WELCOME TO SKYZONE, Powered by PLAYPHONE INC. These Terms constitute a legal "Agreement"; please read them carefully.
By completing the registration process on our website located at www.skyzonemobile.com or wapsite at http://wap.skyzone.playp.biz or any successor site hereto ("Website") OR by accessing our service via your mobile device by downloading mobile content to a mobile device (each a "Download"), you (1) represent that you are at least 13 years of age and have the consent of the subscriber of a participating mobile communications carrier to sign-up for and use the SkyZone Entertainment Service on behalf of the subscriber; and (2) agree on behalf of the subscriber and yourself to be bound by the terms and conditions of this Agreement. USERS UNDER EIGHTEEN (18) YEARS OF AGE REQUIRE PARENTAL PERMISSION BOTH TO COMPLETE THE REGISTRATION PROCESS ON THE WEBSITE AND TO DOWNLOAD MOBILE CONTENT.
In this Agreement, "you" and "your" refer to each customer (including the subscriber of a participating mobile communications carrier on whose behalf you are entering into this Agreement) and his or her agents, and "we", "us" and "our" refer collectively to SkyZone Entertainment Inc. ("Company" or "SkyZone Entertainment"). This Agreement explains our obligations to you, and your obligations to us in relation to the SkyZone Entertainment Service.
1. DESCRIPTION OF SKYZONE ENTERTAINMENT SERVICE
Company provides downloadable mobile entertainment content, such as ringtones, games, graphics, video, news and other applications via the internet, SMS, MMS, WAP, and other means of mobile content delivery to certain compatible mobile devices (the "Service"). You acknowledge and agree that the Service is for your personal use on the mobile device designated during the Download. You agree that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Service, including, but not limited to, any Download(s). You may not, or attempt to (or otherwise authorize, encourage or support others to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service, including, but not limited to, any Download(s).
2. ACCESS TO SERVICE
In order to use the Service, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Company makes the Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Company's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.
I. THE SERVICE
(a) You must be at least 13 to use the teen text chat services, and at least 18 to use Text Chat. The text chat services are monitored, but Company accepts no responsibility for actions taken by users of these services. Other charges may apply.
(b) Artist names are used for informational purposes only.
(c) Subscription Plans. Company is offering through its Service a bundle of credits for a defined number of individual Downloads (or, in some circumstances, individual Downloads) on a renewable subscription basis (the "Subscription Plan"). The following Subscription Plans are currently being offered by the Company. Additional plans may be added at Company discretion.
* 20 credits plan: 20 download credits for the first month of service (10 credits + 10 BONUS credits). For every month thereafter, users will receive 10 download credits. The rate for this service is $9.99 per month and will appear on your carrier phone bill.
The Subscription Plan between you and Company shall begin when Company, upon your request, has provided you with access to the Service (such access may be based on a personal username and password generated for that purpose or on other data that Company deems sufficient for your identification). Access to the Service can be provided by delivering to you downloadable mobile entertainment content of the content category you subscribed to (e.g., by delivering a ringtone or an info news - SMS) or by enabling you to download the product (e.g., by delivering a WAP-Push link or a PIN for download of the downloadable mobile entertainment content on Company website) or by providing access to the mobile entertainment content (e.g., by enabling MSISDN for this product). The subscription period is 1 month. The Subscription Plan and subscription period will be renewed each month and a new subscription fee shall become due for the concerned subscription period. The Subscription Plan shall remain in effect until terminated and/or cancelled by you or Company.
The SkyZone Entertainment Subscription Plans include a certain defined number of credits that entitle you to download, receive and/or access that defined number of individual downloads of mobile entertainment content for a monthly flat fee. After entering into your Subscription Plan, every month Company will transfer download credits to your account. The type and number of credits you are entitled to are dependent on the type of Subscription Plan you choose. The provision of credits and the making available of the possibility to download, receive and/or access mobile entertainment content is offered for a flat fee. The monthly flat fee shall become due every month irrespective of whether or not you actually download any content during any particular subscription period; the consideration for the monthly flat fee shall solely be the monthly provision of the right to download, receive and/or access downloadable mobile entertainment content. The number of credits for downloads shall be reduced by actual downloaded mobile entertainment content, in other words the download of mobile entertainment content is evaluated as redemption of one or more credits and thereby reduces the total number of downloadable mobile entertainment content you are entitled to download, receive and/or access during that particular subscription period. Depending on the type of your subscription, if you do not use/redeem all your credits within the subscription period (1 month), the unused credits will either (a) be rolled over into the next subscription period and remain in your account until used/redeemed or until expiration of such credits or termination of your subscription plan or (b) will expire at the end of the respective subscription period. Unused credits are not refundable, returnable or exchangeable and have no cash value. If you download mobile entertainment content in excess of the available credits in your account, then you will be prompted to purchase an additional plan or credits and be responsible for the additional applicable fees.
(d) For customer support, send an e-mail to support@allpp.com or call 866-661-2076
(e) Service and Content. Company, through the Company Site, permits you to purchase (the "Service") a non-exclusive, revocable, non-transferable, non-assignable, personal, limited license to
(i) download digital content-such as sound recordings, cellular phone wallpapers, cellular phone screensavers - ("Content") and
(ii) display or play, as the case may be, such Content on a single cellular phone (a "Device") owned by you in accordance with the terms and conditions as set forth in this Agreement.
By way of clarification, to "purchase" the Content means to purchase the above-referenced license to display or play the Content.
(f) Payments and Fees.
(i) Right to Change Prices and Availability of Content. Prices and availability of any Content are subject to change at any time.
(ii) Electronic Signatures and Contracts. Your use of the Service requires your ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENT AND TO PAY FOR PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
(iii) Nonpayment. If, at any time thereafter, you fail to pay any amount under this Agreement when due or are otherwise in breach or default under this Agreement, Company may, in its sole discretion, and without prejudice to its other rights, immediately terminate your use of the Service and revoke your license to the Content. Late payments hereunder will accrue interest at the rate of one and one half percent per month or the highest rate allowed by applicable law, whichever is lower.
(g) System Requirements. Use of the Service requires a compatible computer, compatible Device, Internet access (fees may apply), and certain software (separate fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service and Content involves hardware, software, and Internet access, your ability to use the Service and Content may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. In light of the foregoing, you acknowledge and agree that you will not be entitled to any refund for any Fees you pay for the Content if the Content is incompatible with your Device.
(h) Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
(i) Interruptions or Discontinuation of Service. Company reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you. If the Service, or any part thereof, for which you subscribe is permanently discontinued or canceled by Company we will cancel your Subscription Plan and reimburse any pre-paid fees related to such Service, except for termination made in accordance with Section 8 of this Agreement.
II. TERMINATION AND CANCELLATION OF SERVICES
To cancel your Subscription Plan, send a text message with the text “STOP SZ” to 77888, or such other number as may be designated on our Website, or, send an e-mail to support@allpp.com or contact 866-661-2076. The termination shall become effective at the end of the billing period in which you gave your notice of termination.
You agree that Company, at its sole discretion, may at any time terminate your use of the Service and Subscription Plan(s) or individual services provided via the Service and/or change its content offering made available through the Service, if Company believes that you have violated or acted inconsistently with this Agreement. You agree that upon termination of your access to the Service under any provision of this Agreement, Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or Subscription Plan for any reason, Company will not refund any of your fees paid to date, except as expressly provided in this Agreement.
III. YOUR REGISTRATION AND ACCOUNT
(a) Registration Obligations. In consideration for access to the Service, and to establish a Service account, you must provide Company with certain information ("Registration Data") requested on the registration form; inquiries marked "required" must be answered, and any other request for information may be left blank. You agree that the Registration Data you provide:
(i) is true, accurate, current and complete, and
(ii) will be maintained and updated by you to keep it true, accurate, current and complete.
Company reserves the right to terminate your use of the Service and refuse to provide you with any and all current or future use of the Service if Company, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete.
(b) Registry Information Download. As part of the registration process and once you have completed the information specified in (a) above, Company's software automatically collects certain information from your computer (including your Internet address, browser type, operating software, computer language and email type and other computer registry information). You will allow the Company software to obtain this information and not to manipulate or falsify such information.
(c) Account Security. You will be assigned a user name (typically your phone number) and password upon completing the registration process. You are responsible for maintaining the confidentiality of your user name and password and account number and are fully responsible for all activities, charges and/or liabilities that occur under your user name and password or account number whether or not authorized by you. You will immediately notify Company of any unauthorized use of your user name and password or account or any other breach of security. Company cannot, and will not, be liable for any loss or damage arising from your failure to comply with this section.
IV. YOUR RESPONSIBILITIES AND ACKNOWLEDGMENTS
(a) Compliance With Laws, Regulations and Requirements. You will not use the Service or Content for illegal purposes but will abide by and comply with
(i) all applicable local, state, national, and international laws and regulations in your use of the Service or Content (including laws regarding the transmission of technical data exported from the United States), and
(ii) all requirements, procedures, policies and regulations of networks connected to the Service.
(b) Non-Interference. You will not interfere with or disrupt
(i) the use and enjoyment of the Service by other users; or
(ii) the Service or servers or networks connected to the Service (including, without limitation, any attempt to gain unauthorized access to other computer systems or networks connected to the Service).
(c) Resale of the Content. You will not resell the Content or the use of or access to the Service.
(d) Report of Abuse. You will report any violations of the terms of this Agreement by other users of the Service of which you become aware by contacting Company at support@allpp.com.
(e) You acknowledge that some of the Content or communications on the Service may be offensive to you or to others who you may expose, deliberately or inadvertently, to the Content or the Service. The Company makes previews of the Content available on the Website, and you agree to be responsible for previewing any Content with which you may be unfamiliar prior to requesting a Download of such Content. You agree that you will be solely responsible for any aspect of the Service that you or others might find objectionable.
V. CONTENT USAGE RULES
(f) License to Download(s). You acknowledge and agree that the Download(s) made available as part of the Service are owned by Company, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. Company hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the mobile entertainment content downloaded on your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile entertainment content downloaded on your mobile device.
This Agreement will terminate immediately, without notice, if you fail to comply with any term or condition of this Agreement. Upon a termination of this Agreement, you agree to immediately remove all downloaded mobile entertainment content from your wireless communications device.
VI. COMPANY PROPRIETARY RIGHTS
All Content, including but not limited to text, software, music, sound, photographs, graphics, video, presented and/or licensed to you via the Service, is protected by intellectual property or other proprietary rights and laws. You are permitted to use this material and information only as expressly authorized by Company, and may not copy, reproduce, transmit, distribute, or create derivative works of such Content or information without express written authorization from Company in each instance.
The images appearing on this web site and in the offered products are for entertainment purposes only. The images are available for public access through sources regarding matters of public concern. None of the individuals depicted in the images have endorsed or consented to the use of their likeness on this web site or in the offered products.
VII. YOUR ACCESS TO VENDORS; THIRD PARTY LINKS; ACCOUNT ACCESS
(a) Third Party Links. Company is not responsible in anyway for, and does not guaranty the availability of, any email from or links to third party Web sites and resources which may be accessed through the Company Web site. In addition, Company does not endorse and is not responsible or liable for any content, advertising, goods or services, or other materials available on or from such Web sites or resources. Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods or services, or other materials on or available from such Web sites or resources.
(b) Infringer Policy. If you believe that any material available through the Company Web site infringes upon any copyright you own or control, or that any link on the Company Web site directs users to another Web site that contains material that you own or control, you may file a notification of such infringement with Company's Designated Agent. Please refer to the "Copyright Policy" and "Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement" set forth on the Company Web site at www.SkyZoneMobile.com.
(C) Intellectual Property Rights
Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("Company Intellectual Property Rights") are owned by Company or its licensors, and you agree to make no claim of interest in or ownership of any such Company Intellectual Property Rights. You acknowledge that no title to the Company Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.
VIII. PRIVACY AND SECURITY
You acknowledge that, in connection with the Service, the Company may collect and process "personal information" (that is, information that could be used to contact you, such as full name, postal address, phone number, or e-mail address), "financial information" (that is, credit card numbers, bank account information, or passwords), or "demographic and usage information" (that is, information that you submit, or that we collect, which is neither personal information nor financial information but necessary for the proper functioning and billing of our service, such as the date regarding the start and end and the extent of your usage of the service). We may pass on your personal information, financial information, and/or demographic and usage information to your mobile phone service provider, your credit card company, PayPal, or another payment facility you have designated in order to secure collection of fees, and such information collected by the Company may be stored and processed in the United States, or any other country in which the Company or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country, and you also consent to the Company using your personal information to contact you electronically, in writing, or otherwise to provide notices relating to your use of the Service and to give you information about the products and services offered by the Company and its affiliates. The Company may store your information as long as the user is a subscriber on this portal if that is required by law or contract. Furthermore, we may disclose your personal information, financial information, and/or demographic and usage information to law enforcement and other governmental agencies or instrumentalities for legal proceedings and the prevention of crimes, or to other third parties as may be required by law, statute, or regulation.
We take data security very seriously. We attempt to provide for the secure transmission of information from your computer or mobile device to our servers by utilizing generally accepted encryption software. However, due to the open nature of Internet communications, we cannot guarantee that communications between you and the Company will be free from unauthorized access by third parties. Users of the Website do so at their own risk. To prevent unauthorized access and maintain accuracy, the Website has in place reasonable physical, electronic, and managerial procedures to secure your personal information, financial information, and demographic and usage information. Employees with access to this information are required to follow our security protocols, which provided that such information, must be used only for the purpose of providing the Service to you. The Company periodically reviews and updates as appropriate these information access controls. Further detail www.skyzone.playp.biz/PrivacyPolicy.aspx.
IX. INDEMNITY
You agree to release, indemnify, defend and hold harmless Company, its parent company, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, employees, licensors and assignees from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.
(1) any intellectual property or other proprietary right of any person or entity,
(2) your violation of any of the provisions of this Agreement, or
(3) any information or data you supplied to Company, including, without limitation, any misrepresentation in your Registration Data, if applicable.
When Company is threatened with suit or sued by a third party, Company may seek written assurances from you concerning your promise to indemnify Company; your failure to provide those assurances may be considered by Company to be a material breach of this Agreement. Company will have the right to participate in any defense by you of a third-party claim related to your use of any of the Service, with counsel of Company's choice at its expense. Company will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Company against any claim, but you must receive Company's prior written consent regarding any related settlement. The terms of this Article will survive any termination or cancellation of this Agreement.
X. DISCLAIMER OF WARRANTIES
(a) YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE AND CONTENT.
(b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO WARRANTY:
(i) THAT THE CONTENT WILL WORK WITH YOUR DEVICE;
(ii) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(iii) REGARDING ANY CONTENT PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; OR
(iv) REGARDING ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE (DOWNLOADING OR ACCESS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT).
(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XI. LIMITATION OF LIABILITY
(a) COMPANY'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID DURING THE TERM.
(b) COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM
(i) THE USE OR THE INABILITY TO USE THE SERVICE OR CONTENT;
(ii) THE COST OF PROCURING SUBSTITUTE CONTENT AND SERVICE;
(iii) ANY CONTENT OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR
(iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. (d) COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR DEVICE OR PERSONAL COMPUTER CAUSED BY THE CONTENT.
(e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
XII. NOTICES AND ANNOUNCEMENTS
You authorize us to notify you of information that Company deems is of potential interest to you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters. All notices must be sent either in writing (including email, but only to the extent expressly provided herein). All written notices and refunds should be via snail mail to Company shall be delivered to SkyZone Entertainment, attn: Customer Service Refund Center 5126 Stevens Creek Blvd., # 174, San Jose, CA 95129, fax: (408) 261-6200. All notices to you will be delivered to your mailing address or email address as provided in your account information (as updated by you pursuant to this Agreement). Company may also provide notices of changes to this Agreement or any other matter by displaying notices to you generally on the Company Web site. Either of us may change its respective address by written notice delivered to the other party. All notices delivered in writing hereunder must be sent by either overnight courier or certified mail, return receipt requested.
XIII. TRADEMARKS
SkyZone™, PlayPhone™, the SkyZone™ and PlayPhone™ logos, and other Company trademarks, service marks, graphics, and logos used in connection with the Service and Content are trademarks or registered trademarks owned by SkyZone Entertainment, Inc. and PlayPhone, Inc., respectively in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service and Content may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. All references to the names and likeness of performing artists on the Company Site are for promotional purposes only.
XIV. E-MAIL NEWSLETTER
If you gave us your e-mail address when you registered, we may use it to send you via such e-mail address Company newsletters, product updates, service-related information, and other offers and information from Company or its business partners, and you hereby consent to such e-mails. Company also may contact you by e-mail to respond to any customer service inquiries you submit. We do not disclose your e-mail address to business partners or to anyone other than employees and agents working for or on behalf of Company, except as required by subpoenas, court orders, or legal requirements. We do not use your e-mail address to correlate your identity to your Internet usage paths. If you do not want to receive Company newsletters, offers, and product and service information, simply click the unsubscribe link at the bottom the e-mail address where such information is being sent.
(a) Promotions. The Company reserves the right to offer, from time to time and at its sole discretion, various sales and marketing promotions for limited periods of time. These promotions will be applicable only to new subscribers who subscribe to Service during the periods specified in the promotions. Furthermore, the Company reserves the right to withdraw a promotion at any time and without prior notice of any kind. If you accept Service under the terms of a promotion offered by the Company, once the promotion expires, you will automatically be charged the usual Monthly Subscription fee for the Service, unless you cancel your subscription to the Service before the expiration date provided in the promotion.
XV. GENERAL
(a) Entire Agreement. This Agreement comprises the entire agreement among you and Company and supersedes any prior agreements pertaining to the subject matter contained herein.
(b) Effect of Waiver. The failure of Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
(c) Governing Law and Jurisdiction. This Agreement will be governed by the laws of the State of California without regard to its conflict of law principles to the contrary. Neither party will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default under this Agreement, or otherwise arising under or by reason of this Agreement, other than in the state or federal courts located in Santa Clara County, State of California. Each party hereby irrevocably consents to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. Each party hereby waives any rights to trial by jury claim arising out of this Agreement and any related documents.
(d) Heading. The section headings and titles in this Agreement are for convenience only and have no legal or contractual effect.
(e) Force Majeure. Neither party will be deemed in default hereunder, nor will it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section
(i) will give the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and
(ii) will take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this paragraph extends for a period in excess of thirty (30) days in the aggregate, Company may immediately terminate this Agreement.
(f) Currently, the Service is only available to residents of the United States and Canada. 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. and Canada. You agree to abide by U.S., Canadian and other applicable export control laws and not to transfer, by electronic transmission, the Messaging Systems or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
(g) Assignment And Resale. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.
(h) Survival. Any provision in this Agreement that by its nature should survive the termination of this agreement shall continue to remain in full force and effect after the termination or expiration of this Agreement (e.g., indemnification, limitation of liability, disclaimer of warranties). I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.