YouCanSwingIt MOBILE TERMS & CONDITIONS
How to Participate: Remember that to participate in the YouCanSwingIt.com Mobile
Program, you must have text messaging enabled on your phone, and subscribe to a
participating cell phone carrier.
Cost to Participate: YouCanSwingIt.com Mobile Program's rates,
standard messaging and data fees may apply. Check your mobile plan for more details.
Find Your Carrier: The YouCanSwingIt.com 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. YouCanSwingIt.com
Mobile Program can not guarantee this program will work for all users.
Help: At any time, may contact
Privacy: All mobile phone information we collect for this program
is shared with trusted partners.
Agreement: By participating in YouCanSwingIt.com Mobile Program,
you are agreeing to the terms and conditions presented here.
Program Duration: The YouCanSwingIt.com 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.
use of information collected in connection with the Service, please refer to YouCanSwingIt.com’s
SMS Messaging: An SMS/text-message subscriber may stop participating
and receiving messages from the program by emailing firstname.lastname@example.org.
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,
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 email@example.com
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 07/19/2008