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.

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."


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.

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.

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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