AT&T “#ItsOurTime”
Terms of Use
Effective: December 2013
AT&T “#ITSOURTIME” WEBSITE TERMS OF USE
•
CHANGES TO THE TERMS OR
SITE
•
REGISTRATION, PASSWORD AND
SECURITY
•
TRADEMARKS AND SERVICE
MARKS
•
GENERAL PRACTICE
REGARDING USE AND STORAGE
Welcome to the “#itsourtime” Internet site (“Site”) (operated
by subsidiaries and affiliates of AT&T Services, Inc.
("AT&T", "we", "our" and "us"). The
term "you" or "your" includes any of your subsidiaries,
affiliates, employees and parent or legal guardian.
This Site permits You to view videos that are submitted
through the “itsourtime” Application and “itsourtime” Video Booth, and other
content related to the “itsourtime” Promotion. To show Your support for Team USA at the 2014 Winter Olympics, You can
chant the letters “U,” “S,” or “A” on your video as a message of support for
Team USA. To submit a video you must
first download the “itsourtime” Application (“App”) on your mobile device. The App may be downloaded in the iTunes and
Google Play app stores. Data and message
rates may apply for download and usage of the App. After recording your video
through the App, You can submit the video to the Site. This Site also permits You to view the videos
that are posted to the Site and other materials. You can also share videos you
submit to the Site on social networks or platforms.
This Site allows You to submit or post Content (as
defined below) that may be used in AT&T’s Marketing Materials. “AT&T’s
Marketing Materials” shall mean all advertisements, promotions, and marketing
materials usable in all forms and across all mediums, formats, and distribution
platforms, including but not limited to online, television, radio, print and
electronic advertisements, social media posts, audio and videos (live,
streaming or delayed), direct mail, electronic mail, newspapers, magazines,
websites, investor relations materials, press releases, filings (public or
private), public relations materials, merchandise, point-of-sale materials,
wireless and cellular transmissions, including text messaging, multimedia
messaging, and mobile video, out-of-home materials, including without limitation
outdoor and indoor billboards, industrial use (e.g. cinema, theatrical, closed
circuit television, trade shows, meetings, and non-broadcast purposes), kiosks,
internal and external presentation purposes, and any other media and format
whether now known or hereinafter devised.
By submitting your “Content” (as defined below) to
AT&T you: (1) consent for AT&T to use your Content in AT&T’s
Marketing Materials; (2) grant to AT&T an irrevocable, royalty-free,
non-exclusive, worldwide license and right to use, reproduce, publish, edit,
display, adapt, distribute and transmit the Content provided by you to
AT&T, in whole or in part, including without limitation, your name, image,
likeness, voice, photo, comments, video, audio and/or audiovisual recordings
(inclusive of all sound recordings, musical compositions, literary or dramatic
materials or other ideas or intellectual properties embodied therein),
photographs, logos, stills and other graphic images or any other user-submitted
content (collectively, "Content”); (3) represent that you own the Content
and have complete, worldwide distribution rights or have sufficient rights in
them to grant this license to AT&T, and have obtained necessary permissions
and consents from all persons featured in the Content; (4) represent that You
are eligible to submit Content and that the Content does not violate or
infringe any copyright, trademark, privacy or publicity right, or other
personal, proprietary or intellectual property right of any person or entity;
and (5) agree to be bound by these Terms (as defined below). No compensation will be paid for the use of
Your Content or any other content in AT&T’s Marketing Materials unless
required by applicable law or other requirements. Content will be posted to the
Site at AT&T’s sole discretion. You recognize and agree that AT&T will
not be obligated to include or feature your Content in any AT&T Marketing
Materials.
This Site permits You to share Content on third-party
platforms. You are responsible for
complying with third-party platforms’ terms if posting to third-party platforms
Content or any of the Site materials.
AT&T will sponsor a promotion in which AT&T will
select videos that are posted to the Site to feature in a commercial that will
air during the 2014 Winter Olympics, subject to the Promotion Rules that are
posted.
PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or using this Site in any way you are
agreeing to comply with these Terms of Use, including any documents, policies
and guidelines incorporated by reference (referred to collectively as the
"Terms"). Certain services available through this Site and other
AT&T sites (referred to collectively as the “Sites”), especially services
for which you are asked to subscribe or pay money, may have their own terms and
conditions that apply to your purchase or use of that particular service. These
Terms do not alter in any way the terms or conditions of any of these other
written or online terms and conditions or agreements you may have or will have
with AT&T, including any other website terms of use with an AT&T
affiliate. To the extent that there is any conflict between these Terms and any
terms and conditions or agreements relating to services you have purchased or
online tools you use or to which you subscribe, those other terms and
conditions or agreements will govern.
By using this Site, you represent that you are at least
18 years old (19 in Alabama and Nebraska, 21 in Mississippi and Puerto Rico)
and are fully able and competent to enter into the terms, conditions,
representations and warranties set forth in the Terms; otherwise, please exit
the Site. AT&T suggests that you take advantage of any access controls
offered through the Site or third-party sites, which are designed to assist you
in limiting or blocking access to certain types of web content you may feel are
harmful to or inappropriate for minors.
AT&T may change or modify the Terms from time-to-time
without notice other than posting the amended Terms on the Site. The amended
Terms will automatically be effective when posted on our Site. Your continued
use of our Site after any changes in these Terms shall constitute your consent
to such changes. AT&T reserves the right to change, modify or discontinue,
temporarily or permanently, the Site (or any portion thereof), including any
and all content contained on the Site, at any time without notice. You agree
that AT&T shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Site (or any portion
thereof).
Whenever you provide us information on our Site, you
agree to: (a) provide true, accurate, current and complete information and (b)
maintain and promptly update such information to keep it true, accurate, current
and complete. If you provide any information that is, or we have reasonable
grounds to suspect that the information is, untrue, inaccurate, not current or
incomplete, AT&T may without notice suspend or terminate your access to our
Site and refuse any and all current or future use of our Site (or any portion
thereof).
If any portion of our Site requires you to register or
open an account you may also be asked to choose a password and a user name.
Please select a password that would not be obvious to someone trying to guess
your password, and change it regularly as an added precaution. You are
responsible for maintaining the confidentiality of the password and account,
and you are fully responsible for all activities that occur under your password
or account identification. You agree to immediately notify AT&T of any
unauthorized use of your password or account or any other breach of security.
Without limiting any rights which AT&T may otherwise have, AT&T
reserves the right to take any and all action, as it deems necessary or
reasonable, to ensure the security of the Site and your account, including
without limitation terminating your account, changing your password, or
requesting additional information to authorize transactions on your account.
Notwithstanding the above, AT&T may rely on the authority of anyone
accessing your account or using your password and in no event and under no
circumstances shall AT&T be held liable to you for any liabilities or
damages resulting from or arising out of (i) any action or inaction of AT&T
under this provision, (ii) any compromise of the confidentiality of your
account or password and (iii) any unauthorized access to your account or use of
your password. You may not use anyone else's account at any time, without the
permission of the account holder.
The security of your personally identifying information
is important to us. While there is no such thing as "perfect
security" on the Internet, we will take reasonable steps to help ensure
the safety of your personally identifying information. However, you understand
and agree that such steps do not guarantee that use of the Site is invulnerable
to all security breaches, and that AT&T makes no warranty, guarantee, or
representation that use of any of our Site is protected from viruses, security
threats or other vulnerabilities.
Please view our Privacy Policy, which explains
AT&T’s practices relating to the collection and use of your information
through or in connection with our Site. AT&T’s use of your information is
governed at all times by our Privacy Policy, which is incorporated into these
Terms. You understand that through your use of the Site you consent to the
collection and use of this information (as set forth in the Privacy Policy).
This Site and other AT&T Sites may provide you access
to a wide variety of information, shopping, communications, entertainment,
games, advertising and other services, products, data and materials
("Information"). Some of the Information is owned by AT&T
Intellectual Property II., L.P. d/b/a AT&T Intellectual Property and/or its
affiliates. Other portions are owned by non-AT&T companies or third parties
such as suppliers, vendors, and licensors (including Content that is generated
by users as further described in Section 9).
Some portions of the Site may require you to download
software ("Software") in order that you may access the Site, the
services provided through the Site and/or the Information. The Software may be
the property of AT&T or a supplier, vendor, or licensor to AT&T. The
Information and Software are protected by a variety of laws governing the use
of copyrights, trademarks, patents, or trade secrets. Subject to the rules and
limitations set forth in the Terms, you are granted a limited, non-sublicensable
right to access the Sites, the Information and the Software for your personal
non-commercial use only, except as otherwise permitted. Without limiting the
generality of the foregoing, no Software or underlying information or
technology may be downloaded or otherwise exported or re-exported (a) into
Cuba, North Korea, Iran, Sudan, Syria or any other country for which the U.S.
maintains an embargo on such exports, or (b) to a person or entity identified
on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals,
Denied Persons or Entities) or the U.S. Commerce Department (e.g., Entity List,
Table of Deny Orders), which control such exports. By downloading or using the
Software or underlying information or technology, you agree to the foregoing
and represent and warrant that you are not located in, under the control of, or
a national or resident of any such country or on any such list.
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.
AT&T’s Copyright Agent for notice of claims of
copyright infringement on the Sites can be reached as follows:
Manager of Security
& Copyright Infringement 1800 Perimeter Park Drive, Suite 100 Morrisville,
NC 27560 Phone: (919) 319-5737 Fax: (919) 319-8154 E-mail: copyright@att.com
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.
Please note that under Section 512(f) of the Copyright
Act, any person who knowingly materially misrepresents that material or
activity was removed or disabled by mistake or misidentification may be subject
to liability. Please also be advised that AT&T enforce a policy that
provides for the termination in appropriate circumstances of subscribers who
are repeat infringers. Accordingly, if you are not sure whether certain
material infringes the copyrights of others, you should consult an appropriate
professional for specific advice tailored to your particular situation.
Trademarks (including but not limited to AT&T and the
Globe Logo) that are used or displayed on the Sites are owned by AT&T
Intellectual Property or by third parties other than AT&T that offer and
provide products and services on or through the Sites. The trademarks of
AT&T Intellectual Property may not be copied or used, in whole, partial or
modified form, without the prior written permission of AT&T Intellectual
Property or, if applicable, its licensor. In addition, AT&T custom
graphics, logos, button icons, scripts, and page headers are covered by
trademark, trade dress, copyright or other proprietary right law, and may not
be copied, imitated, or used, in whole, partial or modified form, without the
prior written permission of AT&T Intellectual Property. Other trademarks,
service marks, registered trademarks, product and service names, and company
names or logos that appear on the Sites are the property of their respective
owners, who may or may not be affiliated with, connected to, or sponsored by
AT&T. You may not use any metatags or any other "hidden text"
utilizing an AT&T name, trademark, or product name without AT&T’s
express written consent. Other trademarks and trade names are those of their
respective owners. The use of Olympic Marks, Terminology and Imagery is
authorized by the U.S. Olympic Committee pursuant to Title 36 U.S.C. Section
220506.
This Site allow users to post Content that may be used in
the AT&T advertising without compensation unless required by applicable law
or other requirements. With respect to
your name and likeness, profile picture, and any message, data, image, text,
photos, graphics, audio, video or other material you elect to post to this
Site, while you retain any and all of your lawfully owned rights in such
Content, you acknowledge that you own completely and have full rights to
license for AT&T’s use, and you grant AT&T a royalty-free, perpetual,
irrevocable, non-exclusive and fully sublicensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such Content which you provide (in whole or
part) worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed and to exercise the same rights with
respect to such works. You also permit any user of our Sites to access,
display, view, store, distribute, perform, reproduce and prepare derivative
works of, such Content that you have placed in publicly accessible areas of our
Sites. You agree that no advertisement
or other material need be submitted to you for approval and the licensed
parties shall be without liability to you for any distortion or illusionary effect
resulting from the publication of your name, likeness, or submitted
content. You warrant and represent that
any content that you submit fully complies with these Terms of Use, including
that the content does not infringe on any third party’s copyright, trademark,
privacy, publicity, or other intellectual property rights.
No compensation will be paid to you or to any other
person or entity with respect to the posting or use of your Content unless
required by applicable law or other requirements. Any such compensation will be
at the minimum so required. You agree
that AT&T is not under any obligation of confidentiality, express or
implied, with respect to your Content. You represent and warrant that you own
or otherwise control all necessary rights to the Content that you post, that
such Content is accurate, that use of the Content you supply does not violate
these Terms, specifically including without limitation the requirements of
Section 11 (Acceptable Use), and will not cause injury to any person or entity,
and that you will indemnify AT&T for all claims resulting from the Content
you supply.
AT&T does not generally pre-screen or control Content
posted by users of our Sites, and, therefore, does not guarantee the accuracy,
integrity or quality of such Content. AT&T shall have the right (but not
the obligation) in its sole discretion to monitor, refuse or remove any Content
that is available via our Sites for any or no reason, including that any
Content violates these Terms or is otherwise objectionable. We take no
responsibility and assume no liability for any Content uploaded, transmitted,
or downloaded by you or any third party, or for any mistakes, defamation,
slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you
may encounter. As the provider of the Sites, we are only a forum and are not
liable for any statements, representations, or Content provided by Site users.
Any opinions, advice or recommendations expressed therein are those of the
users providing such Content and not those of AT&T. We do not endorse any
Content or any opinion, recommendation or advice expressed therein. It is not
our intent to discourage you from taking controversial positions or expressing
vigorously what may be unpopular views; however, we reserve the right to take
such action as we deem appropriate in cases where the Site is used to
disseminate statements that are harmful or inflammatory.
You agree not to propose, post or submit to AT&T
ideas, concepts, copy, proposals, inventions, methods or techniques for new or
proposed services or products (collectively referred to as "Submitted
Material ") through the Site. In the event you do so, you hereby grant to
AT&T a perpetual, worldwide, irrevocable, unrestricted, non-exclusive,
royalty-free license to use all such Submitted Material in any manner
whatsoever without compensation or attribution to you unless required by
applicable law or other requirements. You also grant to AT&T the right, at
its sole discretion, to use your name in connection with the Submitted
Materials and other information as well as in connection with all advertising,
marketing and promotional material related to such material and information.
Use of such Submitted Material shall not require permission from or payment to
you or to any other person or entity. You agree that AT&T is not under any
obligation of confidentiality, express or implied, with respect to the
Submitted Material. You agree that you shall have no recourse against AT&T
for any alleged or actual infringement or misappropriation of any proprietary
right in Submitted Material and that the submission of any Submitted Material
to AT&T, including the posting of materials to any forum or interactive
area on the Sites, irrevocably waives any and all "moral rights" in
such materials. You represent and warrant that you own or otherwise control all
of the rights to the Submitted Material that you post, that the Submitted
Material is accurate and, that use of the Submitted Material you supply does
not violate these Terms or the rights of any person or entity and will not cause injury to any person or
entity.
You agree to use our Site and the Information (whether
provided by us or others), as well as any Software provided in connection with
the Site, in a manner consistent with all applicable laws and regulations.
Additionally, you will not take any of the following actions with respect to
our Site, related Software, or Information, nor will you use our Site or
related Software to upload, post, email, distribute, transmit, link, solicit or
otherwise make available any Information, Content, or use our Site in any
manner that:
1.
is unlawful, harmful
to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar,
gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive
of another's privacy, or racially, ethnically or otherwise offensive, hateful
or abusive;
2.
infringes someone
else's patent, trademark, trade secret, copyright, privacy rights, right of
publicity, or other intellectual property or other rights;
3.
removes any
proprietary notices or labels on the Content;
4.
advocates or solicits
violence, criminal conduct or the violation of any local, state, national or
international law or the rights of any third party;
5.
is deceptive in any
way, such as an offer to sell fraudulent goods or contains an impersonation of
any person or entity or misrepresents an affiliation with a person or entity;
6.
specifically
advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other
contraband;
7.
constitutes
unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain
letters, or any other unsolicited commercial or non-commercial communication;
8.
interferes with
others using the Sites;
9.
is off-topic
according to the description of the group, forum or webpage;
10. contains software viruses, worms, time bombs, corrupted
files, Trojan horses or any other computer code, files, or programs that are
designed or intended to disrupt, damage, overburden, impair or limit the
functioning of any software, hardware, network, server or communications
systems or equipment;
11. contains a charity request, petitions for signatures,
chain letters or letters relating to a pyramid scheme;
12. disrupts, interferes or inhibits any other user from
enjoying the Sites or other affiliated or linked websites, material, contents,
products and/or services.
13. uses any robot, spider, or other such programmatic or
automatic device, inducing but not limited to automated dial-in or inquiry
devices, to obtain information from the Site or otherwise monitor or copy any
portion of the Site, products and/or services;
14. creates a false identity for the purpose of misleading
others;
15. prepares, compiles, uses, downloads or otherwise copies
any user information and/or usage information for any portion thereof, or
transmit, provide or otherwise distribute (whether or not for a fee) such
information to any third party;
16. uses any AT&T domain name as a pseudonymous return
email address;
17. contains any offer for unsolicited goods or services or
any advertising or promotional materials, except in those areas specifically designated
for such purpose (e.g., classified bulletin board);
18. provides material support or resources (or conceals or
disguises the nature, location, source, or ownership of material support or
resources) to any organization(s) designated by the United States government as
a foreign terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
19. attempts to disable, bypass, modify, defeat or otherwise
circumvent any of the digital rights management or other security related tools
incorporated into the software or any Content or the Sites;
20. reproduces, duplicates, copies, sells, trades, resells or
exploits for any commercial purposes, any portion of the Sites or Content, use
of the Sites, or access to the Sites;
21. publishes, publicly performs or displays, or distributes
to any third party any Content, including reproduction on any computer network
or broadcast or publications media;
22. systematically collects and uses any Content including
the use of any data mining, or similar data gathering and extraction methods;
23. makes derivative uses of the Sites or the Content;
24. uses, frames, or utilizes framing techniques to enclose
any portion of the Sites (including the images found at the Sites or any text
or the layout/design of any page or form contained on a page); and/or
25. modifies, translates, decompiles, disassembles, uses
reverse engineering or otherwise attempts to derive the source code for the
computer systems and other technology that operate our Site. For purposes of
these Terms, "reverse engineering" shall include the examination or
analysis of the Site to determine the source code, structure, organization,
internal design, algorithms or encryption devices of our Site's underlying
technology.
Unless you are participating in an area of the Site that
requires or encourages anonymity, we encourage you to use your real name.
Violating the security of our Site is prohibited and may
result in criminal and civil liability. AT&T may investigate incidents
involving such violations and may involve and will cooperate with law
enforcement if a criminal violation is suspected. Examples of security
violations include, without limitation, unauthorized access to or use of data
or systems including any attempt to probe, scan, or test the vulnerability of
the Site or to breach security or authentication measures, unauthorized
monitoring of data or traffic, interference with service to any user, host, or
network including, without limitation, mail bombing, news bombing, other
flooding techniques, deliberate attempts to overload a system, forging any
TCP-IP packet header, e-mail header, or any part of a message header, except
for the authorized use of aliases or anonymous remailers, and using manual or
electronic means to avoid any use limitations.
Unless expressly and specifically stated otherwise on the
Site, AT&T provides this Site for use only by persons located within the
United States. Certain subsidiaries or affiliates of AT&T only provide
certain regulated telecommunications and other services in certain portions of
the United States. AT&T makes no representation that all products, services
and/or material described on the Site are appropriate or available for use in
locations outside the United States or all territories within the United
States. Those who choose to access our Site from other locations do so on their
own initiative and are responsible for compliance with local laws. Certain
companies affiliated with AT&T provide services and operate websites in
various other countries throughout the world, some of which websites may be
linked to from our Site. Any such International websites will be governed by
their own terms of use and privacy policies and not by these Terms.
You acknowledge that AT&T may establish general
practices and limits concerning use of the Site, including without limitation
the maximum number of days that email messages, message board postings or other
uploaded Content will be retained by the Site, the maximum number of email
messages that may be sent from or received by an account on the Site, the
maximum size of any email message that may be sent from or received by an
account on the Site, the maximum disk space that will be allotted on AT&T’s
servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Site in a given period of time. Your use
of this Site constitutes your consent to allow AT&T to store electronic
communications on its servers. You agree that AT&T has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other content maintained or transmitted by the Site. You
acknowledge that AT&T reserves the right to terminate accounts that are
inactive for an extended period of time. You further acknowledge that AT&T
reserves the right to modify these general practices and limits from time to
time.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1.
YOUR USE OF OUR SITE,
INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, ANY
SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK.
OUR SITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH THE
SITES AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. AT&T AND ITS CO-BRANDERS, SUPPLIERS,
LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES,
AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS,
STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND
NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF
CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
2.
AT&T AND ITS
CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR
RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY
THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR
CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES,
WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE
PROPERTIES; (iii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING
FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR
ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL
BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES,
SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
OUR SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE OR
SOFTWARE WILL BE CORRECTED.
3.
ANY MATERIAL
DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE OR
SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR
SITE OR OUR SOFTWARE.
4.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR THROUGH
OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY
MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
AT&T reserves the right but does not assume the
obligation to strictly enforce these Terms, including without limitation by
issuing warnings, suspension, or termination of access to the Sites and/or
services, and/or by removing, screening, or editing of Content, or by engaging
in self-help and active investigation, litigation and prosecution in any court
or other appropriate venue.
AT&T may access, use, and disclose transaction
information and any Content provided by you to comply with the law (e.g., a
lawful subpoena) or based on AT&T’s reasonable judgment that disclosure is
necessary, or to enforce or apply our agreements (including these Terms), to
initiate, render, bill, and collect for services, to protect our rights or property,
or to protect users of AT&T’s services, the Site and other persons or
entities from fraudulent, abusive, or unlawful use of the Site or any such
services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY
RELATED POLICY BY YOU OR ANY THIRD- PARTY ON YOUR BEHALF SHALL BE CONSIDERED
VIOLATIONS OF THESE TERMS BY YOU.
IN NO EVENT SHALL AT&T, ITS EMPLOYEES, OFFICERS,
REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE
FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE
SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED
ON OR THROUGH THE SITES, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE,
INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (iii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iv)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE
IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT
LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE,
GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR
OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY
REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO
OUR SITE, EVEN IF AT&T OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH
THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE
SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY,
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH
ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF
THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY
REASON, THEN THE AGGREGATE LIABILITY OF AT&T UNDER SUCH CIRCUMSTANCES FOR
LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED
DOLLARS ($100).
You agree to indemnify, defend and hold harmless AT&T
and its underlying content and service providers, licensors and suppliers, and
each of their respective subsidiaries, affiliates, officers, agents, and
employees, from and against all claims, actions, losses, expenses, damages and
costs, including reasonable attorneys' fees, made by any third-party due to or
arising out of Submitted Material, Content, or any other content you submit,
post or upload to or transmit through our Site, your use of our Site, your connection
to our Site, your violation of these Terms, or your violation of any law or the
rights of another. These obligations will survive any termination of your
relationship with AT&T or your use of our Site. AT&T reserves the right
to assume the defense and control of any matter subject to indemnification by
you, in which event you will cooperate with AT&T in asserting any available
defenses.
You agree that AT&T may immediately terminate or
suspend your account, any associated email address, and access to all or any
part of the Sites or change your password without notice. Cause for such
termination, suspension or change shall include, but not be limited to, (a)
breaches or violations of these Terms or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) discontinuance or
material modification to the Sites (or any part thereof,) (e) unexpected
technical or security issues or problems, (f) extended periods of inactivity,
and/or (g) engagement by you in fraudulent or illegal activities. Termination
of your account includes (or, if AT&T elects instead to suspend your
account, may include any one or more of the following) (a) removal of access to
all offerings within the Sites, (b) deletion of your password and all related
information, files and other content associated with or inside your account (or
any part thereof) and (c) barring of further use of the Sites. You agree that
all terminations and suspensions for cause shall be made in AT&T’s sole
discretion and that AT&T shall not be liable to you or any third party for
any termination or suspension of your account, loss of storage, any associated
email address, or access to the Sites. Further, AT&T reserves the right, to
immediately terminate or suspend your account, any associated email address,
and access to the Sites at any time for any reason and without notice to you in
its sole discretion.
AT&T’s failure to exercise or enforce any right or
provision of these Terms shall not constitute a waiver of such right or
provision. If any provision of these Terms shall be deemed unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable
from the Terms and shall not affect the validity and enforceability of any
remaining provisions. These Terms shall be governed and construed in accordance
with the laws of the State of Texas applicable to agreements made and to be
performed in Texas. You agree that any legal action or proceeding between
AT&T and you for any purpose concerning these Terms or the parties'
obligations hereunder shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in Texas. Neither the course of conduct
and/or course of dealing between the parties nor trade practice shall act to modify
any provision of this Agreement. AT&T may assign its rights and duties
under this Agreement to any party at any time without notice to you. Your
rights and duties under these Terms are not assignable by you without written
consent of AT&T. These Terms do not provide any third party with a remedy,
claim, or right of reimbursement. You must file any claim or suit related to
our Site within one year after it arises.
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