MOBILE TERMS & CONDITIONS
How to Participate: Remember that to
participate in the wherepeoplemeet Mobile Program, you must have text messaging
enabled on your phone, and subscribe to a participating cell phone carrier.
Cost to Participate: wherepeoplemeet Mobile Program's
rates, standard messaging and data fees may apply.
Check your mobile plan for more details.
Find Your Carrier: The wherepeoplemeet Mobile Program
is compatible with AT&T, Sprint, T-Mobile, Nextell, ALLTEL, Dobson, Boost and
Verizon Wireless phones. To participate, the recipient?s phone must to be text message-enabled.
wherepeoplemeet Mobile Program can not guarantee this program will work for all
Help: At any time, may contact
email@example.com for additional
Privacy: All mobile phone information we collect for
this program is shared with trusted partners.
Agreement: By participating in wherepeoplemeet Mobile
Program, you are agreeing to the terms and conditions presented here.
Program Duration: The wherepeoplemeet Mobile Program
is available beginning 11/15/03 through 11/15/2013
USA: Currently, the Service is only available to residents
of the United States. You understand and acknowledge that you may not sign up for,
access, or attempt to access or use the Service from countries outside of the U.S.
You agree to abide by U.S. and other applicable export control laws and not to transfer,
by electronic transmission or otherwise, any content or software subject to restrictions
under such laws to a national destination or person prohibited under such laws.
Keep it in the States.
wherepeoplemeet?s use of information collected in connection with the Service, please
SMS Messaging: An SMS/text-message subscriber may stop
participating and receiving messages from the program by emailing
Aff@elitefitnesssingles.com. The words
?END,? ?CANCEL,? ?UNSUBSCRIBE? and ?QUIT? are also opt-out words associated with
this program. Subscribers in need of assistance must send the keyword ?HELP? to
Client is not responsible for incomplete, lost, late, damaged, illegible or misdirected
mobile messages or for any technical problems, malfunctions of any telephone lines,
computer systems, servers, providers, hardware/software, lost or unavailable network
connections or failed, incomplete, garbled or delayed computer transmission or any
combination thereof. Client is not responsible for any liability for damage to any
computer system resulting from participation in or accessing or downloading information
in connection with this program. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY
DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION
OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, CLIENT RESERVES THE RIGHT
TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Client reserves the right at its sole discretion to disqualify or restrict access
from any individual who tampers with the program process. In the event of a dispute
regarding any entry, the entry will be deemed made by the authorized account holder
of the internet address submitted at the time of entry (i.e., the natural person
who is assigned to an e-mail address by an Internet access provider, on-line service
provider or other organization responsible for assigning IP addresses for the domain
associated with the action). Client assumes no responsibility for undeliverable
mobile messages resulting from any form of active or passive mobile filtering by
a user's mobile provider or for insufficient space in user?s mobile phone account
to messages. Client reserves the right, in its sole discretion, to cancel or suspend
this program should a virus, bugs, or other causes beyond the control of the Client
corrupt the administration, security or proper operation of the program. In the
event of termination, a notice will be posted on-line. Client reserves the right
to modify the promotion or disqualify participants if fraud, misconduct or technical
failures destroy the integrity of the program as determined by Client, in its sole
discretion. All federal, state and local laws and regulations apply.
BY USING CLIENT, (?CLIENT?) SOFTWARE PRODUCT (THE ?PRODUCT?), YOU ARE AUTOMATICALLY
AGREEING TO AND SHOW THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS
CONTAINED WITHIN THIS FREEWARE SOFTWARE LICENSE AGREEMENT (THE ?AGREEMENT?). BY
CLICKING THE ACCEPTANCE BUTTON FOR THE PRODUCT, YOU ARE CONSENTING TO BE BOUND BY
AND BECOME A PARTY TO THIS AGREEMENT AS THE ?LICENSEE?. AFTER CLICKING THE ACCEPTANCE
BUTTON, YOUR CONTINUED USE OF THE PRODUCT INDICATES YOUR CONTINUED ACCEPTANCE OF
THIS AGREEMENT. IF YOU DO NOT CLICK THE ACCEPTANCE BUTTON, YOU MAY NOT USE THE PRODUCT.
THIS AGREEMENT IS SUBJECT TO CHANGE BY CLIENT AT ANY TIME WITHOUT NOTICE. ALL RIGHTS
TO USE THE PRODUCT ARE GRANTED ON THE CONDITION THAT SUCH RIGHTS ARE FORFEITED IF
LICENSEE FAILS TO COMPLY WITH THE AGREEMENT.
1. Fees. The Product is provided at this rate.
The Product is only available via mobile WAP.
2. License Agreement. Subject to the terms and conditions
of this Agreement, Client grants Licensee a limited, revocable, non-exclusive and
non-transferable license-at-will (the ?License?) to reproduce (solely as necessary
to use the Product) and use the executable code version of the Product, provided
any copy must contain all of the original proprietary notices. Nothing in this License
will entitle Licensee to receive from Client hard-copy documentation, technical
support, telephone assistance, or updates to the Product. Client may terminate this
Agreement at any time, for any reason or no reason, with or without notice, and
without any obligation to Licensee. Upon termination, Licensee agrees to destroy
all copies of the Product.
3. Restrictions. Licensee may not: (i) modify, revise,
translate or create any derivative works of the Product or supporting documentation;
(ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the
source code for the Product; (iii) redistribute, sell, rent, lease, sublicense,
or otherwise transfer rights to the Product; or (iv) remove or alter any proprietary
notices, legends, symbols or labels in the Product, including, but not limited to,
any trademark, logo, copyright.
4. Proprietary Rights. Title, ownership rights, and
intellectual property rights in the Product and all copies thereof shall remain
in and with Client or its assigns. The Product is protected by copyright and other
intellectual property laws and by international treaties. Licensee agrees to undertake
such steps as are necessary in order to protect the Product against unauthorized
copying or use.
5. User Conduct. You agree not to use the Product, or
any results from your use of the Product, to:
· Upload, transmit or communicate any data that is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
· Harm minors in any way;
· Impersonate any person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity;
· Forge headers or otherwise manipulate identifiers in order to disguise the origin
of any data transmitted to other users;
· Upload, transmit, access or communicate any data or information that you do not
have a right to transmit under any law or under contractual or fiduciary relationships;
· Upload, transmit, access or communicate any data that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
· Upload, transmit or communicate any data 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;
· Intentionally or unintentionally violate any applicable local, state, national
or international law, including any privacy laws of any applicable jurisdiction;
· ?Spam?, ?stalk? or otherwise harass another;
· Collect or store personal data or other information about other users or non-users;
· Intentionally make available spoofed files or files with information designed
to misidentify the actual content of the file.
6. Disclaimer of Warranty. THIS PROGRAM IS PROVIDED
'AS IS' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE
TO OPERATE ON AN UNINTERRUPTED BASIS, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE PROGRAM IS WITH LICENSEE. SHOULD THE PROGRAM PROVE DEFECTIVE, LICENSEE ASSUMES
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT WILL CLIENT, MOTOR SALES U.S.A., INC., AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, REPRESENTAITVES,
AFFILIATES, SUPPLIERS, AND ADVERTISING AGENCIES (COLLECTIVELY, THE ?CLIENT PARTNERS?)
BE LIABLE TO LICENSEE FOR DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DATA BEING RENDERED INACCURATE, LOSSES
SUSTAINED BY LICENSEE OR THIRD PARTIES, A FAILURE OF THE PROGRAM TO OPERATE WITH
ANY OTHER PROGRAMS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY
THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE)
UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE COLLECTIVE LIABILITY OF CLIENT AND/OR
CLIENT PARTNERS UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE
THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO LICENSEE.
8. U.S. Government Restricted Rights. The Product is
provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government
is subject to restrictions as set forth in subparagraph (b)(3) of The Rights in
Technical Data clause of DFARS 252.227-7013; subparagraph (b)(3) of The Rights in
Noncommercial Computer Software and Noncommercial Software Documentation clause
of DFARS 252.227-7014; subparagraph (c) of DFARS 252.227-7103-5; subparagraph (a)
of DFARS 227.7202-3; or subparagraphs (c)(1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
9. Release. Licensee further agrees to release, discharge,
indemnify and hold harmless Client and Client Partners from and against any claims,
damages, expenses or liability arising from or related to any injuries, damages
or losses to any person or property of any kind resulting in whole or in part, directly
or indirectly, Licensee?s use of the Product, or use of Client? or Client Partners?
services, including, without limitation, Licensee?s breach of any terms or representations
contained in this Agreement or the use by Client or Client Partners of any of the
rights granted by Licensee.
10. Miscellaneous.This Agreement constitutes the entire
agreement between the parties concerning the subject matter hereof. This Agreement
will be governed by and construed in accordance with the laws of the state of California,
excluding that body of laws pertaining to conflict of laws. If any provision of
this Agreement is determined by a court of law to be illegal or unenforceable, such
provision will be enforced to the maximum extent possible and the other provisions
will remain effective and enforceable. All disputes relating to this Agreement are
subject to the exclusive jurisdiction of the courts of California and Licensee expressly
consent to the exercise of personal jurisdiction in the courts of California in
connection with any such dispute including any claim involving Client and/or the
Client Partners. A waiver by either party of any term or condition of this Agreement
or any breach thereof, in any one instance, shall not waive such term or condition
or any subsequent breach thereof. If any dispute arises under this Agreement, the
prevailing party shall be reimbursed by the other party for any and all legal fees
and costs associated therewith. Client shall have the right to modify this Agreement
from time to time. You understand and agree that your continued use of the Product
indicates your acceptance of any such modifications, which shall become a part of
11. Licensee Outside the U.S. If Licensee is located
outside the U.S., then the provisions of this Section 11 shall apply. The parties
confirm that this Agreement and all related documentation is and will be in the
English language. If the law of Licensee?s country, state, or province of residence
prohibit or limit Licensee?s ability to use the Product, then Licensee shall be
responsible for complying with such laws and agrees to indemnify Client and the
Client Partners against any breach. Licensee agrees that the Product will not be
shipped, transferred or exported into any country or used in any manner prohibited
by the United States Export Administration Act or any other export laws, restrictions
or regulations (collectively the "Export Laws"). In addition, if the Product
is identified as export controlled items under the Export Laws, Licensee represents
and warrants that he or she is not a citizen, or otherwise located within, an embargoed
nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North
Korea, and Serbia) and that Licensee is not otherwise prohibited under the Export
Laws from receiving the Product.
12. All questions concerning this Agreement shall be directed to
If you believe that your copyright or intellectual property has been infringed through
the use of this Site, please contact firstname.lastname@example.org. Updated last on