1. About Us
Bridges North America, Inc. ("Mobile Bridges") owns and operates websites at http://www.mobdesk.com and http://www.chat40200.com (the "Sites"). Mobile Bridges offers a variety of downloadable mobile entertainment products via the Sites, such as games, text alerts and graphics as well as chat and other interactive mobile entertainment services (collectively the "Products and Services").
2. Use Of Site
These terms of use ("Terms") are a contract between you and Mobile Bridges and governs your use of the Sites and the Products and Services. By accepting this Agreement, you represent and warrant that: (a) you have read and understood this Agreement and agree to be bound by its terms and conditions; (b) you are the person or entity responsible for the wireless account associated with the mobile number provided ("Account Owner"), or have the consent of the Account Owner to sign-up for and use the Products and Services on behalf of the Account Owner; (c) the Account Owner is responsible for all Products and Services used through that wireless account; and (d) you are at least 18 years of age.
If you are a user under the age of 18, please review this Agreement with your parent or guardian. Your parent or guardian must agree to this Agreement on your behalf. Parental discretion is advised for all users under 18.
If you do not agree to be bound by (or cannot comply with) these Terms, do not continue the download process and click on "CANCEL" and/or discontinue use of the Sites.
3. DISCLAIMERS
You understand and agree that your use of the Products and Services is at your own sole risk. THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY MOBILE BRIDGES OR ITS OFFICERS, DIRECTORS AND EMPLOYEES, PARTNERS, PARENTS, SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS AND LICENSEES AND/OR SUPPLIERS (THE "MOBILE BRIDGES ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, MOBILE BRIDGES AND THE MOBILE BRIDGES ENTITIES, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. THERE IS NO WARRANTY THAT THE PRODUCTS AND SERVICES OR THE DOWNLOADS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. MOBILE BRIDGES AND/OR THE MOBILE BRIDGES ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS AND SERVICES OR THE DOWNLOADS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD MOBILE BRIDGES AND/OR THE MOBILE BRIDGES ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE PRODUCTS AND SERVICES OR USING THE PRODUCTS AND SERVICES, AND/OR THE DOWNLOADS INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER DOWNLOADS THAT MAY RESULT FROM THAT USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO MOBILE BRIDGES AND/OR THE MOBILE BRIDGES ENTITIES AS APPLICABLE.
UNDER NO CIRCUMSTANCES SHALL MOBILE BRIDGES AND/OR THE MOBILE BRIDGES ENTITIES AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE PRODUCTS AND SERVICES AND/OR THE DOWNLOADS.
UNDER NO CIRCUMSTANCES SHALL MOBILE BRIDGES AND/OR THE MOBILE BRIDGES ENTITIES AS APPLICABLE, BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS AND SERVICES AND/OR THE DOWNLOADS, EVEN IF MOBILE BRIDGES AND/OR THE MOBILE BRIDGES ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, MOBILE BRIDGES AND/OR THE MOBILE BRIDGES ENTITIES AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $100.
4. Description Of The Products And Services
The Products and Services are available via supported wireless devices, making available to you downloadable mobile content such as games, text alerts, graphics (collectively, the "Downloads") and chat and other interactive mobile services (collectively "Interactive Chat").
5. General Terms Of Use For Products And Services
Mobile Bridges authorizes you to view and download the materials at our Sites only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained I the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited.
You agree that you will not allow unauthorized individuals to use your account as identified by your cellular phone number.
Mobile Bridges shall be entitled to rely on the assumption that the person or entity responsible for the wireless account for mobile handset to which content is downloaded is responsible for all use of the Products and Services through that wireless account. Mobile Bridges will not issue refunds to persons or entities claiming that they did not authorize the use of their wireless account to receive Products and Services. If you are under 18, you must get the consent of your parent or guardian to obtain Downloads. Mobile Bridges will be entitled to conclude that you have obtained such consent if you proceed with a Download. Under no circumstances shall you subscribe to or participate in Interactive Chat if you are under 18.
You may use the Products and Services only in accordance with the terms and conditions of this Agreement and any amendments, as well as any additional terms that may be presented in connection with any particular feature or function of the Products and Services from time to time.
The Products and Services are for your personal use. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Products and Services, including the Downloads. For example, you may not copy or distribute the Products and Services or the Downloads in any manner not expressly authorized by the Products and Services.
You represent and warrant that you will not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Products and Services, including the Downloads. You agree to advise Mobile Bridges promptly of any such unauthorized use(s) or attempt(s) by contacting us at: 1-888-295-8150 (or by email at help@chat40200.com). You understand and acknowledge that the Downloads made available as part of the Products and Services are owned by Mobile Bridges, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. Mobile Bridges grants you a limited, non-exclusive, non-transferable, revocable right to download the Downloads to your compatible device solely for your own non-commercial use. You understand and agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Downloads except as expressly provided in this Agreement. You understand and agree that you may not authorize, encourage or allow any Downloads used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them.
In the event that Mobile Bridges can no longer grant to you the license or rights necessary for you to play back any such Downloads after the end of the period in which such rights expire, your rights to use the applicable content shall expire upon notice from Mobile Bridges. If Mobile Bridges is unable to make any previously granted rights available to you, Mobile Bridges will not be obligated to refund any portion of your fees, but you may contact customer support to receive an agreed upon replacement Download, if available.
6. Additional Terms Of Use For Interactive Chat
You acknowledge that certain Interactive Chat services will only be supported by those wireless devices that support Interactive Chat. For example, you must have a wireless device that supports WAP or BREW interfaces. If access to Interactive Chat services fails because of network congestion or unavailability, you may contact Mobile Bridges at: failed@chat40200.com. Upon consideration of your request, Mobile Bridges will attempt to reestablish your connection to the Interactive Chat service. In no event will Mobile Bridges provide any refunds to you for the inability to access Interactive Chat services, including any messages dropped, lost or otherwise undelivered or not received.
You acknowledge that use of Interactive Chat service enables you to correspond with other participants of the Interactive Chat service, and you hereby permit the disclosure of certain personal information, including among others, a "chat name," wireless address, age, gender, profile, photograph, audio and video to those participants. Certain carrier and other charges apply to messages received by you even if you do not reply to them. You may continue to receive messages until you unsubscribe from Interactive Chat Products and Services. You alone are responsible for the content and consequences of any of your messages or other materials submitted to the Site or through Interactive Chat.
7. Pricing
The following prices may be offered for any and all of Mobile Bridge’s Download and Interactive Chat Products and Services. The actual price of any service can be found within initial opt-in messages sent to subscribers’ handsets via SMS, MMS, or WAP page. For subscription services, prices are also found within reminder messages that are delivered to the subscribers’ handsets according to the billing interval, i.e. monthly. Service prices may be requested any time by a subscriber by sending a text message containing the word "HELP" from the subscriber’s phone number to the short code offering the service (40200).
One-Time Price per Download: $0.99, $1.99, $2.99, $3.99, $4.99
Recurring Subscription Price: $5.99, $6.99, $9.99, $14.99, $19.99, $29.99 (The highest subscription price for Boost Mobile subscribers is $6.99. The highest subscription price for Nextel and T-mobile subscribers is $9.99.)
(collectively the "Fees").
8. Agreement To Pay
By submitting an order for any Products or Services, via any medium or subscription method (for example by submitting your phone number to any affiliate Web site, or Mobile Bridges Sites, subscribing via SMS or by any and all other processes by which you solicit Products and Services from Mobile Bridges), you authorize your wireless carrier to charge appropriate Fees directly to your service bill for your wireless device, including any premium charges that may result from the use of Interactive Chat services. Other charges, including taxes, may apply.
9. Taxes
You agree that your wireless carrier is authorized to collect any applicable taxes and impose any applicable premium surcharges that may apply to the use of certain features of the Products and Services.
10. Electronic Contracts
Mobile Bridges may include in the Products and Services the ability for you to make electronic purchases. You acknowledge and agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. You may withdraw your consent to enter into such electronic agreements by giving written notice to Mobile Bridges at: help@chat40200.com. If you withdraw your consent you will not thereafter be able to make electronic purchases. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that Mobile Bridges shall not be responsible or liable to you for the Products and Services purchased. The provisions of this paragraph are in addition to and do not supersede any payment authorization you have agreed to in the section above entitled "Agreement to Pay."
11. Objectionable Or Explicit Content
Mobile Bridges is not responsible to you for any content or materials contained in all or part of any Download or Interactive Chat or any other aspect of the Products and Services that you might find objectionable.
13. International Considerations
The Products and Services are only available to residents of the United States and Canada. You represent and warrant that you will not sign up for, access, or attempt to access or use the Products and Services from countries outside of the U.S. and Canada. You agree to abide by U.S., Canadian and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.
14. Privacy
For additional information regarding Mobile Bridges’s use of information collected in connection with the Products and Services please refer to our Privacy Policy, a copy of which is available at: http://www.chat40200.com.
Without limiting the terms of the Privacy Policy, you acknowledge and agree that the Products and Services are provided via wireless systems, which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the Products and Services will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Products and Services.
You agree to indemnify and hold Mobile Bridges, its partners, parents, subsidiaries, agents, affiliates and licensors, and your carrier, (and their respective officers, directors and employees) harmless from and against any improper, unauthorized or illegal uses of your account, including any disclosure of personal information by yourself while using Interactive Chat.
15. Cookies
Mobile Bridges allows the use of cookies, similar to an Internet browser. This allows the Sites to set cookies for you when you view any of the content on the Sites, unless you have disabled cookies. If you have disabled cookies, you may be asked to login each time you access the features and some of Mobile Bridge’s Products and Services may not function properly.
16. Intellectual Property
You acknowledge and agree that Mobile Bridges shall own all worldwide right, title and interest in and to the Site and any applications, services, text, graphics, multimedia content, or other information, data, content or material available on or through the Site, and all related code provided through the Site, any modifications, updates, upgrades, copies, derivative works, augmentations or customizations of the foregoing (collectively, "Materials"), including all worldwide intellectual property rights to the same, including without limitation, all United States, Canadian and worldwide patents, patent applications, copyrights, trademarks, trade secrets, rights of publicity and privacy and other proprietary rights. All rights not expressly granted to you herein are expressly reserved to Mobile Bridges.
Modification of the Materials or use of the Materials for any purpose other than that expressly permitted herein or otherwise on the Site is a violation of copyright and other proprietary rights and the use of any such Material on any other website or computer environment is strictly prohibited.
17. Ownership; Copyright; Trademarks
The Materials, as well as the organization and layout of the Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Site solely for your personal and non-commercial use, however, any printed copy of this Site, or portions of the website, must include Mobile Bridges’ copyright notice. No right, title or interest in any of the materials contained on this website is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this website, without written permission from Mobile Bridges. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "data mining" to obtain lists of users, statistics or information regarding athletes or teams, or other information.
All contents of Mobile Bridges’ website(s) are Copyright © 2009 Mobile Bridges North America, Inc., and/or its content providers, advertisers, sponsors and suppliers. All rights reserved.
Mobile Bridges and associated logos and service marks constitute trademarks of Mobile Bridges. All of the trademarks, service marks, and logos associated with Mobile Bridges mark ("the Trademarks") and displayed on the Site are registered and/or unregistered trademarks of Mobile Bridges, its affiliates, or third parties. Nothing in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to Mobile Bridges’ Trademarks without express written permission or the express written permission of the applicable third party. Any use of the Trademarks is expressly prohibited except as expressly provided by Mobile Bridges.
All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners.
18. Procedures for Claimed Copyright, Trademark, or other Intellectual Property Infringement
We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act or any other form of intellectual property infringement, please provide the following information to our agent:
(1) an electronic or physical signature of the person authorized to act on behalf of the copyright owner or other evidence of ownership in the claimed intellectual property;
(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(3) description of where the material you claim is infringing is located on the Site;
(4) your address, telephone number, and email address;
(5) a statement that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
(6) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the owner of the intellectual property rights you claim has been infringed or that you are duly authorized to act on the intellectual property owner’s behalf.
Our agent may be contacted and all notices pursuant to this provision must be sent via certified mail as follows:
CHAT40200
Mobile Bridges North America Inc.
45 Main Street, Suite 502
New York 11201
Copies of such notice may be sent electronically in addition to the required written notice set forth above to the following e-mail addresses (replace the [at] with @ ):
(1) help [at] chat40200.com
19. Third Party Content; Third Party Sites
You understand and agree that the Sites may offer information and services provided by third-parties who are not employed by Mobile Bridges. Mobile Bridges is not responsible or liable for any acts or omissions created, caused or performed by these third parties.
Mobile Bridges may include on the Sites third-party advertisements and/or information about commercial services. Mobile Bridges does not endorse any product or service advertised on the Sites. The Sites may contain hyperlinks to other websites that are not operated by Mobile Bridges. Mobile Bridges does not control these websites and is not responsible for their contents, nor should the existence of such links be construed as an endorsement of the material appearing on such sites or as implying an association between Mobile Bridges and their operators. Such hyperlinks are provided for your reference only.
Mobile Bridges does not endorse, is not responsible for and makes no warranty or representation as to the quality or performance of the advertisers or the services offered in connection with such advertisements. Mobile Bridges advises you to carefully review each third party advertiser and/or service offering prior to engagement with any third party advertiser or service provider.
MOBILE BRIDGES ASSUMES NO RESPONSIBILITY AND MAKES NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS OR APPROVALS WITH REGARD TO INFORMATION ON THIS SITE.
It is your responsibility to evaluate and confirm the information, opinions, advice or other Material available through the Sites, whether posted or provided by third parties or Mobile Bridges.
By developing content through the Sites or providing any other information to Mobile Bridges in any form or manner including uploads, e-mailing, or written requests, you grant to Mobile Bridges a non-exclusive, worldwide, royalty-free, perpetual license to any information (including but not limited to text, graphics, video, and sound), notes, message or billboard postings, ideas, suggestions, concepts or other material (all such content being referred to as "User Content"). You hereby grant to Mobile Bridges the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any material and other information (including ideas for new and improved products) all such User Content and when you submit, post, request that material be placed on the Sites, in any form or manner, you agree that Mobile Bridges has the right to publish or use the material for any type of use as outlined above, including promotional and advertising purposes.
20. User Representations, Warranties And Covenants
You represent, warrant and covenant to Mobile Bridges that:
1. You will comply at all times with all applicable federal, state, provincial and local laws, rules and regulations in your use of the Sites and/or your use or disclosure of any data, information or materials you submit to or receive through the Sites;
2. You will not use the Sites for any purpose which is improper, unlawful, abusive, harassing, libelous, defamatory, obscene or threatening, or which violates the Terms of Use;
3. You will not, nor will you permit any other person, corporation or entity, without the prior written consent of Mobile Bridges to: (i) copy, duplicate or grant permission to the Sites or any part thereof; (ii) create, attempt to create, or grant permission to the source program and/or object program or code associated with any software component of the Sites; (iii) assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Sites or directly or indirectly permit any third party to use the Site; (iv) decompile or disassemble any software or other component of the Site or any report or document generated therefrom; (v) engage in any reverse engineering; (vi) modify, alter or delete any of the copyright notices embedded in or affixed to the copies of any components of the Sites; (vii) export any application provided hereunder or any portion of the Sites; or (viii) use the Mobile Bridges name including Mobile Bridges, chat40200.com, URL, Trademarks, or use the Mobile Bridges Server, or other materials in connection with, or to transmit, any "spam." For the purposes of this agreement, "spam" has the meaning generally understood among Internet users;
4. Any transmission of data from your computer equipment or system will be free from (i) intentionally injurious instructions (e.g. "viruses") that are designed to modify, damage, delete or disable the Sites or any applications thereon; (ii) any hidden passwords that permit unauthorized access to the data or the Sites, or (iii) any embedded code that could trigger, shut down or disable the Sites;
5. You shall not submit or otherwise publish any content that: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including (but not limited to) violating anyone's copyrights or trademarks; (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. If a third party notifies Mobile Bridges of your intellectual property infringement including but not limited to violations of registered copyrights and trademarks, Mobile Bridges shall remove any such infringing material from the Site without notice to you.
21. Violation Of Intellectual Property Rights
If Mobile Bridges, (a) receives a Notice alleging that you have engaged in infringing behavior or (b) reasonably suspects that your use of the Products and Services or the Downloads violates Mobile Bridges' or others' intellectual property rights, Mobile Bridges may, in its sole discretion, suspend or terminate your account with or without notice to you. If Mobile Bridges suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, and Mobile Bridges will not refund any portion of your fees charged to date.
22. Trademarks
All trademarks, Products and Services marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Products and Services are the property of Mobile Bridges and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.
23. No Resale
In addition to the restrictions set forth above, you expressly acknowledge and agree that you will not copy, distribute, sell, resell or exploit for any commercial purposes, any portion of the Products and Services (or any Downloads accessible on or through the Products and Services), or your user name or password.
24. Promotions And Advertising
Mobile Bridges and/or its, affiliates, business partners or others may present advertisements and promotional materials on or through the Products and Services, including news, promotional messages or offers delivered via email (to the extent permitted by applicable law) ("Promotions"). You consent to receiving such Promotions. Your participation in any of Mobile Bridges' Promotions is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Products and Services, including payment and delivery of related goods or Products and Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither Mobile Bridges nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with third parties via the Products and Services.
25. Links To Third Party Sites
The Products and Services may present links to retailers and/or other third-party Web sites not owned or operated by Mobile Bridges. These links are provided only as a convenience to you. Neither Mobile Bridges nor its affiliates or business partners are responsible for the availability of these outside sites or their contents. You understand and agree that neither Mobile Bridges nor its business partners are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such Sites or goods or Products and Services available through any such Sites. You should direct any concerns regarding these third-party sites to their respective site administrators.
26. Modifications To Products And Services
Mobile Bridges reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Products and Services (or any part thereof) with or without notice to you. You agree that neither Mobile Bridges nor its officers, directors and employees, partners, parents, subsidiaries, agents, affiliates and/or licensors and licensees shall be liable to you or to any third party for any modification, suspension or discontinuance of the Products and Services.
27. Remedies
You understand and agree that any unauthorized use of the Products and Services would result in irreparable injury to Mobile Bridges and/or its affiliates or licensors for which money damages would be inadequate, and in such event Mobile Bridges its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Mobile Bridges, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
28. Indemnity
You agree to indemnify and hold harmless Mobile Bridges and its officers, directors and employees, partners, parents, subsidiaries, agents, affiliates and/or licensors and licensees from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Products and Services or breach of any of your representations or warranties contained in this Agreement (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.
You agree to indemnify and hold Mobile Bridges, its officers, directors and employees, its partners, parents, subsidiaries, agents, affiliates and/or licensors and licensees, as applicable, harmless for any improper, unauthorized or illegal uses of your account or breach of any of the representations or warranties contained in this Agreement
29. Miscellaneous
This Agreement and any other terms or documents referred to herein represent your entire agreement with Mobile Bridges with respect to your use of the Products and Services. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Mobile Bridges' failure to pursue any available claim or defense pursuant to this Agreement will not be a waiver of such claim or defense.
The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
The laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules, govern this Agreement and your use of the Products and Services. Except for the right of Mobile Bridges to apply to a court of competent jurisdiction for a Temporary Restraining Order, a Preliminary Injunction, or other equitable relief to preserve the status quo or prevent irreparable harm pending the appointment of one or more arbitrators, or for Mobile Bridges’s right to bring a simple suit for outstanding moneys due to Mobile Bridges under this Agreement, you expressly agree that the courts in the State of Virginia, Loudoun County have exclusive jurisdiction over any claim or dispute with Mobile Bridges or relating in any way to your account or your use of the Products and Services or the Downloads. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts of the Loudoun County in connection with any such dispute including any claim involving Mobile Bridges or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers.
30. Termination, Cancellation And Plan Changes
Mobile Bridges may in its sole discretion terminate this Agreement or suspend your account at any time with or without notice to you if you breach (or if Mobile Bridges reasonably suspects that you have breached) any provision of this Agreement. If Mobile Bridges terminates this Agreement, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you, and Mobile Bridges will not refund any portion of any fees paid by you for the use of the Products and Services. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with Mobile Bridges. This includes, but is not limited to, any dispute related to or arising out of: (a) any term of this Agreement or Mobile Bridges’s enforcement or application of the same; (b) any policy or practice of Mobile Bridges, including its Privacy Policy, or Mobile Bridges's enforcement or application of these policies; (c) the Downloads; (d) Interactive Chat; (e) your use of and/or ability to access and use the Products and Services; and (f) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
Mobile Bridges will not refund any fees in the event that the requested Download or Interactive Chat is not compatible with your handset. For Interactive Chat compatibility, please consult the owner’s manual of your respective wireless device.
31. Notice
From time to time, we may change this Agreement. The effective date of the Agreement, as stated above, indicates the last time this Agreement was revised or materially changed. You acknowledge and agree that it is your responsibility to review the Sites and this Agreement periodically, and to be aware of any modifications. Your continued use of the Sites and the Products and Services after any such modifications will constitute your agreement to abide by and be bound by the modified Agreement. If you do not agree to be bound by (or cannot comply with) the Agreement as amended, you agree that your sole remedy is to cease using the Products and Services. You may stop the receipt of any respective Products or Services for which you have subscribed, by sending a text message to 40200, containing the message, "STOP".
32. Effective Date
This policy was last modified January 6, 2009.