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Terms and Conditions
MobileBible.com provides daily bible versers to mobile phones on the following carriers:
By signing up to this service, members accept all risks and costs associated with sending standard rated text messages. In the event that this system sends messages too frequently, the member agrees to pay for the cost of these standard rated messages and not hold MobileBible.com responsible for these costs. In the event that messages are not sent, the member shall not hold MobileBible.com responsible. This service is currently in a beta test phase and it is prone to problems. By using this service, members agree to send feedback about problems to support@mobilebible.com. Termination, Cancellation MobileBible.com reserves the right to terminate or cancel any member for any reason. Proprietary Rights The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Website is strictly prohibited. Systematic retrieval of material from the Website by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from MobileBible.com is prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Website. The posting of information or material on the Website by MobileBible.com does not constitute a waiver of any right in such information and/or materials. Privacy Policy Use of the Website, and all comments, feedback, information, Registration Data or materials that you submit through or in association with the Website, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Website, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, Click Here. Indemnification You agree to indemnify, defend and hold MobileBible.com, their parents, subsidiaries and affiliates, and each of their respective officers, executives, employees, owners, and authorized agents (each a "Covered Party"), harmless from and against any and all loss, liability, claims and/or demands (including reasonable attorneys' fees, costs and settlement amounts) made by any third party due to, or arising out of, your use of the Website and/or arising from your breach of the Agreement. WARRANTIES/LIMITATION OF LIABILITY YOU EXPRESSLY AGREE THAT ACCESS AND/OR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MOBILEBIBLE.COM AND THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOBILEBIBLE.COM AND THE COVERED PARTIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MOBILEBIBLE.COM AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBILEBIBLE.COM THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. MOBILEBIBLE.COM AND THE COVERED PARTIES ARE NOT RESPONSIBLE TO YOU AND/OR ANY THIRD PARTY, WITHOUT LIMITATION, FOR: (A) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OF THE WEBSITE OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF, USER AND/OR CONTESTANT COMMUNICATIONS INCLUDING, WITHOUT LIMITATION, FAILURE TO RECOGNIZE AND/OR RECORD A WEB GUESS AND/OR FAILURE TO RECEIVE A REDEMPTION FORM; (B) THE CONDUCT OF ANY CONTESTANT, WHETHER ONLINE OR OFFLINE, INCLUDING, WITHOUT LIMITATION, ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR OTHER CONDUCT OF ANY OTHER PARTY; (C) ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; OR (D) ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. THE MAXIMUM LIABILITY OF MOBILEBIBLE.COM AND THE COVERED PARTIES TO YOU OR TO ANY THIRD-PARTY, IN THE AGGREGATE, UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO FIVE HUNDRED DOLLARS ($500.00). IF YOU ARE DISSATISFIED WITH THE WEBSITE AND/OR THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE PARTICIPATION IN THE PROMOTION AND TO DISCONTINUE USE OF THE WEBSITE. Miscellaneous. You are solely responsible for providing all personal computer and communications equipment necessary to gain access to the Website. MobileBible.com does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with by numerous factors outside of MobieBible.com's control. Terms that, by their nature, would survive any termination of the Agreement shall survive any termination of the Agreement. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement, or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against MobileBible.com, the covered parties and their employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that MobileBible.com and the covered parties incur in seeking such relief. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. You agree that you hereby waive any right to, and will not, participate in any class action lawsuit related in any manner to the Website. To the extent that anything in, or associated with, the Website is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. MobileBible.com's failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Legal Warning Any attempt by any individual, whether or not a Contestant, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website, is a violation of criminal and civil law and MobileBible.com will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity. Contact Us You may also contact customer service via email at support@mobilebible.com. |
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