Wireless Terms & Conditions
WNBA MOBILE TERMS OF SERVICE ("Terms")
WELCOME TO WNBA MOBILE! These Terms constitute a legal agreement (the �Agreement�). Please read them carefully.
IMPORTANT: BY PROCEEDING WITH THE COMPLETION OF YOUR PURCHASE OF A SINGLE DOWNLOAD OR A SUBSCRIPTION OF DOWNLOADS OR BY REGISTERING FOR WNBA MOBILE ALERTS, YOU AGREE WITH THE FOLLOWING TERMS OF SERVICE AND ACCEPT THE TERMS OF THIS AGREEMENT AS SET FORTH BELOW.
WNBA Mobile (the �Service�) consists of content located on http//www.wnba.com/mobile (the �Web Site�) and http://wap.wnba.com (the �WAP Site�) The Web Site is operated by WNBA Enterprises, LLC (the �WNBA�) in conjunction with m-Qube, Inc. (�m-Qube�). The WAP Site is operated by the WNBA in conjunction with Entriq Corporation (�Entriq�).
The Service may include materials owned by third parties and posted on the Service by virtue of a license, grant or some other form of agreement between the third party and the WNBA. By (1) by downloading mobile content to your Mobile Device (as defined below) whether such content is available for free, for a one-time, non-recurring charge or through a subscription package (each a "Download"); OR (2) signing up to receive WNBA Mobile Alerts (the �Alerts�) via your Mobile Device or the Service, you (a) represent that you have read and understood this Agreement and agree to be bound by its terms and conditions; (b) represent that you are at least eighteen (18) years of age and either are the subscriber or have the consent of the subscriber of a participating wireless services provider (each, a �Carrier�) to sign-up for and use the Service described in this Agreement; and (c) agree on behalf of yourself or the subscriber to be bound by the terms and conditions of this Agreement.
In this Agreement, "you" and "your" refer to each customer (including the subscriber of a Carrier on whose behalf you are entering into this Agreement) and his or her agents, and "we", "us" and "our" refer collectively to the WNBA, m-Qube and/or Entriq, as applicable. This Agreement explains our obligations to you and your obligations to us in relation to the Service.
1. Description of WNBA Mobile Service
The WNBA provides downloadable mobile entertainment content, such as ringtones, games, graphics, news and other information data via the internet, SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices. You acknowledge and agree that the Service is for your personal use and may be used only on the mobile device designated during the Download or registration process (�Mobile Device�). You agree that you may not otherwise transmit, broadcast, upload to any computer or other mobile device, create derivative works of, or make commercial use of the Service, including, but not limited to, any Download(s) or Alert(s). 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 the Service, including, but not limited to, any Download or Alert. The WNBA makes no representation as to the compatibility of your Mobile Device with the Service, and you acknowledge and agree that the WNBA shall have no liability for the compatibility or non-compatibility of your Mobile Device with the Service. All terms and conditions of this Agreement shall govern all purchases or subscriptions to Downloads and Alerts, and all transaction details relating to each purchase or subscription to Downloads and/or Alerts shall be incorporated into this Agreement by this reference.
2. Registration and Access to the Service
(a) Access to the Service. In order to use the Service, you must have a mobile communications subscription with a Carrier (or otherwise have access to a mobile communications network for which the WNBA makes the Service available) as well as any Carrier services necessary to download content to your Mobile Device (e.g., T-Mobile's T-Zones� services). There may be service fees associated with certain Carrier services necessary to download content. Please contact your participating Carrier for details. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset 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 the WNBA's operations. Any equipment or software causing interference with the WNBA�s operations and/or the Service shall be subject to immediate disconnection from the Service by the WNBA, and the WNBA 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 offered by the WNBA, including the release of new wireless products and services, shall be subject to the terms and conditions of this Agreement.
(b) Registration Data. If you opt to register for any portion of the Service on the Web Site or the WAP Site, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the WNBA has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, the WNBA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You acknowledge and agree that we may rely on the Registration Data to send you important information and notices regarding your account and our Services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your account. You further agree that we (ourselves or through third party service providers) are authorized to verify such Registration Data.
(c) Username and Password. If you opt to register for any portion of the Service on the Web Site or the WAP Site, you may be required to establish an account and obtain a username and password. You authorize us to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify us of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your username and password. In no event will we be liable for the unauthorized use or misuse of your username and/or password. The WNBA may need to change usernames allocated to certain of its products and services and reserves the right to do so. You will be informed if this it becomes necessary to change your username.
(d) Access without Registration. We may provide you with access to some products and services without you having to register as a user, such as signing up for Alerts via SMS. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.
(e) License to Downloads and Alerts. You acknowledge and agree that the Downloads and Alerts made available as part of the Service are owned by the WNBA, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. The WNBA 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 Downloads, the Alerts and the Service on your 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 Downloads and Alerts 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.
Upon a termination of this Agreement, you agree to immediately remove all downloaded mobile entertainment content from your wireless communications device.
(f) Interruptions or Discontinuation of Service. The WNBA reserves the right at any 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 the WNBA, we will cancel your subscription (if any) and, as your sole remedy, reimburse any pre-paid fees related to such Service for any services that have not been rendered, except for any termination of the Service (or any portion thereof) made in accordance with this Agreement.
(g) Third Party Products and Services. We may make available or provide access to products and services of independent third parties either directly or via links to websites operated by such third parties. Such products or services shall be purchased and/or obtained directly from such third party. You acknowledge and agree that THE WNBA SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES.
3. Privacy
See the NBA.com Network Privacy Policy, located on this Web Site, for an explanation of our collection of and use of personal information under this Agreement: http://www.wnba.com/basics/privacy_policy.html.
4. Indemnification
You agree to release, indemnify, defend and hold harmless WNBA Enterprises, LLC, the Women�s National Basketball Association, its teams, and each of their respective affiliated entities, owners, directors, governors, officers, employees and agents from and against 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.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
The WNBA is not responsible for incomplete, lost, late, damaged, illegible or misdirected e-mail or 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. The WNBA 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 WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE WNBA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The WNBA 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). The WNBA assumes no responsibility for undeliverable emails or mobile messages resulting from any form of active or passive email or mobile filtering by a user's internet service provider / mobile provider and/or email client or for insufficient space in user�s email or mobile phone account to receive email or messages. The WNBA 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 WNBA corrupt the administration, security or proper operation of the program. In the event of termination, a notice will be posted on-line. The WNBA 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 the WNBA, in its sole discretion. All federal, state and local laws and regulations apply.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S) AND/OR ALERT(S), IS SOLEY 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 WE 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. WE MAKE 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 THE WNBA'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, THE WNBA, ITS LICENSORS AND CONTRACTORS (INCLUDING M-QUBE AND ENTRIQ AND ANY OTHER THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE WNBA 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.
6. 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 the Service, including without limitation any Download or Alert ("Intellectual Property Rights"), are owned by the WNBA or its licensors, and you agree to make no claim of interest in or ownership of any such Intellectual Property Rights. You acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service (or any part thereof), other than the rights expressly granted in this Agreement.
7. Objectionable or Explicit Content
You and the owner of the Mobile Device acknowledge and agree that the WNBA is not liable to anyone for any content or materials constituting all or part of any Download or Alert or any other aspect of the Service that anyone might find objectionable or contain explicit sexual content, and you and the owner of the Mobile Device release the WNBA from any and all liability related thereto.
8. Fees/Subscription Period
The amount of the subscription fees for monthly Downloads and the Alerts are identified and available on the Web Site or the WAP Site. Prices for any individual Downloads are located next to the display for each content item on the Web Site or the WAP Site and/or displayed at the point of sale. You agree to pay your Carrier the fee that corresponds to the Downloads or Alerts you select in accordance with the fees in effect at the time of your order or registration. Unless otherwise indicated, the charges shall be invoiced on the bill from your Carrier. All subscription fees for the Downloads and the Alerts, as applicable, are subject to change upon notice from the WNBA. The WNBA will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you will have 14 days from the date of such notice to cancel your applicable subscription plan, which will be effective at the end of the billing period in which you gave your cancellation. All fees are due immediately and are non-refundable, except as otherwise expressly noted.
Each subscription period for monthly Downloads and for Alerts is one (1) month. Each subscription for monthly Downloads and/or Alerts shall remain in effect and you shall be obligated to pay for such subscription until cancelled by you in accordance with Section 9 of this Agreement or terminated by the WNBA in accordance with this Agreement.
9. Cancellation of Subscriptions
To cancel your Alerts or any subscription for monthly Downloads, send a text message with the text �STOP� to 4WNBA (Shortcode: 49622) (or such other number as may be designated on our Site), or go to the designated page on the Web Site, or contact 1-866-626-2823. The cancellation shall become effective at the end of the billing period in which you gave your notice of cancellation. If you cancel your subscription to the Alerts, Downloads or any other subscription service for any reason, the WNBA will not refund any of your fees paid to date.
10. Termination of Services
You hereby agree that the WNBA, at its sole discretion and without notice to you, may at any time terminate your use of the Service or individual services provided via the Service and/or change its content offering made available through the Service, if the WNBA believes that you have violated or acted inconsistently with any of the terms of this Agreement. You agree that upon termination of your access to the Service, the WNBA 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 the WNBA shall not be liable to you or any third party for any termination of your access to the Service.
11. Miscellaneous Provisions
(a) Notices. Except as expressly provided otherwise herein, all notices to the WNBA shall be in writing and delivered to:
WNBA Enterprises, LLC
645 Fifth Avenue
New York, NY 10022
Attn: General Counsel
The WNBA shall serve notices related to this contract by posting them on the Web Site or by sending them to the postal address or e-mail address you have given to the WNBA 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 Web Site or sent by e-mail or as a text message shall be deemed received on the first business day following the day when they were posted or sent.
(b) Severability. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
(c) Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
(d) 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.
(e) Governing Law. This Agreement and any disputes relating to this Agreement or the Service will be governed by the laws of the State of New Jersey, United States of America, without regard to its principles of conflicts of laws. Any claim relating to this Agreement or the Service shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the City of Newark, State of New Jersey, United States of America, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. The WNBA will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
(f) Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of the WNBA. The remedies of the WNBA under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
(g) Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
(h) Survival. In the event this Agreement terminates as provided herein, Sections 2(b), 2(d), 2(e), 3, 4, 5, 6, 8 and 11 of this Agreement shall survive such expiration or termination.
12. Mobile Help and Frequently Asked Questions (FAQ)
For additional help and answers to some of your questions, please click on the link here to go to our Mobile Help page. Any questions or comments regarding the Downloads or Alerts can be directed to us using our Support Form.
LAST UPDATED: 5/21/2007
Copyright 2007 WNBA Enterprises, LLC All rights reserved.
NOTICE
The WNBA reserves the right at any time and from time to time to amend, supplement or modify the terms of this Agreement (the �Amendments�). We will post or display notices of material Amendments on the Web Site. Once the WNBA posts such Amendments on the Web Site, these Amendments become effective immediately and if you continue to use the Service after the Amendments become effective, such use will signify your agreement to be bound by such Amendments.
WELCOME TO WNBA MOBILE! These Terms constitute a legal agreement (the �Agreement�). Please read them carefully.
IMPORTANT: BY PROCEEDING WITH THE COMPLETION OF YOUR PURCHASE OF A SINGLE DOWNLOAD OR A SUBSCRIPTION OF DOWNLOADS OR BY REGISTERING FOR WNBA MOBILE ALERTS, YOU AGREE WITH THE FOLLOWING TERMS OF SERVICE AND ACCEPT THE TERMS OF THIS AGREEMENT AS SET FORTH BELOW.
WNBA Mobile (the �Service�) consists of content located on http//www.wnba.com/mobile (the �Web Site�) and http://wap.wnba.com (the �WAP Site�) The Web Site is operated by WNBA Enterprises, LLC (the �WNBA�) in conjunction with m-Qube, Inc. (�m-Qube�). The WAP Site is operated by the WNBA in conjunction with Entriq Corporation (�Entriq�).
The Service may include materials owned by third parties and posted on the Service by virtue of a license, grant or some other form of agreement between the third party and the WNBA. By (1) by downloading mobile content to your Mobile Device (as defined below) whether such content is available for free, for a one-time, non-recurring charge or through a subscription package (each a "Download"); OR (2) signing up to receive WNBA Mobile Alerts (the �Alerts�) via your Mobile Device or the Service, you (a) represent that you have read and understood this Agreement and agree to be bound by its terms and conditions; (b) represent that you are at least eighteen (18) years of age and either are the subscriber or have the consent of the subscriber of a participating wireless services provider (each, a �Carrier�) to sign-up for and use the Service described in this Agreement; and (c) agree on behalf of yourself or the subscriber to be bound by the terms and conditions of this Agreement.
In this Agreement, "you" and "your" refer to each customer (including the subscriber of a Carrier on whose behalf you are entering into this Agreement) and his or her agents, and "we", "us" and "our" refer collectively to the WNBA, m-Qube and/or Entriq, as applicable. This Agreement explains our obligations to you and your obligations to us in relation to the Service.
- Description of WNBA Mobile Service
- Registration and Access to the Service
- Privacy
- Indemnification
- Disclaimer of Warranties and Limitation of Liabilities
- Intellectual Property Rights
- Objectionable or Explicit Content
- Fees/Subscription Period
- Cancellation of Subscriptions
- Termination of Services
- Miscellaneous Provisions
- Mobile Help/FAQ�s
1. Description of WNBA Mobile Service
The WNBA provides downloadable mobile entertainment content, such as ringtones, games, graphics, news and other information data via the internet, SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices. You acknowledge and agree that the Service is for your personal use and may be used only on the mobile device designated during the Download or registration process (�Mobile Device�). You agree that you may not otherwise transmit, broadcast, upload to any computer or other mobile device, create derivative works of, or make commercial use of the Service, including, but not limited to, any Download(s) or Alert(s). 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 the Service, including, but not limited to, any Download or Alert. The WNBA makes no representation as to the compatibility of your Mobile Device with the Service, and you acknowledge and agree that the WNBA shall have no liability for the compatibility or non-compatibility of your Mobile Device with the Service. All terms and conditions of this Agreement shall govern all purchases or subscriptions to Downloads and Alerts, and all transaction details relating to each purchase or subscription to Downloads and/or Alerts shall be incorporated into this Agreement by this reference.
2. Registration and Access to the Service
(a) Access to the Service. In order to use the Service, you must have a mobile communications subscription with a Carrier (or otherwise have access to a mobile communications network for which the WNBA makes the Service available) as well as any Carrier services necessary to download content to your Mobile Device (e.g., T-Mobile's T-Zones� services). There may be service fees associated with certain Carrier services necessary to download content. Please contact your participating Carrier for details. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset 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 the WNBA's operations. Any equipment or software causing interference with the WNBA�s operations and/or the Service shall be subject to immediate disconnection from the Service by the WNBA, and the WNBA 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 offered by the WNBA, including the release of new wireless products and services, shall be subject to the terms and conditions of this Agreement.
(b) Registration Data. If you opt to register for any portion of the Service on the Web Site or the WAP Site, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the WNBA has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, the WNBA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You acknowledge and agree that we may rely on the Registration Data to send you important information and notices regarding your account and our Services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Service or your account. You further agree that we (ourselves or through third party service providers) are authorized to verify such Registration Data.
(c) Username and Password. If you opt to register for any portion of the Service on the Web Site or the WAP Site, you may be required to establish an account and obtain a username and password. You authorize us to process any and all account transactions initiated through the use of your username and password. You are solely responsible for maintaining the confidentiality of your username and password and must immediately notify us of any unauthorized use of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your username and password. In no event will we be liable for the unauthorized use or misuse of your username and/or password. The WNBA may need to change usernames allocated to certain of its products and services and reserves the right to do so. You will be informed if this it becomes necessary to change your username.
(d) Access without Registration. We may provide you with access to some products and services without you having to register as a user, such as signing up for Alerts via SMS. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.
(e) License to Downloads and Alerts. You acknowledge and agree that the Downloads and Alerts made available as part of the Service are owned by the WNBA, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. The WNBA 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 Downloads, the Alerts and the Service on your 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 Downloads and Alerts 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.
Upon a termination of this Agreement, you agree to immediately remove all downloaded mobile entertainment content from your wireless communications device.
(f) Interruptions or Discontinuation of Service. The WNBA reserves the right at any 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 the WNBA, we will cancel your subscription (if any) and, as your sole remedy, reimburse any pre-paid fees related to such Service for any services that have not been rendered, except for any termination of the Service (or any portion thereof) made in accordance with this Agreement.
(g) Third Party Products and Services. We may make available or provide access to products and services of independent third parties either directly or via links to websites operated by such third parties. Such products or services shall be purchased and/or obtained directly from such third party. You acknowledge and agree that THE WNBA SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES.
3. Privacy
See the NBA.com Network Privacy Policy, located on this Web Site, for an explanation of our collection of and use of personal information under this Agreement: http://www.wnba.com/basics/privacy_policy.html.
4. Indemnification
You agree to release, indemnify, defend and hold harmless WNBA Enterprises, LLC, the Women�s National Basketball Association, its teams, and each of their respective affiliated entities, owners, directors, governors, officers, employees and agents from and against 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.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
The WNBA is not responsible for incomplete, lost, late, damaged, illegible or misdirected e-mail or 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. The WNBA 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 WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE WNBA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The WNBA 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). The WNBA assumes no responsibility for undeliverable emails or mobile messages resulting from any form of active or passive email or mobile filtering by a user's internet service provider / mobile provider and/or email client or for insufficient space in user�s email or mobile phone account to receive email or messages. The WNBA 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 WNBA corrupt the administration, security or proper operation of the program. In the event of termination, a notice will be posted on-line. The WNBA 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 the WNBA, in its sole discretion. All federal, state and local laws and regulations apply.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S) AND/OR ALERT(S), IS SOLEY 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 WE 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. WE MAKE 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 THE WNBA'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, THE WNBA, ITS LICENSORS AND CONTRACTORS (INCLUDING M-QUBE AND ENTRIQ AND ANY OTHER THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE WNBA 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.
6. 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 the Service, including without limitation any Download or Alert ("Intellectual Property Rights"), are owned by the WNBA or its licensors, and you agree to make no claim of interest in or ownership of any such Intellectual Property Rights. You acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service (or any part thereof), other than the rights expressly granted in this Agreement.
7. Objectionable or Explicit Content
You and the owner of the Mobile Device acknowledge and agree that the WNBA is not liable to anyone for any content or materials constituting all or part of any Download or Alert or any other aspect of the Service that anyone might find objectionable or contain explicit sexual content, and you and the owner of the Mobile Device release the WNBA from any and all liability related thereto.
8. Fees/Subscription Period
The amount of the subscription fees for monthly Downloads and the Alerts are identified and available on the Web Site or the WAP Site. Prices for any individual Downloads are located next to the display for each content item on the Web Site or the WAP Site and/or displayed at the point of sale. You agree to pay your Carrier the fee that corresponds to the Downloads or Alerts you select in accordance with the fees in effect at the time of your order or registration. Unless otherwise indicated, the charges shall be invoiced on the bill from your Carrier. All subscription fees for the Downloads and the Alerts, as applicable, are subject to change upon notice from the WNBA. The WNBA will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you will have 14 days from the date of such notice to cancel your applicable subscription plan, which will be effective at the end of the billing period in which you gave your cancellation. All fees are due immediately and are non-refundable, except as otherwise expressly noted.
Each subscription period for monthly Downloads and for Alerts is one (1) month. Each subscription for monthly Downloads and/or Alerts shall remain in effect and you shall be obligated to pay for such subscription until cancelled by you in accordance with Section 9 of this Agreement or terminated by the WNBA in accordance with this Agreement.
9. Cancellation of Subscriptions
To cancel your Alerts or any subscription for monthly Downloads, send a text message with the text �STOP� to 4WNBA (Shortcode: 49622) (or such other number as may be designated on our Site), or go to the designated page on the Web Site, or contact 1-866-626-2823. The cancellation shall become effective at the end of the billing period in which you gave your notice of cancellation. If you cancel your subscription to the Alerts, Downloads or any other subscription service for any reason, the WNBA will not refund any of your fees paid to date.
10. Termination of Services
You hereby agree that the WNBA, at its sole discretion and without notice to you, may at any time terminate your use of the Service or individual services provided via the Service and/or change its content offering made available through the Service, if the WNBA believes that you have violated or acted inconsistently with any of the terms of this Agreement. You agree that upon termination of your access to the Service, the WNBA 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 the WNBA shall not be liable to you or any third party for any termination of your access to the Service.
11. Miscellaneous Provisions
(a) Notices. Except as expressly provided otherwise herein, all notices to the WNBA shall be in writing and delivered to:
WNBA Enterprises, LLC
645 Fifth Avenue
New York, NY 10022
Attn: General Counsel
The WNBA shall serve notices related to this contract by posting them on the Web Site or by sending them to the postal address or e-mail address you have given to the WNBA 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 Web Site or sent by e-mail or as a text message shall be deemed received on the first business day following the day when they were posted or sent.
(b) Severability. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
(c) Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
(d) 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.
(e) Governing Law. This Agreement and any disputes relating to this Agreement or the Service will be governed by the laws of the State of New Jersey, United States of America, without regard to its principles of conflicts of laws. Any claim relating to this Agreement or the Service shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the City of Newark, State of New Jersey, United States of America, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. The WNBA will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
(f) Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of the WNBA. The remedies of the WNBA under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
(g) Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
(h) Survival. In the event this Agreement terminates as provided herein, Sections 2(b), 2(d), 2(e), 3, 4, 5, 6, 8 and 11 of this Agreement shall survive such expiration or termination.
12. Mobile Help and Frequently Asked Questions (FAQ)
For additional help and answers to some of your questions, please click on the link here to go to our Mobile Help page. Any questions or comments regarding the Downloads or Alerts can be directed to us using our Support Form.
LAST UPDATED: 5/21/2007
Copyright 2007 WNBA Enterprises, LLC All rights reserved.
NOTICE
The WNBA reserves the right at any time and from time to time to amend, supplement or modify the terms of this Agreement (the �Amendments�). We will post or display notices of material Amendments on the Web Site. Once the WNBA posts such Amendments on the Web Site, these Amendments become effective immediately and if you continue to use the Service after the Amendments become effective, such use will signify your agreement to be bound by such Amendments.