AT&T Social Net End-User License Agreement
These terms and conditions represent the agreement (“Agreement”) between you and AT&T Mobility LLC (“AT&T”) governing the use of AT&T Social Net, including its downloadable application (the “Service”). The term “you” in this Agreement refers to you, an individual, and/or to the company on whose behalf you authorized the Agreement. The Service is provided by Qualcomm iSkoot, Inc. (“iSkoot”) on behalf of AT&T.
Please read this Agreement carefully before you proceed with the registration process.
THE 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 SERVICE, OR PROVIDE AT&T OR ISKOOT WITH ANY PERSONALLY IDENTIFIABLE INFORMATION.
If you do not agree with the following terms and conditions, you must discontinue the registration process and refrain from using the Service. If you use the Service on behalf of a company, by clicking the “I Accept” button you confirm and warrant that you have full authority to bind the company and consent on the company’s behalf to this Agreement.
AT&T may revise these terms and conditions at any time, with or without prior notice to you. You should visit http://www.iskoot.com/terms from time to time to review the then-current terms and conditions for the Service, to which you agree to be bound so long as you continue to use the Service.
Your Wireless Terms of Service or your applicable business agreement, as well as the Wireless Data Service Terms and Conditions apply, the latest versions of which may be found at http://www.wireless.att.com/learn/articles-resources/wireless-terms.jsp. Additionally, the AT&T Acceptable Use Policy applies and can be found at att.com/aup.Further, the terms of conditions governing your personal accounts for web content services you access through the Service apply.Â In particular, 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.
- FACEBOOK HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO THE SUBJECT MATTER SET FORTH IN THIS AGREEMENT.
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 cellular phone may differ from the original display in layout, arrangement, color and font style, color and size.
Subject to terms and conditions of this Agreement, AT&T hereby grants you ONLY and you accept a limited nonexclusive, nontransferable, revocable license to use the Service, only as authorized in this Agreement, for your own personal and non-commercial use. Your limited right of use will automatically expire upon the termination or cancellation of this Agreement by either party for any reason. You acknowledge that AT&T and iSkoot have no obligation whatsoever to furnish any maintenance or support services with respect to the Service.
You are solely responsible for your use of the Service. AT&T does not create, monitor, examine or inspect the Online Content delivered to you through the Service. AT&T merely offers a platform for communicating Online Content between your messaging services accounts and your cell phone, and is not responsible for such content’s accuracy, reliability, timeliness, copyright compliance, legality, decency, quality or any other aspect of such content. The Online Content may include links to third-party websites and content. The linked content is not under AT&T control and AT&T 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 AT&T and AT&T does not endorse or claim any responsibility for the Online Content.
You acknowledge and expressly assume the risk that by using the Service, you may encounter content (either Online Content or linked content) that may be deemed offensive, indecent, or objectionable and that may or may not be identified as having explicit language in it. You agree that AT&T and iSkoot shall have no liability for such content.
You agree that you are fully accountable for the Online Content delivered to you through the Service and for any consequences resulting from your use of or reliance upon such Online Content.
You may not use the Service to transfer Online Content which may reasonably be deemed to be: (1) Infringing or violating intellectual property rights of other parties, including patents, copyrights, trademarks, service marks and trade secrets; or (2) Identifying minors, their personal details or their address and ways to contact them; or, (3) Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws; or, (4) Prohibited by any applicable law, including court restraining orders, to be published, disseminated, or otherwise made available to the public; or, (5) Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable.
AT&T may, at any time and for any reason, suspend or terminate this Agreement with or without prior notice. Notwithstanding any remedies that may be available under any applicable law, AT&T may temporarily or permanently deny, limit, suspend, or terminate your use of the Service, if AT&T believes that: (1) you have abused your rights to use the Service; or (2) you have breached this Agreement; or, (3) you have performed any act or omission that violates any applicable law, rules, or regulations; or, (4) you have performed any act or omission which is harmful or likely to be harmful to AT&T, or any other third party, including other users or suppliers of AT&T; or, (5) you made use of the Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act. Upon termination of the Agreement, you shall cease all use of the Service.
All rights, title and interest, including copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, in and to the Service, including computer code, graphic design, layout and the user interfaces of the Service, are owned by, or licensed to AT&T. Other than 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 AT&T’s or to third parties’ proprietary rights in the Service, either by yourself or by a third party on your behalf, in any way or by any means, including by electronic, mechanical or optical means. This provision shall survive termination of this Agreement.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OR ASSURANCE OF QUALITY, RELIABILITY OR FUNCTIONALITY. BOTH AT&T AND ISKOOT DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN ANY INSTANCE INVOLVING PERFORMANCE OR NONPERFORMANCE BY AT&T OR ISKOOT WITH RESPECT TO THE SERVICE. NEITHER AT&T NOR ISKOOT WARRANTS OR GUARANTEES THAT:
1) THE USE OF THE SERVICE WILL NOT CAUSE ANY DAMAGES TO THE YOUR CELLULAR PHONE OR TO ANY OTHER SERVICES PROVIDED TO YOUR CELL PHONE OR APPLICATIONS AND CONTENT THAT RESIDE ON YOUR CELL PHONE;
2) THE SERVICE WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, OR THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR ERROR, OR THAT THE SERVICE, INCLUDING THE CONTENT DELIVERED TO YOU OR THE ACCESS INFORMATION YOU PROVIDED, WILL BE IMMUNE FROM UNAUTHORIZED ACCESS; OR
3) THE ONLINE CONTENT YOU RECEIVE TO YOUR CELLULAR PHONE WILL BE FREE FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, OR THAT ANY CONTENT, INFORMATION OR DATA RECEIVED ON OR THROUGH THE SERVICE WILL BE FREE OF ANY VIRUSES, WORMS, SPYWARE, 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.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE FOREGOING DISCLAIMER OF WARRANTY SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Limitation of Liability
NEITHER AT&T NOR ISKOOT, INCLUDING THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES WILL BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT OR ERROR MADE BY AT&T OR ISKOOT, OR FROM YOUR RELIANCE ON ONLINE CONTENT DELIVERED THROUGH THE SERVICE, OR FROM ANY COMMUNICATION WITH AT&T OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT ON THE SERVICE, REGARDLESS OF WHETHER AT&T OR ISKOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, OR MALFUNCTIONS. THIS PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
You hereby undertake to defend, indemnify and hold AT&T and iSkoot, their officers, employees, shareholders, affiliates, subsidiaries and anyone acting on their behalf, harmless, immediately after receiving a written notice from and against any claim, action, or demand asserted by any third party and arising from, or otherwise related to, your use of the Service, your breach of this Agreement, or your infringement of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity in connection with your use of the Service. In such cases, you will promptly notify AT&T and iSkoot in writing of such claim and you will reimburse AT&T and iSkoot for any expenses, including court fees, attorney fees and the damages (actual and consequential), which AT&T or iSkoot might endure. These obligations survive termination of this Agreement.
Compliance with Export Restrictions
You agree not to export or re-export the Service or any part thereof to any country, person, entity, or end user subject to U.S.A. export restrictions.
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder will not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Reservation of Rights
All rights not expressly granted herein are reserved by AT&T. This provision shall survive termination of this License.
The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. The word “including” as used herein shall be construed to mean “including but not limited to.” This Agreement shall be subject to and governed by the laws of the State of New York, excluding its conflicts of law rules. This provision shall survive termination of this License.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Any attempt to sublicense, assign or transfer any of your rights, duties or obligations hereunder is void.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any proposals or prior agreement, oral or written, and any other communications relating to the subject matter of this agreement.
AT&T respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Sites in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing AT&T’s Copyright Agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A specific description of where the material that you claim is infringing is located on the Sites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Manager of Security & Copyright Infringement 1800 Perimeter Park Drive, Suite 100 Morrisville, NC 27560 Phone: (919) 319-5737 Fax: (919) 319-8154 E-mail: firstname.lastname@example.org
For more information about AT&T’s copyright protection practices under the DMCA and for information on how to contact AT&T’s DMCA agent, please refer to www.att.net/legal/copyright.