T-Mobile Social Buzz End-User License Agreement

T-Mobile Social Buzz Supplemental Terms and Conditions

T-Mobile USA, Inc. (”T-Mobile”) is pleased to offer you, subject to the terms and conditions below, the T-Mobile Social Buzz, a web notification service (the “Social Buzz Service”). The Social Buzz Service is provided to you by Qualcomm iSkoot, Inc. (”iSkoot”) on T-Mobile’s behalf.

The Social Buzz Service is licensed to you by T-Mobile under these T-Mobile Social Buzz Supplemental Terms and Conditions (”Supplemental Terms”) and as a “Service” under the T-Mobile Terms and Conditions. The terms of your T-Mobile Services Agreement also apply to your use of the Social Buzz Service. These Supplemental Terms, the T-Mobile Terms and Conditions, and your Service Agreement and all other supplemental terms and conditions for other services are collectively referred to in these Supplemental Terms as the “Agreement.” If there is any conflict between the T-Mobile Terms and Conditions and these Supplemental Terms, the Supplemental Terms will control solely with respect to the Social Buzz Service. If you do not have a current copy of the T-Mobile Terms and Conditions, it is available at http://www.t-mobile.com. Unless otherwise defined in these Supplemental Terms, all capitalized terms will have the meanings assigned to them in the T-Mobile Terms and Conditions.

PLEASE READ THE AGREEMENT CAREFULLY BEFORE YOU PROCEED WITH THE REGISTRATION PROCESS BECAUSE IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND T-MOBILE. If you do not agree with the Agreement, you must not continue with the registration process and may not use the Social Buzz Service.

THE SOCIAL BUZZ SERVICE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SOCIAL BUZZ SERVICE, OR PROVIDE T-MOBILE OR ISKOOT WITH ANY PERSONALLY IDENTIFIABLE INFORMATION.

1. Acceptance. THE AGREEMENT STARTS WHEN YOU CLICK THE “ACCEPT” BUTTON ON YOUR DEVICE OR OTHERWISE USE THE SOCIAL BUZZ SERVICE. If you do not want to accept the Agreement, do not click the “ACCEPT” button and do not use the Social Buzz Service.
   
   
2. T-Mobile’s Rights to Make Changes. The Social Buzz Service is subject to all of T-Mobile’s business policies, practices, and procedures, which T-Mobile may change without notice. UNLESS EXPRESSLY PROHIBITED BY LAW, T-MOBILE MAY CHANGE OR MODIFY ANY TERMS IN THESE SUPPLEMENTAL TERMS AT ANY TIME. If T-Mobile makes a material modification to these Supplemental Terms (as determined by T-Mobile in its sole discretion), the modification will take effect 7 days after T-Mobile provides you with initial notification of the change. T-Mobile may provide you with such notice by sending notice via email or by posting the change on its website. All non-material changes will take effect immediately, unless these Supplemental Terms are amended to comply with legal requirements or the requirements of any third party provider of access to Online Content (defined below), which will become effective as required or ordered.
   
   Your continued use of the Social Buzz Services after a non-material change or notice of a material change in accordance with the previous paragraph constitutes your agreement to any T-Mobile changes to these Supplemental Terms. If you do not agree to the changes, you must discontinue your use of the Social Buzz Services.
   
   
   YOU SHOULD PERIODICALLY REVIEW THESE SUPPLEMENTAL TERMS AND CONDITIONS FOR CHANGES.
   
   
   
3. Social Buzz Service. The Social Buzz Service allows you to receive and send online messages (”Online Content”) through your personal accounts in web content services, such as web-mail services, RSS feeds and messaging services, to and from your Device. To use the Social Buzz Service, you must download a software application to your Device. During the initial setup, you will be asked to indicate your preferred messaging services from a list of available services (the “Preferred Services”) and to provide the access information, such as user name and passwords, to your accounts in those services. Your access information will be retained until the Social Buzz Service is canceled. At all times you may change your initial preferences. The Social Buzz Service will retrieve and aggregate Online Content from your Preferred Services and deliver highlights of the Online Content to your Device. You may then request to receive additional related information.
   
   
   Please note that content display may be affected by the applications, operating systems, screens and other measures and devices used in content processing and display. Consequently, the display of the Online Content on your Device may differ from the original display in lay-out, arrangement, color and font style, color and size.
   
   
4. License Grant. Subject to and conditioned upon your compliance with the terms and conditions of the Agreement, T-Mobile hereby grants you ONLY and you accept a non-exclusive, nontransferable, revocable license to use the Social Buzz Service, only as authorized in these Supplemental Terms, for your personal and non-commercial use on your Device. Your limited right of use will automatically expire upon termination or cancellation of these Supplemental Terms or the Agreement, by either party, for any reason.
   
   
   T-Mobile reserves all rights not expressly granted in the Agreement.
   
   
   
5. Your Responsibilities. You are solely responsible for your use of the Social Buzz Service. T-Mobile does not create, monitor, examine or inspect the Online Content delivered to or sent by you through the Social Buzz Service. T-Mobile, merely offers a platform for transferring Online Content from your messaging Social Buzz Services accounts to your Device, and is not responsible for such content’s accuracy or reliability. The Online Content may include links to third-party websites and content. The linked content is not under T-Mobile’s control and T-Mobile is not responsible whatsoever for the content of any such linked content. The Online Content does not represent or reflect any advice, views, opinions or beliefs of T-Mobile and T-Mobile does not endorse or claim any responsibility for the Online Content.
   
   
   You are fully accountable for the Online Content delivered to or sent by you through the Social Buzz Service and for any consequences resulting from your use of or reliance upon Online Content.
   
   
   
   You may not use the Social Buzz Service to transfer Online Content that T-Mobile or its service providers may reasonably deem to be: (a) infringing or violating intellectual property rights of other parties, including patents, copyrights, trademarks, Social Buzz Service marks and trade secrets; (b) identifying minors, their personal details or their address and ways to contact them; © encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws; (d) prohibited by any applicable law, including court restraining orders, to be published, disseminated, or otherwise made available to the public; (e) threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable; or (f) violating the then current terms of use for a Preferred Services.
   
   
   
6. Term. The Agreement is effective when you “accept” as provided in Section 1, above. Notwithstanding any remedies that may be available under any applicable law, T-Mobile may temporarily or permanently deny, limit, suspend, or terminate your use of the Social Buzz Service if T-Mobile believes that: (a) you have abused your rights to use all or any part of the Social Buzz Service; (b) you have breached this Agreement; © you have performed any act or omission that violates any applicable law, rules, or regulations; (d) you have performed any act or omission that is harmful or likely to be harmful to T-Mobile, or any other third party, including other users or suppliers of T-Mobile; or (e) you made use of the Social Buzz Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act.  Further, T-Mobile or its licensors may discontinue the availability of applicable Online Content or affected products or services to you without legal consequence if at any time T-Mobile or any of its licensors determines, in its sole but reasonable discretion, that (i) it does not have adequate rights to make any or all of the Online Content available to you using the Service, (ii) the terms under which such Online Content may be made available, or any terms applicable to any third party software upon which T-Mobile relies in order to provide the Service under this Agreement, impose upon T-Mobile or its licensors terms that are not reasonably acceptable to T-Mobile or its licensors, as the case may be, or (iii) if any of the providers of the Preferred Services cease to make such Online Content available free of charge.
   
   
7. Intellectual Property. All rights, title and interest, including copyrights, trademarks, trade names, Social Buzz Service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, in and to the Social Buzz Service, including computer code, graphic design, lay-out and the user interfaces of the Social Buzz Service, are owned by, or licensed to T-Mobile. Other than otherwise expressly permitted in the Agreement, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any material that is subject to T-Mobile’s or to third parties’ proprietary rights in the Social Buzz Service, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to by electronic, mechanical or optical means.
   
   
   Nothing in this Agreement shall be deemed to grant any rights (whether express, implied, or by way of implication or estoppel or otherwise) under any patents, patent applications or inventions of T-Mobile or its licensor or service providers, including iSkoot or any of its affiliates. You hereby acknowledge and agree that you have no right by virtue of this Agreement to commercialize any product or service, or to offer to sell, sell, import or otherwise dispose of any product or service. You further acknowledge and agree that the exclusion of any rights from this Agreement with respect to the patents, patent applications and inventions of T-Mobile or its licensors or service providers, including iSkoot and its affiliates is not a derogation of the benefits of the rights provided in this Agreement, and that you shall not take any inconsistent or contrary position as to this matter.
   
   
8. Disclaimer of Warranties. TO THE EXTENT PERMITTED BY LAW, THE SOCIAL BUZZ SERVICE IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. T-MOBILE AND ISKOOT MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING THE SOCIAL BUZZ SERVICE. WITHOUT LIMITING THE PREVIOUS SENTENCE, NEITHER T-MOBILE NOR ISKOOT WARRANTS OR GUARANTEES THAT:
   
   
   (A) THE USE OF THE SOCIAL BUZZ SERVICE WILL NOT CAUSE ANY DAMAGES TO YOUR DEVICE OR TO ANY OTHER SOCIAL BUZZ SERVICES PROVIDED TO YOUR DEVICE OR APPLICATIONS AND CONTENT THAT RESIDE ON YOUR DEVICE;
   
   
   
   (B) THE SOCIAL BUZZ SERVICE WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, (ii) THAT THE SOCIAL BUZZ SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR ERRORS, OR (iv) THAT THE SOCIAL BUZZ SERVICE, INCLUDING THE CONTENT DELIVERED TO YOU OR THE ACCESS INFORMATION YOU PROVIDED, WILL BE IMMUNE FROM UNAUTHORIZED ACCESS; OR
   
   
   
   © THE ONLINE CONTENT YOU RECEIVE TO YOUR DEVICE WILL BE FREE FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, OR THAT ANY CONTENT, INFORMATION OR DATA RECEIVED ON OR THROUGH THE SOCIAL BUZZ SERVICE WILL BE FREE OF ANY VIRUSES, WORMS, OR ANY OTHER DESTRUCTIVE PROPERTIES, OR THAT THE ONLINE CONTENT WILL BE LEGAL, NON INFRINGING OR VIOLATING ANY RIGHTS OR APPLICABLE LAWS OR THAT THE ONLINE CONTENT WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS.
   
   
   
   ISKOOT AND T-MOBILE CAN’T PROMISE THE SOCIAL BUZZ SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE AND DON’T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON THEIR BEHALF. THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE.
   
   
   
   T-MOBILE AND ISKOOT DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.
   
   
   
   YOU ACKNOWLEDGE THAT THE USE OF THE SOCIAL BUZZ SERVICE IS ENTIRELY AT YOUR OWN RISK.
   
   
   
9. Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WILL LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST T-MOBILE AND ISKOOT TO DIRECT AND ACTUAL DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCTS LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT, OR ANY OTHER THEORY REGARDLESS OF WHETHER T-MOBILE, OR ISKOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU WILL NOT SEEK, AND HEREBY WAIVE ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM T-MOBILE OR ISKOOT. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT T-MOBILE OR ISKOOT WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM.
   
   
10. Indemnification. You hereby undertake to defend, indemnify, and hold iSkoot, T-Mobile, their respective officers, employees, shareholders, affiliates, subsidiaries, licensors and anyone acting on T-Mobile’s behalf harmless from any claims arising out of or in connection with Online Content, use of the Social Buzz Service, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Social Buzz Service.
    
    
11. Compliance with Laws. Your actions using Social Buzz Service must comply with all applicable laws and regulations. You must comply with all applicable laws, regulations, rulings and executive orders of any governmental authority relating to the exportation or importation of the Social Buzz Services, including but not limited to the export and destination control regulations for U.S. goods. This means that you may not export or re-export the Social Buzz Service or any part thereof to any country, person, entity, or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria.
    
    
12. Privacy. T-Mobile respects your privacy. T-Mobile’s Privacy Policy governs how it uses information related to your use of the Social Buzz Services. The Privacy Policy is available online at www.t-mobile.com/privacy. T-Mobile may change the Privacy Policy without notice periodically, so you should periodically review the Privacy Policy. If T-Mobile changes the policy to allow use or disclosure of personal information in a way that, in T-Mobile’s sole determination, is materially different from that stated in the policy at the time the data was collected, T-Mobile will post notice in advance of the change. Data on your Device may automatically be stored on your SIM card, Device or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our network servers.
    
    
13. Digital Millennium Copyright Act (”DMCA”) Notice. T-Mobile respects the copyrights of others. If you believe that material available through the Social Buzz Services infringes the copyright of any third party, notify T-Mobile by using the notice procedure under the DMCA and described at www.t-mobile.com (http://www.t-mobile.com/pr/ for Puerto Rico). Subject to T-Mobile’s notice and DMCA procedures, T-Mobile may remove or disable access to any infringing material as provided for in the DMCA.
    
    
14. Provisions Applicable to Twitter Subscribers: If you are a Twitter subscriber, then the following terms and conditions apply to you:
• Twitter’s current terms of service can be found at http://twitter.com/tos.
  
  
15. Provisions Applicable to Facebook Subscribers: If you are a Facebook subscriber, then the following terms and conditions apply to you:
• FACEBOOK HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO THE SUBJECT MATTER SET FORTH IN THIS EULA
• Nothing in this EULA shall supersede or modify in any way the Statement of Rights and Responsibility, Facebook’s Privacy Policy, or any other Facebook terms applicable to Facebook users.
  
  
16. Compliance With Export Restrictions. You agree that you shall not export or re-export the Service, or any portion of thereof, in any form in violation of the laws and regulations of the United States or any other jurisdiction or country without the appropriate United States and foreign government export or import licenses or other official authorization.