How to Participate: Remember that to participate in the WhereSinglesClicks Mobile
Program, you must have text messaging enabled on your phone, and subscribe to a
participating cell phone carrier.
Cost to Participate: WhereSinglesClick Mobile Program's
rates, standard messaging and
data fees may apply. Check your mobile plan for more details.
Find Your Carrier: The WhereSinglesClick 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. WhereSinglesClick
Mobile Program can not guarantee this program will work for all users.
Privacy: All mobile phone information we collect for this program is shared with
Agreement: By participating in WhereSinglesClicks Mobile Program, you are agreeing
to the terms and conditions presented
Program Duration: The WhereSinglesClicks Mobile Program is available beginning 11/15/2003
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.
information collected in connection with the Service, please refer to WhereSinglesClick’s
SMS Messaging: An SMS/text-message subscriber may stop participating and receiving
messages from the program by emailing
customer service. 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 the program.
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
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,
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
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 this Agreement.
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.