive concern of you and the sponsor and/or advertiser. You agree that Provider is not liable or responsible for any damage of any nature whatever that may be the result of such transactions or the presence of those sponsors and/or advertisers on the Services.

12. OWNERSHIP RIGHTS OF PROVIDER

The text, information, content, organization, graphics, designs, compilation and other material posted or contained on the Site or provided through the Services (the “Content”) are protected under applicable copyright, trademark and other intellectual property laws. The Content is either owned by or licensed to Provider. Except for the limited rights of use described in Section 13 below, the Content may not be reproduced, redistributed, published, broadcast, transmitted, modified, or otherwise used without the prior written consent of Provider. Any unauthorized use is strictly prohibited.

13. LIMITED RIGHTS TO USE

You have a limited personal, non-exclusive, and non-transferable right to make one copy of the Content on the equipment you use for gaining access to the Services, and to use and display the one copy of the Content made on that equipment for private purposes solely in connection with your use of the Services. You may not republish, distribute, assign, sublicense, sell, prepare derivative works or otherwise use the Content. If the Services include providing you access to software, then you will be granted a personal, non-exclusive, and non-transferable right to make one copy of the object code version of the software on the equipment you use for gaining access to the Services, provided you do not copy or alter any source code whatever, or create a product derived from it, or carry out any reverse engineering or reverse assembly on it or in any other way attempt to find the source code (or permit third parties to do so), and provided you do not sell, distribute, display, transfer, encode, sublicense, encumber with security rights or transfer in any other way any rights connected with the software. Your rights hereunder may not be assigned or transferred to any third party.

14. DISCLAIMERS

YOU EXPRESSLY AGREE THAT: a) PROVIDER REJECTS IMPLIED OR EXPRESS WARRANTIES OF ANY NATURE WHATEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES WITH REGARD TO MERCHANTABILITY, SUITABILITY FOR A SPECIFIC PURPOSE AND/OR INFRINGEMENT;

b) PROVIDER DOES NOT GUARANTEE THAT (1) THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL PURCHASED OR ACQUIRED BY YOU VIA THE SERVICES MEETS YOUR EXPECTATIONS, (2) THE RESULTS ACHIEVED BY USING THE SERVICES ARE CORRECT OR RELIABLE, AND (3) ERRORS IN THE SERVICES WILL BE CORRECTED;

c) YOU USE THE SERVICES AT YOUR OWN RISK TO OBTAIN OR DOWNLOAD MATERIAL IN ANY WAY WHATEVER, AND THAT YOU ALONE BEAR RESPONSIBILITY FOR ANY DAMAGE TO OR LOSS OF INFORMATION OCCURRING AS A RESULT OF DOWNLOADING OR USING THAT MATERIAL;

d) NO GUARANTEE THAT IS NOT EXPRESSLY INCLUDED IN THE GENERAL TERMS AND CONDITIONS IS APPLICABLE TO EITHER WRITTEN OR ORAL INFORMATION, HINTS OR ADVICE THAT YOU OBTAIN FROM PROVIDER OR VIA/FROM THE SERVICES.

15. LIMITATION OF LIABILITY

YOU AGREE THAT PROVIDER IS NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, UNUSUAL OR CONSEQUENTIAL DAMAGES OR LOSSES OR FOR ANY COURT-IMPOSED PENALTY WHEREBY PAYMENT OF DAMAGES IS REQUIRED, ARISING FROM (1) THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES; (2) THE COSTS OF SUPPLYING REPLACEMENT GOODS AND SERVICES AS A CONSEQUENCE OF GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR ACQUIRED VIA OR FROM THE SERVICES, OR AS A CONSEQUENCE OF REPORTS RECEIVED OR TRANSACTIONS EFFECTED; (3) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR MESSAGES OR INFORMATION; (4) STATEMENTS OR CONDUCT OF THIRD PARTIES ON THE SERVICES, OR (5) ANY AND ALL OTHER MATTERS IN CONNECTION WITH THE SERVICES.

16. TRADEMARK

You agree that without prior written permission from Provider, you will not use or display in any manner whatever the trade names, trademarks, word trademarks, pictorial trademarks or logos used in connection with the Services. The brand name(s) used by our services and it’s associated logos are the trademarks of MyPengo Mobile. Other product and company names mentioned on the Services or the Site may be the trademarks of their respective owners.

17. PRIVACY POLICY

Provider respects your privacy in the use of the Services. Provider has established a privacy policy with respect to use of information supplied by users of the Services, which is set forth at Privacy Policy page of this site. By using the Services, you accept and agree to that Privacy Policy.

18. USE OF SITE OR SERVICES OUTSIDE THE UNITED STATES

The Site and Services are intended for use within the United States and in some cases, certain aspects of the Services may be limited to residents of certain states in the United States (“Permitted States”). If you access the Site or Services from outside the United States or in a state or territory that is outside the Permitted States, you accept all risk associated with your use of the Site or Services and are obligated to ensure that your use of the Site and Services complies with the laws of the jurisdiction in which you are viewing or using the Site or the Services.

19. GENERAL TERMS

These General Terms and Conditions take the place of all previous agreements between you and Provider. They may not be modified except in writing by Provider.

Any controversy or claim arising out of or relating to the General Terms and Conditions or your use of the Services, whether asserted in contract, tort, statute, or otherwise (including whether or not such controversies or claims are arbitral) shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. All hearings and proceedings shall take place in New York City, New York, using New York law (excluding conflict of law rules), and without regard to the Federal Arbitration Act. Notwithstanding the foregoing, Provider may bring an action in any court of competent jurisdiction for injunctive relief relating to any unauthorized use of the Services, Provider’s trademarks or the Content.

If any provision of these General Terms and Conditions should ever be held to be invalid or unenforceable, such invalid or unenforceable provision(s) shall be revised by the Court and shall not affect any other provisions of these General Terms and Conditions, and such other provisions shall continue in full force and effect. If you use any additional service, material or software from third parties, additional terms and conditions may be applicable to you. Any failure by Provider to exercise or invoke certain rights or stipulations set forth the General Terms and Conditions in no way constitutes a waiver or renunciation of those rights or stipulations.