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For the purpose of these terms and conditions, "KODIME" means KODIME Ltd, Stonebridge House,28-32 Bridge Street, Leatherhead, Surrey, KT22 8BZ, United Kingdom. KODIME is the technical provider of mobile related services as detailed below including SMS or MMS or Wap services and Ringtones and/or Visuals Services ("the Services"), which are being promoted to you by "PROMOTER" meaning NY Philharmonic SMS Alerts.

You have signed up to receive a one time event alert. This is a free service provided to you by New York Philharmonic Orchestra. Your operator may apply Message and Data Rates. You can cancel your one time alert by texting END, STOP, QUIT, CANCEL, and UNSUBSCRIBE (not case sensitve) to 72468

For HELP please visit our support page.

  1. "You", or "Your" refers to you, the customer and user of the Services. By using the Services You are deemed to have accepted these terms and conditions.
  2. News/Event Alert
    You have signed up to receive an alert for an upcoming event or a news service. Messaging & Data Rates May Apply. You can cancel your alert by texting END, STOP, QUIT, CANCEL, and UNSUBSCRIBE (not case sensitve) to 72468. For help please visit our support page.
  3. Vote, Quiz
    You can cast a Vote from your mobile phone by texting a specific keyword (e.g. VOTE), as advertised on air, in print or on a web site, followed by the a specific keyword to our designated shortcode (short number). An example would be VOTE YES sent to 72468 to vote. Voting keywords, shortcodes and times will vary and will be announced on air or shown in the publication or website.
  4. You may participate in a Quiz from your mobile phone by texting a specific keyword (e.g. QUIZ), as advertised on air, in print or on a web site, followed by the a specific keyword to our designated shortcode (short number). An example would be QUIZ YES sent to the shortcode to start the interactive quiz. Quiz details, keywords, shortcodes and times will vary and will be announced on air or shown in the publication or website.
  5. You may subscribe via your Mobile phone or via credit card or PayPal to regularly receive Mobile content information such as horoscopes, news alerts or other such content. An example would be HOROSCOPE YES sent to the shortcode to start the subscription. The content information, service information, subscription information including pricing and billing frequency will be announced on air or shown in the publication or website.
  6. SMS, MMS, Ringtones and/or Visuals, Visuals (Wallpapers, Screensavers, Logos) and other Mobile content
    KODIME is providing SMS and MMS and WAP services as described on air or in the publication or website, or in another text message. MMS and/or WAP Messages require a MMS compatible handset and a tariff that supports MMS and/or WAP - please check the handset compatibility
  7. You will be charged as advertised for the type of content you order or the type of activity you chose to participate in, for example a Vote by SMS, either to your phone bill or alternatively to your credit card or paypal account, where such alternatives are provided.
  8. If you signed up for any subscription type Services, you can cancel these at any time by texting PROMOTIONNAME STOP to our shortcode number as advertised, with PROMOTIONNAME being the specific keyword for the subscription service You signed up to originally. If you have difficulties unsubscribing, simply email us with your full mobile number at unsubscribe@kodime.com.
  9. SMS or MMS received whilst abroad will be charged at standard roaming price. Not all operators may support this service.
  10. Mobile Content is sent to you as you request it. Mobile Content is requested by You on a per ringtone/visual/game/service basis, or where provided and you subscribed, on a subscription basis. Once You have sent a message to the Mobile Content Service, you cannot cancel the first message response and you will be charged for that response, as advertised in the respective service offering. To unsubscribe from any subscription type Service, text PROMOTIONNAME STOP to our shortcode number as advertised, with PROMOTIONNAME being the specific keyword for the subscription service You signed up to originally. If you have difficulties unsubscribing, simply email us with your full mobile number at unsubscribe@kodime.com. You can unsubscribe at any time.
  11. Your handset must be WAP- (sometimes also called Internet) enabled to browse, access and download Mobile Content. To enable WAP on your handset, please contact your network operator. We recommend to use GRPS data service to connect to WAP and Internet as this service in most cases is faster and more reliable.
  12. Response Messages such as Quiz questions or Vote results are sent to you as you request them. Once You have sent a message to the Service, you cannot cancel the message response and you will be charged for that response, as advertised in the respective service offering.
  13. Copyright and other Intellectual Property:
    You may store the downloaded content on your device but must not copy, forward, edit modify or resell or otherwise commercially exploit the mobile content, unless this is a feature specifically enabled as part of the service, for example "send to a friend". You are licensed to use the downloaded Mobile Content personally, this license is not transferable.
  14. Charges:
    The charges for receiving a Mobile Content item or other content such as news or horoscope SMS and/or MMS or link messages to access WAP content are given by PROMOTER on air, in the publication or website. Any charges for the WAP session needed to access, browse and download the content are being charged at your standard network rate, for details on these costs please contact your network operator. We recommend to use GRPS data service to connect to WAP and Internet as this service in most cases is faster and more reliable.
  15. Payment protection:
    We consider fraudulent use of credit and debit cards and paypal accounts and SIM cards a considerable threat to lawful enterprise. We reserve the right to stop any transaction if we deem it to be fraudulent, and to pass on any personal information to any law enforcing authority. This includes but is not limited to your name, mobile number, address, IP number, email, contact telephone number.
  16. Handset Compatibility:
    Mobile Content purchased via the Mobile Content Service is only compatible with select handsets, of which we inform you at the point of purchase, for example the PROMOTER website - please carefully check the handset compatibility and/or selected make and model before you order. To receive and download any of our content and access WAP content your handset and network connection must be WAP/Internet enabled.
  17. Marketing:
    By using these services you agree that PROMOTER may send you occasionally free to receive messages about new offers. You can opt-out at any time from further receiving such free messages by replying with STOP to any such message or sending PROMOTIONNAME STOP to 72468.
  18. Refunds:
    In the unlikely event of you wishing to cancel this agreement, you may do so within 7 days of the order ("cancellation period"). This will take place by refunding the transaction on your credit or debit card, or refunding the cost of any premium SMS charged. Due to the nature of the product, once the Mobile Content has been downloaded or accessed to your device we cannot provide refunds unless it has been downloaded through a fault at our end. We will not refund any order errors caused by the following:

    - you have provided an incorrect phone number, or other incorrect information
    - your mobile does not support the ordered content
    - your message box or other memory component of your device is full
    - your mobile device is out of reach, or for some other reason can not be contacted

    If the product i.e. Mobile Content has been delivered it is deemed to be accepted and no cancellation of payment can take place. A successful delivery is deemed to be any order shown as dispatched on our systems, any order that has arrived on a customers mobile device. No refunds can be given when an order has been delivered using the above description of delivery as the product can not be returned except if the Mobile Content is materially different from the one ordered. No refunds can be given at any point for any Mobile Content provided to your specifications or requested by yourself.
  19. You acknowledge that any message or download material obtained from the SMS or MMS service or the Mobile Content Service is done at Your own risk and that KODIME is not endorsing or associating with any particular person or event that may be featured within the SMS or MMS service or the Mobile Content Service.
  20. You further acknowledge that You are only entitled to use the SMS or MMS service and the Mobile Content Service for lawful purposes, for Your own personal, private use and will not forward or send the SMS or MMS or Mobile Content to a third party or use the SMS or MMS services or the Mobile Content Service in breach of KODIME's or any third parties intellectual property rights in the SMS or MMS services or the Mobile Content Service.
  21. Components of the SMS and MMS services and the Mobile Content Service are supplied to KODIME by third parties and KODIME can make no promises, express or implied as to the services, including but not limited to, their accuracy, relevance, or quality. In addition, the SMS and MMS services and the Mobile Content Service are subject to the limitations of the enabling technology on which they are reliant and may be adversely affected by network performance and other operational factors beyond KODIME's control, including without limitation, congestion, network coverage, dropped connections, the performance of Your wireless device and the maintenance of secure network connections. KODIME accept no responsibility if You do not receive the SMS or MMS services or the Mobile Content Service for any of these reasons. These terms and conditions will not affect Your statutory rights.
  22. KODIME will not be liable to You in any way for failures, defects or delays in the delivery of the SMS or MMS services or the Mobile Content Service which are caused by one or more of the following reasons: (a) You have provided an incorrect phone number or other incorrect information before ordering any of the services; (b)Your phone does not support the SMS or MMS services or the Mobile Content Service; (c)Your message mail box is full and has no additional memory to receive the download or message; (d) Your phone is out of range or for some other reason cannot be contacted; (e) You accidentally erase a service provided to You. In no event shall KODIME be liable for indirect, incidental or consequential damages, including, without limitation, loss of income, data, or other information, even if KODIME has been advised of the possibility of such damages. In no event shall KODIME's liability exceed the price paid for the SMS or MMS services or the Mobile Content Service.
  23. The Services are available to all customers of Mobile network operators as listed on the Website and/or promotional materials.
  24. Charges for all the Services when ordered using SMS will be deducted from Your available credit time if You are a pre pay customer or appear on Your monthly statement if You are a pay monthly customer. Note the cost of sending an SMS to our Service is charged at your standard network rate, if not sure, please contact your Mobile network operator. You must obtain permission from the person who pays for your mobile phone service before purchasing any of the Services.
  25. All Services are available to O2, Orange, Vodafone, Virgin and T-Mobile customers in the UK and as indicated on the Website and/or promotional materials to other international operators. Customers on selected pre-pay tariffs may not be able to use the Services, please check with Your operator if in doubt.
  26. You recognize that the Services may, from time to time, be adversely affected by events outside KODIME's control. KODIME will make all reasonable endeavours to ensure the uninterrupted and timely supply of the Services and will take all reasonable steps at KODIME's expense to correct any error, omission or mistake, but will be under no liability for any error in, or delay in, or failure in transmission of the Services.
  27. KODIME will not be liable to You in any way for failures or delays in the delivery or provision of the Services which are caused by any restrictions imposed by your service provider on Your use of premium rate services.
  28. KODIME will not be liable to You in any way whatsoever for the Mobile Content delivered, the use of the content is at your own risk.
  29. You agree that Your personal data supplied when making an order for the Service may be used by KODIME to monitor the use of the Services and from time to time to evaluate if we can improve the Services for customers. We will ask you to opt-in before you receive additional communications in relation to the SMS or MMS Services, and your information will be used strictly in accordance with the given privacy policy.
  30. KODIME reserves the right to disclose information about You to applicable regulatory or government bodies where KODIME is required by law to disclose this information.
  31. From time to time KODIME may be required to amend these terms and conditions and reserve such right. By continuing to use the Services you will be deemed to have accepted the varied terms and conditions, which will be posted on this site. KODIME reserves the right to cancel, modify or supersede any of the Services if, in KODIME's sole discretion, the Services are not capable of being conducted as specified in these terms and conditions.
  32. If KODIME believes that there has been a breach of these terms and conditions KODIME reserves the right to immediately and without notice withdraw or bar any or all of the Services.
  33. These terms and conditions are governed by English law and are subject to the exclusive jurisdiction of the English courts.
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