4INFO Terms of UseContent provided by 4INFOThe information displayed as search results or scheduled alerts represent the commercially reasonable efforts of 4INFO. A search using 4INFO Services may produce search results that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a 4INFO search will not locate unintended or objectionable content and assume no responsibility for the content included in any search results by the 4INFO Services. Personal Use Only The 4INFO Services are made available for your personal, non-commercial use only. You may not use the 4INFO Services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. You may not take the results from a 4INFO search and reformat and display them, or mirror the 4INFO home page or results pages on your Web site. If you want to make commercial use of the 4INFO Services, you must enter into an agreement with 4INFO to do so in advance. Please contact us for more information. If you are interested in adding a 4INFO search box to your web site or your company's web site, we encourage you to do so, please contact us for additional information. No Automated Querying You may not send automated queries of any sort to 4INFO's system without express permission in advance from 4INFO. You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Services in any manner. Changes In Terms and Conditions and 4INFO Service We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes. Trademarks, Names and Logos All trademarks, names and logos used on this site or delivered via 4INFO services are owned by 4INFO (unless otherwise stated). Your use of these services and site does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this site. No license is expressly impliedly granted within or as a result of your use of 4INFO services or this site. Without 4INFO 's prior permission, you agree not to display or use in any manner, the 4INFO trademarks, names and logo. Charges The 4INFO service includes features without and with charges from 4INFO. Additionally, your mobile phone carrier may charge you for usage. The customer is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of 4INFO services. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages. Submissions We welcome your comments and suggestions regarding the web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to 4INFO shall be and remain the exclusive property of 4INFO. Your submission of any such Comments shall constitute an assignment to 4INFO of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. 4INFO will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. 4INFO expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy. User Conduct You understand that all information, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not 4INFO, are entirely responsible for all Content that you transmit or otherwise make available via the TextMe web widget ("Service"). 4INFO does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will 4INFO be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
You understand and agree that messages sent to you through the TextMe web widget ("Widget Service") may also include advertisements alongside the original message. You hereby consent to receive such advertisement in connection with the Widget Service. You also understand and agree that the Service may include certain communications from 4INFO, such as service announcements, administrative messages. While 4INFO does not currently charge for the use of the Widget Service, the use of the Widget Service may require you to pay certain third-party fees. You shall be responsible for all applicable fees associated with use of the Widget Services, including without limitation, any connection or usage fees incurred for the transmission, receipt, or delivery of Content. 4INFO shall have no liability to You for any fees incurred in connection with the Widget Services. Disclaimer of Warranties 4INFO disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the 4INFO Services results. 4INFO disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. 4INFO disclaims any responsibility for any harm resulting from information or material through the 4INFO Services. THE 4INFO SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE 4INFO SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. 4INFO AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 4INFO AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE 4INFO SERVICES. 4INFO AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE 4INFO SERVICES. 4INFO AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE 4INFO SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE 4INFO SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE 4INFO SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE 4INFO SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL 4INFO OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE 4INFO SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF 4INFO OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE 4INFO SERVICES, FROM INABILITY TO USE THE 4INFO SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE 4INFO SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE 4INFO SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE 4INFO SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE 4INFO SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE 4INFO SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE 4INFO SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE 4INFO SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall 4INFO or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Miscellaneous Provisions These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by 4INFO. Effective Date: January 29, 2005 Contest Terms of UseTo provide a fair and equal chance of winning to all 4INFO users, the following are the official rules for all contests on 4INFO products.NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. All winners must be 18 years of age or older, unless otherwise stated and/or posted. Users who enter into any 4INFO contest automatically agree to 4INFO’s terms and conditions. Entering Contests and Choosing and Contacting Winners Winners of random text message contests will be chosen at random from messages received. Entries may also be sent via post office mail to 4INFO’s mailing address. Mail must be post marked prior to the end of the specific contest. Mail must also include the name of the contest and all relevant contact information, as specified by each contest. Entrants must send entries using the correct contest entry text message address, subject line, and any other specific entry information requested in the contest announcement. 4INFO is not responsible for and will not consider incomplete or incorrect entries, or text messages sent but not received by 4INFO for any reason, as potential contest winners. Winners of all contests will be contacted at the “sender” cell phone number used to enter the contest, and the person receiving and answering the winner announcement phone call will be considered the winner. 4INFO will mail the contest prize to the address supplied by the recipient of the winner announcement phone call. Only one entry per phone number may be used for contest entry, unless multiple entries are specifically allowed in the contest posting. Unless otherwise specified in an individual contest post, no person may enter any contest more than once using multiple phone numbers. Claiming of prizes requires a phone conversation with 4INFO from the winning sender text message phone number within 30 days of being notified of winning at the phone number used to enter. Failure to respond shall mean that the winner forfeits the prize. 4INFO is not required to award elsewhere any prizes forfeited by the chosen winner(s). By submitting any information to 4INFO, you hereby grant to 4INFO and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to 4INFO includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo; By submitting information to 4INFO, you hereby represent and warrant that the submitted information does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to 4INFO herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances; You acknowledge and agree that 4INFO shall have no obligation to post, display or otherwise make publicly available any information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any information that you submit to 4INFO; You understand and intend that any information submitted by you to 4INFO may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any information you submit to 4INFO. By submitting any information to 4INFO, you hereby waive any privacy expectations that you may have with respect to any such information submitted by you to 4INFO. You hereby agree to hold 4INFO and its affiliates, subsidiaries, licensees sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any 4INFO site, or any other use authorized under these Terms, of any information submitted to 4INFO by you; Information submitted by you to the Site shall be the property of 4INFO, and 4INFO shall have no obligation to preserve, return or otherwise make available to you or others any information so submitted. Awarding Prizes Winners are solely responsible for all taxes and/or fees that may be incurred. All cash winners are required to verify proper and legal picture identification and Social Security number within 30 days of notification of winning the cash prize. Winner may forfeit any and all cash winnings if verification cannot or has not been made within 30 days. Upon proper verification, cash winnings will be awarded by check, and mailed to winner's mailing address within seven (7) business days. Each prize winner must supply 4INFO with his/her legal name, mailing address, birth date, day time and night time telephone numbers. In the case of a cash winner, winner must also supply social security number. Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees, and all such additional costs that may be incurred. Neither 4INFO, 4INFO sponsors, nor employees of 4INFO or sponsors may be held liable for any warranty, costs, damage, injury, or any other claims incurred as a result of usage of any winners of a prize once possession has been taken of the product by winner. 4INFO is not liable for any loss arising out of or in connection with or resulting from any contest promoted by 4INFO. If the specified prize becomes unavailable due to unforeseen circumstances, 4INFO may substitute a prize of like or equal value. Management, employees and families of 4INFO are prohibited from winning any prizes awarded by 4INFO. 4INFO reserves the right to alter any rules of any contest at anytime. If you have any questions or complaints about a 4INFO contest, please contact us. |
