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TNA MOBILE TERMS AND CONDITIONS


Welcome to the TNA Mobile website (the "Website"). The Website and mobile Service is brought to you by TNA Mobile ("TNA Mobile," “TNA”, "we" or "us"), an Internet property of New Motion Inc. under license from TNA Entertainment LLC. By using or accessing the Website and our online/mobile service (the “Service”), you are agreeing to comply with and be bound by the following terms and conditions (the "Agreement"). Please review the following provisions of this Agreement carefully. If you do not agree to all the terms and conditions contained in this Agreement in its entirety, you are not authorized to use this Website or the Service in any manner or form. TNA Mobile is not available to individuals under 13 years of age and if you are under the age of 13, you may not access or use the Website and/or Service in any manner whatsoever. The same restriction applies if you are under 18 years of age and do not have the permission of your parent, legal guardian and/or authorized owner of the mobile account or credit card account used to bill and collect Service fees (“Fees”). All individuals under 18 years of age must obtain their parent’s or legal guardian’s explicit permission prior to using and/or signing up for the Service. YOU UNDERSTAND THAT THE SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY. IN ADDITION, YOU UNDERSTAND THAT ANY AND ALL STANDARD MESSAGING RATES CHARGED BY YOUR WIRELESS CARRIER FOR RECEIVING AND/OR SENDING CONTENT WILL APPLY! YOU ARE FULLY RESPONSIBLE FOR ALL SUCH CHARGES AND TNA MOBILE HAS NO LIABILITY OR RESPONSIBILITY TO YOU, WHATSOEVER, FOR ANY SUCH CHARGES CHARGED BY YOUR WIRELESS CARRIER.

1. Acceptance of Agreement. This Agreement, including TNA Mobile’s Privacy Policy (“Privacy Policy”) and other rules, such as sweepstakes rules, on the Website (collectively, the “Rules”), constitutes the entire agreement between you and TNA Mobile and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website and/or Service. TNA Mobile may, from time to time, modify this Agreement and will post a copy of the amended Agreement on its website. If you do not agree to the amended Agreement, your only remedy is to stop using the Website and/or Service or, if applicable, cancel your TNA Mobile membership ("Membership"). The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website and/or Service. By your continued use of the Website and/or Service, you hereby agree to all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this webpage for any updates and/or changes.

2. The Service. TNA Mobile is an online and mobile entertainment service offering text alerts, blogs, ringtones, wallpapers and online videos for

Alltel, Sprint, Dobson, T-Mobile, Verizon and Suncom.

Alltel, Sprint, Dobson, T-Mobile, Verizon and Suncom customers can subscribe to TNA Mobile Service for $9.99/month. AT&T;, Sprint, Dobson, T-Mobile and Suncom customers also receive up to 10 credits/month for ringtones, wallpapers and other binary content with their TNA Mobile Service (Alltel and Verizon customers are able to receive text alerts, blogs and online videos, but do not receive credits for ringtones, wallpapers and other binary content). Unused monthly credits will not be rolled over to the next month. An Internet enabled mobile device which supports mobile content is required for all mobile TNA Mobile Services, and a realtone compatible mobile device is required to receive realtones. If you are not sure if you have a compatible mobile device, please visit www.mobile.tnawrestling.com. By entering the TNA Mobile Service PIN code sent to the mobile number provided by you, you agree that you are subscribing to the TNA Mobile Service. By subscribing to the TNA Mobile Service, you represent that you are of legal age to agree to these terms and conditions or you have your parent’s permission to do so. Your right to use TNA Mobile is strictly limited to your personal, non-commercial use and is not transferable by you. Artist names are for identification only. Standard usage charges for SMS, MMS and other charges, including third party charges, may apply. All charges will be billed on your wireless service bill or deducted from your prepaid balance. For help, text "HELP" to 76000 at anytime. To cancel your service, text “STOP” to 76000 at anytime. For questions, please contact TNA Mobile customer service at help @ myTNA.tv or call 1-800-419-6405. By subscribing to the TNA Mobile Service, you agree to receive free content and promotional offers from TNA Mobile and to be bound by this TNA Mobile Terms and Conditions (which includes disclaimers of warranties, limitation of liabilities and an agreement to arbitrate all claims), as located on www.mobile.tnawrestling.com, and as may be updated and/or modified from time to time.

YOU ARE FULLY AND SOLELY RESPONSIBLE FOR ANY AND ALL COSTS CHARGED BY A WIRELESS CARRIER, WHETHER TO YOUR WIRELESS ACCOUNT OR A THIRD PARTY WIRELESS ACCOUNT, AS THEY ARISE FROM YOUR USE OF THE SERVICE. We may discontinue or add to our suite of Service at anytime, in our own sole discretion, with or without notice to Members.

YOU UNDERSTAND THAT CREDITS OBTAINED IN MONTHLY MEMBERSHIPS MUST BE USED WITHIN THE THIRTY DAY PERIOD FOLLOWING YOUR BILLING DATE OR THEY WILL EXPIRE AT THE END OF SUCH THIRTY DAY PERIOD. Credits not used in the thirty day period following the billing date shall expire at the end of such thirty day period; credits do not rollover to subsequent monthly billing periods. Credits have no cash value and may not be returned to TNA Mobile or redeemed anywhere else, other than through the Service. TNA Mobile may change its pricing at any time, with or without notice to you. However, existing monthly Members will receive reasonable notice prior to any increases in monthly Membership pricing. Moreover, TNA Mobile may make certain promotional offers available to attract new Members, in its sole discretion. Any promotions are not retroactive and existing or former Members are not entitled to such promotions, unless TNA Mobile makes a promotion explicitly available to existing Members.

To use the Service, you must first register for Membership and supply certain registration data that may include, without limitation, username, password, mobile telephone number, e-mail address, mailing address and, if needed, credit card information for billing purposes ("Registration Data"). You agree to provide accurate Registration Data for which you have the authorization to supply to TNA Mobile and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. TNA Mobile may use your Registration Data in accordance with our Privacy Policy.

Fees will be billed to your Mobile Device supplied in your Registration Data when you confirm your order. Once billed to your Mobile Device account, you understand that Fees are non-refundable.

For monthly Membership subscriptions, once you confirm your order, your Mobile Device will be billed once per calendar month, each and every month on the monthly anniversary date of your registration, until you cancel your monthly Membership. You agree to also receive at least one text message each and every month confirming your Membership and providing you information regarding the Service. If you have not logged into your account on the Website for a period of one month, you will also receive at least one text message each and every week confirming your Membership and providing you information regarding the Service, and will continue to receive these text messages until you have an opportunity to log in to your account or cancel. You can cancel a monthly Membership subscription at any time by text messaging “STOP” to 76000 (or other short code designated for cancellations in the future, in TNA Mobile’s sole discretion) or other method of cancellation TNA Mobile makes available to you, from time to time. Once TNA Mobile receives the cancellation text message, you will not be billed for further monthly Membership Fees. However, once a Fee is billed to your Mobile Device, TNA Mobile will not issue any refunds. For example, if your Mobile Device is billed for a monthly Membership subscription on the 4th of every month and you cancel on the 10th, you will not be billed in the next month, but your monthly Membership subscription will remain active for the remainder of the current billing period.

TNA Mobile reserves the right to charge Fees via credit or debit card, or other payment mechanism, in the future.

Your Membership is non-transferable. Access to, and use of, the Service is through a combination of both user name and password ("Login"). You must keep your Login strictly confidential. For security reasons, TNA Mobile will not release passwords for any reason, other than to the applicable Members themselves, except as may be specifically required by law or court order. You agree that you will not authorize and/or permit others to use your Membership. TNA Mobile shall not be responsible for any unauthorized use of your Membership. Furthermore, unauthorized access to the Website and/or Service is a breach of this Agreement, violation of applicable law and strictly subject to your obligations of indemnification as set forth in Section 11, hereinbelow. There are no third party beneficiaries to this Agreement.

By submitting and/or posting images, videos, audio, text and any other content to and/or through the Service (collectively, the "Member Content"), you will retain ownership of such Member Content and are fully liable for such Content. However, by submitting and/or posting the Member Content to and/or through the Service, you hereby grant to TNA Mobile an irrevocable, perpetual and unlimited right and license to publish, distribute, use, copy, modify, make derivative works of, adapt, transfer, assign, publicly perform and publicly display such Member Content in any medium and in any manner now known or known in the future, without compensation to you. You agree that you will cooperate and execute, without further compensation, any documents necessary to permit TNA Mobile to perfect its rights herein.

3. License Grant. As a visitor to the Website and/or Member of the Service, you are granted a limited, non-exclusive, non-transferable license to access and use the Website (and its associated content) and/or Service in accordance with this Agreement. TNA Mobile may terminate this license at any time for any reason, whatsoever. You may use the Website and/or Service on one computer and/or one mobile telephone for your own personal, non-commercial use. No part of the Website and/or Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website and/or Service, Website content or any portion thereof. TNA Mobile reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Service. You may not take any action that imposes an unreasonable or disproportionately large load on the TNA Mobile infrastructure. As a Website visitor, your limited license is provided solely for access to the Website in order to obtain information about TNA Mobile and to apply for Membership.

All rights not expressly granted to you in this Agreement are reserved by TNA Mobile and/or its licensors.

4. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website and/or Service is protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website and/or Service is strictly prohibited. You do not acquire ownership rights to any content, document, software, services and/or other materials downloaded, previewed and/or viewed at or through the Website and/or Service. The posting of information and/or material at the Website and/or Service by TNA Mobile does not constitute a waiver of any right in such information and/or materials.

5. Refer a Friend. Through the Service, you will have the opportunity to invite your family and friends to participate in the Service. When you refer a friend, you are granting us the right to contact that individual and you will be held solely responsible for any and all liability associated with such contact and/or invitation.

6. Modifications, Changes to Website and Service. TNA Mobile reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website and/or Service (or any part thereof) with or without notice to you, without any liability to you or to any third party.

7. Privacy Policy. Use of the Website and/or Services is subject to our Privacy Policy, which is hereby incorporated into, and made part of, this Agreement. We reserve the right, and you authorize us, to use information regarding your Website and/or Service use and any and all other personal information provided by or collected from you in any manner consistent with our Privacy Policy.

For additional information regarding TNA Mobile’s use of information collected please refer to the TNA Mobile Privacy Policy.

8. Allegations of Wrongdoing. If TNA Mobile receives a notice alleging that you have engaged in behavior that may be unlawful, harassing, harmful or abusive to another, may subject TNA Mobile to liability in any form, infringes upon the intellectual property rights of TNA Mobile and/or a third party, or if we suspect any of the above has occurred or may occur, and/or if we believe you have otherwise violated the letter or spirit of this TNA Mobile Terms and Conditions, TNA Mobile may suspend or terminate your Membership without notice to you. If TNA Mobile suspends or terminates your Membership under this Section 8, we shall have no liability or responsibility to you, including liability for any amounts that you have previously paid.

9. Third Party Websites. The Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because TNA Mobile has no control over such third party websites and/or resources, you hereby acknowledge and agree that TNA Mobile is not responsible for the availability of such third party websites and/or resources. Furthermore, TNA Mobile does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

10. Injunctive Relief. You agree that any unauthorized use of the Website and/or Service would result in irreparable injury to TNA Mobile and/or its affiliates or licensors for which money damages would be inadequate. In such event TNA Mobile, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available to it pursuant to this Agreement, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that TNA Mobile, its affiliates and/or licensors may have under separate legal authority.

11. Indemnification. You agree to indemnify, defend and hold TNA Mobile and its parents and subsidiaries, and each of their respective executives, officers, directors, employees, agents and attorneys, harmless against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys' fees) arising from or related to: 1) your breach of any provision of this Agreement; 2) your use of the Website and/or Service, in any manner whatsoever; and 3) any unauthorized use of your Membership.

12.Termination. TNA Mobile may, in its sole discretion, terminate this Agreement and/or suspend your Membership at any time without notice to you, in the event that you breach (or TNA Mobile reasonably suspects, in its sole discretion, that you have breached) any provision of this Agreement. If TNA Mobile terminates this Agreement, or suspends your account for any of the reasons set forth in this Agreement, TNA Mobile shall have no liability or responsibility to you, and TNA Mobile will not refund any amounts that you have previously paid.

You understand and agree that your cancellation of your Membership is your sole right and remedy with respect to any dispute with TNA Mobile.

13.DISCLAIMERS. THE WEBSITE, SERVICE AND ASSOCIATED CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE WEBSITE, SERVICE AND/OR ASSOCIATED CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TNA MOBILE HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICE AND ASSOCIATED CONTENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TNA MOBILE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN TNA MOBILE AND YOU. THE WEBSITE, SERVICE AND ASSOCIATED CONTENT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE AND/OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY AND/OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES AND/OR WORMS CONTAINED WITHIN A FILE AVAILABLE AT THE WEBSITE AND/OR THROUGH THE SERVICE IS EXPRESSLY DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY CONTENT OBTAINED OR OTHERWISE ACCESSED THROUGH THE USE OF THE WEBSITE AND/OR SERVICE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOADING OF ANY SUCH MATERIAL.

UNDER NO CIRCUMSTANCES SHALL TNA MOBILE BE LIABLE FOR ANY USE OF THE WEBSITE AND/OR SERVICE. OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE THAT YOU HAVE PAID FOR ANY GOODS, SERVICES OR INFORMATION AVAILABLE FROM TNA MOBILE AT THE WEBSITE AND/OR SERVICE. NOTWITHSTANDING THE FOREGOING, TNA MOBILE SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE AND/OR SERVICE. CERTAIN JURSDICTIONS AND/OR LAWS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS UNDER SUCH LAWS.

14. Other Restrictions. The Website and/or Service are available only to individuals who can enter into legally binding contracts under applicable law. However, the Website and/or Service are not intended for use by individuals under the age of 13. If you are under the age of 13, you do not have authorization to use the Website and/or Service. If you are under the age of 18, you must receive your parent’s or legal guardian’s authorization before using the Website and/or Service and your parent or legal guardian hereby agrees to this Agreement in its entirety. Currently, TNA Mobile is only available to residents of the United States. You understand and acknowledge that you may not register for, access, or use the Website and/or Service from countries other than these jurisdictions. You agree to abide by the applicable United States export control laws and any other applicable laws, rules and/or regulations with respect to the Service and associated content.

15. Online Content/Conduct. As a Member, you agree that you are solely responsible for the content and/or information that you upload, publish, transmit and/or post in connection with the Service and/or Website. You agree to use the Website and Service in a manner consistent with any and all applicable laws, rules and regulations and with the highest regard to the intellectual property rights of any and all intellectual property holders, TNA Mobile and its licensors.

Members are solely responsible for the accuracy, completeness or usefulness of content that the Member posts. In addition, by posting any content and/or information at the Service, you represent and warrant that you have full rights and license to allow such content and/or information to be published at or through the Service. TNA Mobile does not adopt nor endorse, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on or through the Service and/or Website. You understand and agree that TNA Mobile will not be responsible for any loss or damage resulting from a third party's reliance on information or other content posted on or through the Service and/or Website by you.

In addition, without limitation, you agree not to:

  • Use the Service and/or Website to infringe upon any intellectual property right, or any other right, of a third party;
  • Impersonate any other person or entity;
  • Circumvent, or attempt to circumvent, any security and/or payment mechanism implemented in connection with the Service and/or Website;
  • "Stalk", intimidate, annoy, abuse or otherwise harass any person via the Service and/or Website;
  • Engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service and/or Website;
  • Transmit any chain letters, “spam” or junk e-mail to or through the Service and/or Website;
  • Express or imply that any statements you make are endorsed by TNA Mobile;
  • Harvest or collect personal information about other Members whether or not for commercial purposes;
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Service and/or Website;
  • Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
  • Remove any copyright, trademark or other proprietary rights or notices contained in association with any content;
  • Interfere with or disrupt the Website and/or Service or the servers and/or networks connected to the Website and/or Service;
  • Post, e-mail or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • "Frame" or "mirror" any part of the Website or Service; and/or
  • Use metatags or code or other devices containing any reference to TNA Mobile or the Website or Service in order to direct any person to any other website for any purpose.

TNA Mobile reserves the right, but has no obligation, to reject any content that does not comply with these prohibitions or for any reason at all. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of this Agreement and may result in termination of your Membership, in the sole discretion of TNA Mobile, pursuant to the terms of this Agreement. TNA Mobile reserves the right to pursue any and all legal remedies against individuals who engage in the aforementioned prohibited conduct.

16. Member Disputes. TNA Mobile does not control the information provided by other Members that are made available through our system. You may find other Member's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using the Website. You are solely responsible for your interactions with other Members. Because TNA Mobile is not directly involved in Member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed or used information on the Website, you hereby release TNA Mobile from any and all claims, demands and damages (actual, indirect and/or otherwise consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or arising out of your use of the Website and/or Services. TNA Mobile reserves the right, but has no obligation, to monitor disputes between you and other Members.

17. Copyright Claims Policy. TNA Mobile respects the intellectual property of others, and we ask our users to do the same. TNA Mobile may, in appropriate circumstances and at its discretion, disable and/or terminate the Memberships of those who may be infringing upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated at the Website and/or Service, please provide TNA Mobile’s copyright agent with the following information:

COPYRIGHT INFRINGEMENT NOTICE
Notifications (each, a “Notification”) of claimed copyright infringement appearing on TNA Mobile or any other TNA Mobile owned and/or operated website should be sent to TNA Mobile’s designated agent. TNA Mobile’s designated agent contact information is set forth below:

Address of Designated Agent to Which Notification Should be Sent:

By mail: Copyright Claims
New Motion Inc.
42 Corporate Park, 2nd Floor
Irvine, CA 92606

By email: copyrightclaims @ newmotioninc.com
By fax: (949) 777-3707

Pursuant to Title 17, United States Code, Section 512(c)(2), to be effective, the Notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TNA Mobile to locate the material;
4. Information reasonably sufficient to permit TNA Mobile to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512(c)(2):

1. TNA Mobile will remove or disable access to the material that is alleged to be infringing;
2. TNA Mobile will forward the written Notification to the alleged infringer ("Subscriber"); and
3. TNA Mobile will take reasonable steps to promptly notify the Subscriber that TNA Mobile has removed or disabled access to the material.
Counter Notification:
Pursuant to Title 17, United States Code, Section 512(c)(2), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to TNA Mobile’s designated agent that includes substantially the following:
1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which TNA Mobile may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512(c)(2):
1. TNA Mobile will promptly provide the Complaining Party with a copy of the Counter Notification;
2. TNA Mobile will inform the Complaining Party that TNA Mobile will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
3. TNA Mobile will replace the removed material or cease disabling access to the removed material within fourteen (14) business days following receipt of the Counter Notification, provided TNA Mobile’s designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the removed material on TNA Mobile’s network or system.
18. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and any and all other equipment needed for access to, and use of, the Website and/or Service, and all charges related thereto including, without limitation, that your Mobile Device is fully compatible with the specific content you obtain from TNA Mobile (e.g. brew, java or polyphonic tone-capable) and participating wireless carrier. In addition, you are solely responsible for obtaining and maintaining software and/or hardware to utilize the Service. Without limiting the foregoing, you understand and agree that you are responsible for any and all standard wireless messaging costs, fees and/or charges associated with and/or arising from the Services that my be charged by your wireless carrier.

19. INJUNCTIVE RELIEF. You acknowledge that TNA Mobile may be irreparably damaged if this Agreement, the Privacy Policy or any applicable Rules are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement, the Privacy Policy or any applicable Rules by you, TNA Mobile shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement, the Privacy Policy or any applicable Rules. For purposes of this section, you agree that any action or proceeding with regard to an injunction shall be brought in the state courts of record for Los Angeles, California. You herby consent to the jurisdiction of such court and waive any objection to the laying of venue for such action or proceeding in Los Angeles, California. You also agree that service of any court paper may be effected on you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

20. GOVERNING LAW, VENUE AND JURISDICTION; ARBITRATION. This Agreement shall be treated as though it were executed and performed in Los Angeles, California and this Agreement, the Privacy Policy and any applicable Rules are governed by and shall be construed in accordance with the internal laws of the State of California, without regard for principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, the Privacy Policy or any applicable Rules, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement, the Privacy Policy or any applicable Rules by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Los Angeles, California. To the extent permitted by applicable law, you agree to waive any right that you may have to participate in any class action litigation involving, related to or arising from the Website and/or Service. You and TNA Mobile shall select the arbitrator, and if you and TNA Mobile are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then TNA Mobile shall select the arbitrator. Arbitration shall not commence until the party requesting arbitration has deposited One Thousand Dollars ($1,000) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and TNA Mobile and your and TNA Mobile’s respective administrators, executors, legal representatives, heirs, successors and assigns, and may only be entered in the state courts of record for Los Angeles, California. The jurisdiction and venue for any action brought for purposes of compelling arbitration or enforcing an arbitration award arising from, under or connected with this Agreement, the Privacy Policy or any applicable Rules shall be exclusively in the state and/or federal courts in and/or for Los Angeles, California, and each party hereby waives any objection to such jurisdiction and venue based upon forum non conveniens or otherwise.

21. Miscellaneous. If any arbitrator or court of competent jurisdiction deems any portion of this Agreement, the Privacy Policy or any applicable Rules unlawful, void or unenforceable, the applicable Agreement, Privacy Policy or Rules as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the applicable Agreement, Privacy Policy or Rules that is unlawful, void or unenforceable shall be stricken.

The headings contained in this Agreement, the Privacy Policy or any applicable Rules are for convenience of reference only, are not to be considered a part of this Agreement, the Privacy Policy or any applicable Rules, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement, the Privacy Policy or any applicable Rules.

No waiver of any portion of this Agreement, the Privacy Policy or any applicable Rules shall be effective unless it is in writing and signed by an authorized representative of TNA Mobile. The failure of TNA Mobile to require performance of any obligation of this Agreement, the Privacy Policy or any applicable Rules shall not affect TNA Mobile’s right to enforce any provision of this Agreement, the Privacy Policy or any applicable Rules 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.

All covenants, agreements, disclaimers, limitations, representations and warranties made in this Agreement, the Privacy Policy or any applicable Rules, as may be amended by TNA Mobile from time to time, shall survive your acceptance of this Agreement, the Privacy Policy or any applicable Rules, the termination of your use of TNA Mobile, and the termination of your use of the Services.

To the extent that anything in or associated with the Website and/or Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. No relationship other than that of a service provider and customer shall be created through operation of this Agreement.

22. Legal Warning. Any attempt by any individual, whether or not an TNA Mobile member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Website and/or Service, is a violation of criminal and civil law and TNA Mobile will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

23. Contact Information.

You may reach a TNA Mobile customer service representative by:

- - sending an e-mail to: help @ myTNA.tv

- - calling: 1(800) 419-6405

- -sending postal mail to: TNA Mobile, 42 Corporate Park, Irvine, CA 92606




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