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 WhyEquals and ReK2. This Agreement explains our obligations to you, and your obligations to us in relation to the ReK2 Service. Company reserves the right to modify these Terms, in whole or in part, at any time. Changes to these Terms will be effective when posted. Your use of Site, your subscription to a new Subscription Plan and/or if you maintain your existing Subscription Plan shall evidence your acceptance of the changes to these Terms and shall constitute your agreement to be bound thereby.
WhyEquals provides mobile information content, such as local tips, advertising and other information data via the Internet, SMS, IVR to certain compatible mobile devices (the "Service" or the "ReK2 Service"). You acknowledge and agree that Service is for your personal use on the mobile device designated during the Registration. You agree that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of Service. You may not, or attempt to (or otherwise authorize, encourage or support others' attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with Service.
Company offers through its Service free access to a limited area. Company also offers through its Service premium access for a varying numbers of days ("Plan"). To view Plans Company offers, please review the Site or contact 1-888-885-8548. The details of Plan (number of days, prices, and benefits available as part of Plan) are incorporated into this Agreement by this reference and form part of the terms of this Agreement. All terms and conditions of this Agreement shall govern Plan. After you have signed up for Plan, you may receive an SMS receipt with the details Plan, or to inquire the details of Plan contact 1-888-885-8548.
Plan between you and Company shall begin when Company, upon your request, has provided you with access to premium service (such access may be based on data that Company deems sufficient for your identification such as your mobile telephone number and locations). Access to Service can be provided by delivering to you mobile content of the content category you subscribed to (e.g., by delivering tips from peers). The subscription period for each Plan is set forth in Site. Plan shall remain in effect until terminated and/or canceled by you or Company according to Section 8 of this Agreement.
Plan includes a certain defined number of days and areas that entitle you to receive and/or access a larger amount of mobile content for a flat fee. The provision of days and areas and the making available of the possibility to receive and/or access mobile content is offered for a flat fee. The flat fee shall become due for every Plan period irrespective of whether or not you actually receive any content during any particular subscription period; the consideration for the flat fee shall solely be the periodic provision of the right to receive and/or access mobile content, in other words the making available of the respective content.
Company requires you to reply to at least one-third of all SMS sent to you within any given month, whether you use free access to Service or through Plan. Company has the right to suspend your account and refuse any and all future use of Service (or any portion thereof) if you fail to comply.
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.
You agree to release, indemnify, defend and hold harmless WhyEquals, its parent companies, subsidiaries, and affiliates, together with their respective officers, directors, shareholders, contractors, agents, employees, licensors and assigns from and against all liabilities, claims, damages, costs and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with (a) your use of Site and its Service; (b) your failure to use Site; (c) your breach or alleged breach of this Agreement; (d) your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties , and (e) the breach by you of your representations and warranties set forth herein.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. WE EXPRESSLY DISCLAIM 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. COMPANY MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT COMPANY'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, COMPANY, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
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 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 Service, other than the rights expressly granted in this Agreement.
The amount of the fees for the Subscription Plan to Service are identified and available as described above in Section 2(b). You agree to pay Company the fee that corresponds to the Subscription Plan you select in accordance with the fees in effect at the time of your order. All fees are due immediately and are non-refundable, except as otherwise expressly noted.
To cancel your Plan, send a text message with the text "STOP" to the telephone number assigned to you. The termination shall become effective immediately but you will still be liable for any fees you have already paid.
You agree that Company, at its sole discretion, may at any time terminate your use of Service and Plan or individual services provided via Service, if Company believes that you have violated or acted inconsistently with this Agreement. You further agree that Company has the right to immediately terminate your use of, or access to, this Site at any time if Company decides at its sole discretion that you have breached any term or condition of this Agreement or any relevant law, rule or regulation or you have engaged in conduct that WhyEquals considers to be inappropriate or unacceptable.
You agree that upon termination of your access to 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 Service. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to Service. If you cancel your account or Plan for any reason, Company will not refund any of your fees paid to date, except as expressly provided in this Agreement.
Our customer service department can be reached at P: 1 (888) 885-8548 or firstname.lastname@example.org.
Company may serve notices related to this contract by posting them on the Site or by sending them to the postal address or e-mail address you have given to Company or as a text message to your mobile telephone number associated with your account. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Site or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.
Effective Date: April 15, 2010
Service does not share your personal information with 3rd parties or affiliates without your consent. Service also takes great precautions to keep the content you share with us safe and private unless Service deems the information newsworthy and a matter of public concern. Service will not allow third parties to contact you without your consent. From time to time, Service will send you information about goods and services or personalized offers or tips. You will receive this information only if you choose to opt-in to Service. We may also ask for comments on how to improve Service or third party services or programs. In order to do so, your information may be securely shared internally or with said third parties, who perform these services on our behalf or vice versa, or safely stored in countries other than were collected. You can easily stop this type of communications at any time by contacting the administrator at email@example.com.
If you have any other question about our service, email firstname.lastname@example.org
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