Terms of Use
This
Web Site and its contents, unless otherwise indicated, are
the property of Simon & Schuster, Inc., and/or its
subsidiaries or affiliates (collectively "S&S")
and are protected, without limitation, by U.S. and foreign
copyright and trademark laws.
By accessing or using this Site, you agree to the terms
set forth in these Terms of Use which constitute an agreement
between you and S&S. If you do not agree with the Terms
of Use, you should leave the Site immediately. S&S reserves
the right, in its sole discretion, to modify or otherwise
update these Terms of Use at any time and you agree to be
bound by such modifications or updates. You agree to review
these Terms of Use on a periodic basis. You must be 13 or
older to join Stephen King Mobile.
Use of Materials Contained on this Site The Site contains material that is derived in whole or in
part from material supplied by S&S and other sources,
and is protected by U.S. and international copyright and
trademark laws. No material (including but not limited to
the text, images, audio and/or video) and no software (including
but not limited to any images or files incorporated in or
generated by the software or data accompanying such software)
(individually and collectively the "Materials")
may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way or decompiled, reverse
engineered or disassembled, except that you may download
one copy of the Materials on any single computer for your
personal, non-commercial home use only, provided you keep
intact all copyright and other proprietary notices. Modification
of the Materials or use of the Materials for any other purpose
is a violation of S&S's or such other sources' copyright,
trademark and other proprietary rights. The use of any such
Materials on any other web site or networked computer environment
without S&S's express written consent is prohibited.
Limitation of Liability
Under no circumstances
shall S&S, its parent companies
or affiliated entities or any of their respective directors,
officers, employees or representatives be liable for any
claims, charges, demands, damages, liabilities, losses, and
expenses of whatever nature and howsoever arising, including,
without limitation any compensatory, incidental, direct,
indirect, special, punitive, or consequential damages, loss
of use, loss of data, loss caused by a computer or electronic
virus, loss of income or profit, loss of or damage to property,
claims of third parties, or other losses of any kind or character,
even if S&S has been advised of the possibility of such
damages or losses, arising out of or in connection with the
use of this Web Site or any Web Site with which it is linked.
You assume total responsibility for establishing such procedures
for data back up and virus checking as you consider necessary.
User Conduct
Users are not permitted to upload, transmit, distribute
or otherwise publish through this Web Site any content which
is libelous, defamatory, obscene, pornographic, threatening,
invasive of privacy or publicity rights, abusive, illegal
or otherwise objectionable that would constitute or encourage
a criminal offense, violate the rights of any party, or that
would otherwise give rise to liability or violate any law.
Shopping
All transactions initiated through this Site for the purchase of ringtones or
wallpaper will be processed, billed and fulfilled by your wireless telephone
service provider, as designated by you at the time of purchase. We have no
responsibility or liability whatsoever for the goods or services you may obtain
in such manner, nor are we responsible for assisting you in correcting any
problem you may experience relating to such purchase. EXCEPT AS SPECIFICALLY
SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING
FROM OR RELATING IN ANY WAY TO ANY AND > ALL PRODUCTS OR SERVICES. EXCEPT
AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY
AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY
OR OF FITNESS FOR A PARTICULAR PURPOSE." |
IN NO EVENT SHALL S&S, ITS PARENT
COMPANIES AND AFFILIATED ENTITIES OR THE DIRECTORS, OFFICERS,
EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE
FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES
RELATED TO ANY PRODUCT SOLD ON OR THROUGH THIS SITE.
Linked Sites
S&S has provided links with other internet sites that
are maintained by third parties. S&S is not responsible
for content or the practices of such third party sites. These
terms and conditions apply solely to the S&S Site and
you should always review the terms and conditions of any
site that you access through a link from this Site.
Indemnification
You hereby agree to indemnify
and hold harmless S&S
from and against any and all claims, charges, demands, damages,
liabilities, losses, expenses, and liabilities of whatever
nature and howsoever arising (including, but not limited
to any legal or other professional fees and the costs of
defending or prosecuting any claim and any loss of profit,
goodwill, and any other direct or consequential loss), incurred
or suffered by S&S directly or indirectly by reason of
any act or omission which you commit in breach of these terms
and conditions and the obligations and warranties contained
in them.
Other
This site is controlled and operated
by Flytxt from its offices in the State of Washington, United
States of America. S&S makes no representations that
materials on this site are appropriate or available for use
in other locations. Those who choose to access this site
from other locations do so at their own risk and are responsible
for compliance with any and all local laws, if and to the
extent local laws are applicable.
Your use and browsing of the Site is at your risk. If you
are dissatisfied with any of the Materials contained in the
Site, or with any of these Terms of Use, your sole and exclusive
remedy is to discontinue accessing and using the Site.
These Terms of Use contain the entire understanding and
supersede all prior understanding of the parties hereto relating
to the subject matter hereof, and cannot be changed or terminated
orally. If any provision of these Terms of Use are found
to be illegal or unenforceable, these Terms of Use will be
deemed curtailed to the extent necessary to make it legal
and enforceable and will remain, as modified, in full force
and effect.
This agreement shall be governed by, construed and enforced
in accordance with the laws of the State of New York without
giving effect to any principles of conflicts of law. You
agree to submit to the exclusive jurisdiction of the courts
of the state New York and the federal courts located in New
York City, New York.
(c) 2001 Simon & Schuster, Inc
Revised: January 12, 2006
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