Last Modified: February 2012
MOBILE TERMS OF SERVICE
MOBILE TERMS OF SERVICE
A. How to Opt-in: To opt-in or subscribe to our service, you can register from our website, or text the vendor code to 74642, and we’ll guide you through the process from your mobile phone.
B. How to Opt-out: To opt-out of our SMS service, text STOP to 74642 and you will be unsubscribed from our SMS text messaging service immediately. We will send you an SMS confirming that you have been unsubscribed and you will not receive any additional messages unless you re-register on our website.
C. How to get help or support: To get help, text HELP to 74642, email us at firstname.lastname@example.org, or call our toll free number at 1866-771-4767.
D. Supported Carriers: This program is accessible to subscribers to any of the following carriers: Verizon Wireless, AT&T, T-Mobile, Sprint, Alltel Wireless, Nextel, U.S. Cellular, Cellular One.
E. Message and data rates may apply. Ping Mobile does not charge any additional fees for use of the service
F. A PingRewards subscription is ongoing and may be cancelled at any time by sending STOP to 74642. You may receive up to 8 messages per month.
G. Ping Rewards provides the following mobile services: Subscription alerts (Max 8 msg/mth), voting, binary content and sweepstakes.
WELCOME TO PingRewards! PingRewards IS A PORTAL ("PORTAL") AND SERVICE PROVIDED BY PING MOBILE LLC ("PING MOBILE") WHERE SUBSCRIBERS, LIKE YOURSELF, CAN RECEIVE COUPONS AND OTHER PROMOTIONAL MATERIALS THAT ARE SENT TO THEIR MOBILE DEVICES FROM PARTICIPATING ADVERTISERS (THE "SERVICE"). THE PROVISIONS SET
IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ATTEMPT TO USE THE PORTAL OR ANY ASPECT OF THE SERVICE IN ANY MANNER.
1.1 PING MOBILE expressly reserves the right to amend, supplement or modify this Agreement at any time without notice. The amended Agreement will be posted and made available at www.pingrewards.com/privacy, and you are responsible for regularly reviewing this Agreement for changes and amendments.
1.2 If you do not agree to be bound by (or cannot comply with) the Agreement as amended, your only remedy is to discontinue your use of the Portal and/or the Service. You will be deemed to have accepted the Agreement, as amended, if you continue to use the Portal and Service after such amendment is effective.
III. GRANT OF LICENSE
2.1 As long as you comply with the terms and conditions of this Agreement, Ping Mobile grants to you a non-exclusive, non-transferable limited right and license to use the Service on a single mobile device for your own non-commercial use. You may not reproduce, copy or distribute by any means, method or process whatsoever, any of the tools, features and technology which make up the Service (the "Service Elements") licensed under this Agreement, including, without limitation, transferring or downloading the Service Elements to a computer hard driver, or otherwise copying any or all of the Service Elements onto any other storage medium.
2.2 Your use of the Service and the Service Elements constitutes your acknowledgement that the foregoing and all derivations and copies thereof are the sole and exclusive property of Ping Mobile and its licensors which is protected by all applicable local, state, federal and international intellectual property and other laws and treaties. The structure, organization and underlying code of the Service and the Service Elements are the valuable trade secrets and confidential information of Ping Mobile.
2.3 Unless expressly permitted in this Agreement you may not:
(i) distribute, redistribute, sell, rent, lease, sublicense, assign or otherwise transfer any of your rights to the Service,
2.4 You understand that the Service and software embodied therein may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Ping Mobile and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
IV. ACCOUNT REGISTRATION
3.1 To establish an account on the Portal in order to use the Service, you must go to the Portal and click on Join Now. You will be prompted to provide certain information (e.g., name, mobile phone number and other contact information) to Ping Mobile (collectively, the "Registration Data"). You agree to provide Ping Mobile current, complete and accurate Registration Data at the time you register, and that you will update your Registration Data as necessary to keep it current, complete and accurate in the "My Account" section of the site.
3.3 If you provide Registration Data that is untrue, inaccurate, not current or incomplete, or Ping Mobile has reasonable grounds to suspect that your Registration Data is untrue, inaccurate, not current or incomplete, Ping Mobile has the right to suspend or terminate your account at any time without notice, and disallow you from any future use of the Service, in whole or part.
3.4 You acknowledge, consent and agree that Ping Mobile may access, preserve, and disclose your Registration Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
V. CONTENT (3RD PARTY AND PING
4.1 Ping Mobile provides its users with access to a rich collection of mobile promotional materials from exciting Advertisers in many different industries. You acknowledge, however, that Ping Mobile is merely a distributor (and not a publisher) of content supplied by third party Advertisers. Accordingly, Ping Mobile has no more editorial control over such content than does a library or bookstore. Any information or content distributed or made available via the Service which is supplied by third parties are those of the respective submitters, and not of Ping Mobile. Moreover, content and promotional materials delivered via the Service may be objectionable, inappropriate or offensive to some users. As a result of the foregoing, Ping Mobile cannot and does not guarantee the accuracy, completeness, usefulness or appropriateness of such content, nor its merchantability or fitness for a particular purpose.
4.2 The Portal and/or Service may let you connect with third-party Web sites and Web services, which Ping Mobile refers to herein as "links" and "tabs." Ping Mobile provides these links and tabs as a convenience to you, but it does not control third-party links and tabs and is not responsible for them. You are solely responsible for your dealings with any third party related to the Service, including the delivery of and payment for goods and services.
4.3 You agree that the Service may include certain mandatory communications from Ping Mobile, such as service announcements and administrative messages, and that these communications are considered part of the Service, You may not opt out of receiving them.
4.4 Your use and enjoyment of any coupon, promotional material or game that is delivered via the Service, including, without limitation, payment and delivery of goods or services, is strictly between the Advertiser and you. You agree and acknowledge that Ping Mobile shall not be responsible, whatsoever, to honor any coupon or oversee the delivery any product or services except as expressly and specifically stated herein, nor shall Ping Mobile be liable to you for any loss or damage of any sort incurred as a result of your use of any coupon, promotional material or game delivered via the Service.
4.5 You understand and agree that the Service is provided "AS-IS" and that Ping Mobile assumes no responsibility for the timeliness, deletion, mis-delivery or failure to deliver or store any of the content that is available on the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be deemed incorporated into the Service and subject to this Agreement.
VI. THIRD PARTY FEES
5.1 You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider, mobile carrier, text messaging or air time charges). You are solely responsible for those fees, including any and all fees associated with the delivery of the promotional materials. In addition, you must provide and are responsible for all equipment necessary to access the Service. Please consult your mobile service provider's pricing plan prior to using the Service to determine the charges for sending and receiving text messages from/to your mobile device.
VII. DISPUTE RESOLUTION
6.1 You understand that Ping Mobile has no obligation to resolve or mediate any dispute(s) by and between two or more users of the Service and/or between you and a Advertiser on the Service.
6.2 If you have a dispute with one or more Advertisers on the Service, you release Ping Mobile (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
VIII. UNLAWFUL CONDUCT
7.1 You agree to use the Portal and the Service for lawful purposes only and in strict compliance with the terms and conditions of this Agreement. No one under the age of eighteen (18) is permitted to register and/or utilize the Service under any circumstances.
7.2 You agree that you will not use the Portal and/or the Service in any manner that:
7.3 You may not use the Portal or the Service in any manner for purposes of planning, generation, processing or dissemination of:
7.4 You acknowledge that some content, materials, services, links and products on the Service may not be appropriate or available for use in all jurisdictions. Accessing any of the foregoing from any such jurisdiction is done at your own initiative and risk, and Ping Mobile is not responsible for your or its compliance with any other local applicable laws. You hereby agree that you will not access any such materials where prohibited by law.
IX. INTELLECTUAL PROPERTY
8.1 The Service, including without limitation, the Service Elements, are the property of Ping Mobile and are protected by copyrights, moral rights, trademark, service marks, patents, trade secrets and other proprietary rights and laws in the United States and abroad. Your rights with respect to your use of the same are governed by all the terms and conditions of this Agreement, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements. For the avoidance of doubt, your use of the Service is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through this Agreement or otherwise.
8.2 All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are either the property of Ping Mobile and/or its affiliates, licensors and/or licensees.
8.3 Under no circumstances shall you assert or contest any ownership rights in and to the Service, the Portal and/or Ping Mobile's intellectual property in any action or proceeding of whatever kind or nature, nor shall you take any action that may prejudice, render generic, weaken or diminish the good will associated with Ping Mobile's intellectual property rights. Ping Mobile retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. Upon termination of this Agreement, the license shall also terminate and all rights shall revert to Ping Mobile without the taking of action on the part of either party.
8.4 All rights not expressly granted herein by Ping Mobile to Advertiser are fully reserved by Ping Mobile, its advertisers and licensors.
X. NO WARRANTIES; LIMITATION OF LIABILITY
9.2 IN NO EVENT WILL ANY PING MOBILE PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF SUCH PING MOBILE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 9 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM
9.3 FOR ANY CAUSE, PING
9.4 The disclaimer of warranty, exclusive remedies and limited liability as set forth in this Section IX are fundamental and essential to the bargain contemplated by this Agreement. Without such limitations, Ping Mobile would be unable (economically) to provide the Service.
You agree to indemnify and hold Ping Mobile, and its officers, directors, employees, sub-contractors, subsidiaries, affiliates, agents, co-branders or other partners and representatives, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of this Agreement, and/or your violation of any rights of another.
Ping Mobile reserves the right to terminate this Agreement and your use of the Portal and Service at any time and for any reason or no reason at all. You may terminate this Agreement at any time simply by ceasing to use the Portal or the Service. The provisions contained herein shall survive termination of this Agreement. Upon Service termination, you're right to use the Service stops right away. ONCE THE SERVICE IS CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON THE PORTAL AND/OR THE SERVICE MAY NOT BE RETRIEVED LATER.
XIII. EXPORT CONTROL LAWS.
The export and re-export of the Service and other materials may be subject to the export laws and regulations of the
Should you violate this Agreement or any other rights of Ping Mobile, Ping Mobile reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all Service subscriptions.
XV. GOVERNING LAW.
This Agreement and the relationship between you and Ping Mobile shall be governed in accordance with the laws of the State of
XVI. GENERAL PROVISIONS.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. Ping Mobile's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the conduct between the parties nor trade practices shall act to modify any provision of this Agreement. You acknowledge that Ping Mobile and you are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship. Ping Mobile may assign its rights and duties under this Agreement to any party at any time without notice to you, but you may not assign your rights and obligations under any circumstances. This Agreement is the entire agreement between you and Ping Mobile relating to your use of the Service and supersedes any prior representations, discussions, undertakings, communications or advertising with respect to the Service. You may not amend this Agreement in any manner without Ping Mobile's express prior written approval.
By registering for the PingRewards™ service, you acknowledge that you accept these terms and conditions.