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BE THE INTERRUPTION
BE THE INTERRUPTION

SMS Text Messaging Terms & Conditions

Introduction

Last Modified: February 18, 2021

PLEASE READ THESE SMS/TEXT MESSAGING TERMS & CONDITIONS CAREFULLY. BY COMPLETING THE SMS/TEXT MESSAGING OPT-IN FORM, YOU EXPRESSLY CONSENT TO RECEIVE NON-MARKETING AND MARKETING TEXT MESSAGES FROM VIRTUAL MEDIA ENTERTAINMENT, INC. (“VME”), INCLUDING TEXT MESSAGES MADE WITH AN AUTO DIALER, AT THE MOBILE PHONE NUMBER(S) YOU PROVIDE.

You may opt-out of these communications at any time by replying STOP to any text message from VME or by otherwise contacting VME as indicated below. You can receive help at any time by replying HELP to any text message from VME or by otherwise contacting VME as indicated below.  Consent to receive non-marketing or marketing text messages is not required to purchase any products or services from VME. Messaging and data rates may apply. By completing the SMS text Messaging Opt-In Form, you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of VME services.

Program Description

VME offers its text messaging program whereby VME, and any applicable service providers, will text message you to provide you with information regarding VME, its recording artists, products, services, events, announcements, and promotions (all of the foregoing the “VME SMS/Text Messaging Program”). VME and its service providers may, from time to time, use standard or an automatic telephone dialing system (“Auto dialer”) to deliver text messages to you under the VME SMS/Text Messaging Program. You agree that you will not use the VME SMS/Text Messaging Program for any illegal or unlawful purposes. No coverage may be bound or amended via text message or the VME SMS/Text Messaging Program.

Message Frequency

Under the VME SMS/Text Messaging Program, the number of VME text messages that you receive may vary depending upon the nature and type of content you opt-in to receive from VME.

Cost

VME does not impose a fee for you to receive text messages under the VME SMS/Text Messaging Program. However, standard message and data rates may apply to each text message sent or received in connection with the VME SMS/Text Messaging Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for applicable pricing plans and information.

Supported Carriers: Interruption

The VME SMS/Text Messaging Program should be available through your equipment or mobile device when the equipment or device is within the  operating  range  of  your  wireless  service  provider.  The VME SMS/Text Messaging Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the VME SMS/Text Messaging Program are available on all equipment/mobile devices, or through all wireless carriers. VME may, from time to time, in its discretion and without notice to you, limit the carriers that support the VME SMS/Text Messaging Program. Certain other carriers may not support the VME SMS/Text Messaging Program.

Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The VME SMS/Text Messaging Program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of VME’s control, and VME is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or  other communications malfunctions, errors  or  failures  of  any  kind,  errors  in transmission, traffic congestion, lost or unavailable  network connections,  telephone connections, wireless  phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause)  or failed, incomplete,  garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person’s equipment/wireless device relating to or potentially resulting from participating in or using the VME SMS/Text Messaging Program. If the VME SMS/Text Messaging Program is not available within your intended location, you agree that your sole remedy is to cease using the VME SMS/Text Messaging Program.

How to Opt-In

To opt-in to receive text messages from VME under the VME SMS/Text Messaging Program, complete the SMS/Text Messaging Opt-In Form and submit it to VME SMS/Text Messaging Program. VME will then send you a text message asking you to confirm your enrollment in the VME SMS/Text Messaging Program.

How to Opt-Out

To STOP receiving text messages from VME, text STOP to the ten-digit long 1-833-VME-HITS from which the text messages are being sent. You will then receive confirmation of your opt-out of the VME SMS/Text Messaging Program. You may also opt out by providing written notice to VME at:

Virtual Media Entertainment, Inc.
Attention: Legal
120 South 6th Street, Suite 9000
Minneapolis, MN 55402
USA

or by emailing VME at info@vmedia.com

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder’s permission to enter the mobile telephone number(s) that you provide and that you will  not  initiate  messages  to  the mobile  phone  of  any  other  person  or entity.  You  agree to maintain accurate, complete, and up-to date information with VME regarding your use of the VME SMS/Text Messaging Program, including, without limitation, notifying VME in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify VME in full for all claims, expenses, damages, and costs, including reasonable attorneys’ fees, related to or caused in whole or in part by your failure to notify VME if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.

Privacy

VME’s Privacy Policy is available on our website.

Support/Help

To request more information, text HELP to the ten-digit long 1-833-VME-HITS  from which the text messages are being sent. You may also receive assistance by providing written notice to VME at

Virtual Media Entertainment, Inc.
Attention: Legal
120 South 6th Street, Suite 9000
Minneapolis, MN 55402
USA

, or by emailing VME at info@vmedia.com or calling VME at 1-833-VME-HITS.

Eligibility

To receive VME text messages or enroll in the VME SMS/Text Messaging Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the VME SMS/Text Messaging Program, and authorized to incur any mobile message or data charges incurred by participating. VME reserves the right to require you to prove the foregoing to participate in the VME SMS/Text Messaging Program.

Changes to this SMS/Text Messaging Terms & Conditions

VME may revise, modify, or amend these VME SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to VME’s website. You agree to review these VME SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive VME text messages will indicate your acceptance of those changes.

Amendment; Termination of Text Messaging

VME may suspend or terminate your receipt of VME text messages if VME believes you are in breach of these VME SMS/Text Messaging Terms & Conditions. Your receipt of VME text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. VME reserves the right to modify or discontinue, temporarily or permanently, all or any part of VME text messages and the VME SMS/Test Messaging Program, for any reason, with or without notice to you.

Release: No Warranties; Limitation of Liability

By participating in the VME SMS/Text Messaging Program, you agree to release and hold harmless VME and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever which may occur in connection with the VME SMS/Text Messaging Program or your use thereof, and for any claims, matters, or disputes based on tort theory, violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.

THE VME SMS/TEXT MESSAGING PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. VME DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.

In no event shall VME be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the VME SMS/Text Messaging Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney’s fees or any damages arising out of or resulting from a statutory o regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty. To the extent this damage waiver is contrary to applicable law, your or any third party’s maximum recovery for any losses or damages whatsoever arising out of or resulting from the VME SMS/Text Messaging Program, or your use thereof, regardless of the theory of recovery, is $10.00.

Arbitration/Class Action Waiver

ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND VME ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND VME OR ANYONE ACTING ON YOUR BEHALF, OR THE VME SMS/TEXT MESSAGING PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE  RESOLVED  SOLELY  BY  ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES (“AAA RULES”) BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR STATE OF MINNESOTA PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND VME INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF  WARRANTY, AS WELL AS ALL  DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE: NO WARRANTIES; LIMITATION OF LIABILITY PROVISION.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. THIS PROVISION MUST CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § One et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ANY COURT HAVING JURISDICTION MAY ENTER ARBITRATOR. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS.

EITHER PARTY TO THIS AGREEMENT MAY COMMENCE ARBITRATION PROCEEDINGS BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN THE STATE OF IOWA, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.

The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims, matters, and disputes between you and VME alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.

Attorneys Fees

In the event of any claim, matter, or dispute between you and VME arising out of or relating in any way to these SMS/Text Messaging Terms & Conditions, any text messages between you and VME or anyone acting on your or VME’s behalf, or the VME SMS/Text Messaging Program, VME, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys’ fees  and the  ordinary  costs  and  expenses incurred  in resolving  the claim, matter, or dispute, including, without limitation, all arbitration related fees and expenses.

Applicable Law

The law of the State of Minnesota including its statutes of limitations and without reference to any conflict of laws principles, shall be  applied  to  any claim, matter, or dispute between the parties or when governing, constraining, or enforcing these SMS/Text Messaging Terms & Conditions, the VME SMS/Text Messaging Program, or any text messages between you and VME or anyone acting on your or VME’s behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.

Contacting VME

If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us by calling (800) 806-7486, by emailing VME at info@vmedia.com, or by mail at

Virtual Media Entertainment, Inc.
Attention: Legal
120 South 6th Street, Suite 9000
Minneapolis, MN 55402
USA