How to Participate: Remember that to participate in the
RockStarSexLife Mobile Program, you must
have text messaging enabled on your phone, and subscribe to a
participating cell phone carrier.
Cost to Participate: RockStarSexLife Mobile Program's rates, standard messaging and data fees may apply. Check your
mobile plan for more details.
Find Your Carrier: The RockStarSexLife Mobile Program is compatible
with AT&T, Sprint, T-Mobile, Nextell, ALLTEL, Dobson, Boost and
Verizon Wireless phones. To participate, the recipient’s phone must to
be text message-enabled. RockStarSexLife Mobile Program can not guarantee
this program will work for all users.
Help: At any time, may contact
customer service for additional details.
Privacy: All mobile phone information we collect for this
program is shared with trusted partners.
Agreement: By participating in
RockStarSexLife Mobile Program, you
are agreeing to the terms and conditions presented here.
USA:
Currently, the Service is only available to residents of
the United States. You understand and acknowledge that you may not
sign up for, access, or attempt to access or use the Service from
countries outside of the U.S. You agree to abide by U.S. 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. Keep it in the States.
Privacy Policy: For additional information regarding
RockStarSexLife’s use of information collected in connection with the
Service, please refer to RockStarSexLife’s Privacy Policy, a copy of which
is available
here.
SMS Messaging: An SMS/text-message subscriber may stop
participating and receiving messages from the program by emailing
customer service. The
words “END,” “CANCEL,” “UNSUBSCRIBE” and “QUIT” are also opt-out words
associated with this program. Subscribers in need of assistance must
send the keyword “HELP” to the program.
Client is not responsible for incomplete, lost, late, damaged,
illegible or misdirected mobile messages or for any technical
problems, malfunctions of any telephone lines, computer systems,
servers, providers, hardware/software, lost or unavailable network
connections or failed, incomplete, garbled or delayed computer
transmission or any combination thereof. Client is not responsible for
any liability for damage to any computer system resulting from
participation in or accessing or downloading information in connection
with this program. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO
DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION
OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH
AN ATTEMPT BE MADE, CLIENT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY
SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Client
reserves the right at its sole discretion to disqualify or restrict
access from any individual who tampers with the program process. In
the event of a dispute regarding any entry, the entry will be deemed
made by the authorized account holder of the internet address
submitted at the time of entry (i.e., the natural person who is
assigned to an e-mail address by an Internet access provider, on-line
service provider or other organization responsible for assigning IP
addresses for the domain associated with the action). Client assumes
no responsibility for undeliverable mobile messages resulting from any
form of active or passive mobile filtering by a user's mobile provider
or for insufficient space in user’s mobile phone account to messages.
Client reserves the right, in its sole discretion, to cancel or
suspend this program should a virus, bugs, or other causes beyond the
control of the Client corrupt the administration, security or proper
operation of the program. In the event of termination, a notice will
be posted on-line. Client reserves the right to modify the promotion
or disqualify participants if fraud, misconduct or technical failures
destroy the integrity of the program as determined by Client, in its
sole discretion. All federal, state and local laws and regulations
apply.
BY USING CLIENT, (“CLIENT”) SOFTWARE PRODUCT (THE “PRODUCT”), YOU ARE
AUTOMATICALLY AGREEING TO AND SHOW THAT YOU HAVE READ AND UNDERSTOOD
THE TERMS AND CONDITIONS CONTAINED WITHIN THIS FREEWARE SOFTWARE
LICENSE AGREEMENT (THE “AGREEMENT”). BY CLICKING THE ACCEPTANCE BUTTON
FOR THE PRODUCT, YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY
TO THIS AGREEMENT AS THE “LICENSEE”. AFTER CLICKING THE ACCEPTANCE
BUTTON, YOUR CONTINUED USE OF THE PRODUCT INDICATES YOUR CONTINUED
ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT CLICK THE ACCEPTANCE
BUTTON, YOU MAY NOT USE THE PRODUCT. THIS AGREEMENT IS SUBJECT TO
CHANGE BY CLIENT AT ANY TIME WITHOUT NOTICE. ALL RIGHTS TO USE THE
PRODUCT ARE GRANTED ON THE CONDITION THAT SUCH RIGHTS ARE FORFEITED IF
LICENSEE FAILS TO COMPLY WITH THE AGREEMENT.
1. Fees. The Product is provided at this rate. The Product is only available via mobile WAP
on mobile compatible html5 web pages.
2. License Agreement. Subject to the terms and conditions of
this Agreement, Client grants Licensee a limited, revocable,
non-exclusive and non-transferable license-at-will (the “License”) to
reproduce (solely as necessary to use the Product) and use the
executable code version of the Product, provided any copy must contain
all of the original proprietary notices. Nothing in this License will
entitle Licensee to receive from Client hard-copy documentation,
technical support, telephone assistance, or updates to the Product.
Client may terminate this Agreement at any time, for any reason or no
reason, with or without notice, and without any obligation to
Licensee. Upon termination, Licensee agrees to destroy all copies of
the Product.
3. Restrictions. Licensee may not: (i) modify, revise,
translate or create any derivative works of the Product or supporting
documentation; (ii) decompile, reverse engineer, disassemble or
otherwise attempt to derive the source code for the Product; (iii)
redistribute, sell, rent, lease, sublicense, or otherwise transfer
rights to the Product; or (iv) remove or alter any proprietary
notices, legends, symbols or labels in the Product, including, but not
limited to, any trademark, logo, copyright.
4. Proprietary Rights. Title, ownership rights, and
intellectual property rights in the Product and all copies thereof
shall remain in and with Client or its assigns. The Product is
protected by copyright and other intellectual property laws and by
international treaties. Licensee agrees to undertake such steps as are
necessary in order to protect the Product against unauthorized copying
or use.
5. User Conduct.
You agree not to use the Product, or any
results from your use of the Product, to:
· Upload, transmit or communicate any data that is unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, invasive
of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
· Harm minors in any way;
· Impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity;
· Forge headers or otherwise manipulate identifiers in order to
disguise the origin of any data transmitted to other users;
· Upload, transmit, access or communicate any data or information that
you do not have a right to transmit under any law or under contractual
or fiduciary relationships;
· Upload, transmit, access or communicate any data that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
of any party;
· Upload, transmit or communicate any data that contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
· Intentionally or unintentionally violate any applicable local,
state, national or international law, including any privacy laws of
any applicable jurisdiction;
· “Spam”, “stalk” or otherwise harass another;
· Collect or store personal data or other information about other
users or non-users; or
· Intentionally make available spoofed files or files with information
designed to misidentify the actual content of the file.
6. Disclaimer of Warranty. THIS PROGRAM IS PROVIDED 'AS IS'
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES THAT IT IS FREE OF
DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
PROGRAM IS WITH LICENSEE. SHOULD THE PROGRAM PROVE DEFECTIVE, LICENSEE
ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER
THIS DISCLAIMER.
7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL CLIENT, MOTOR SALES U.S.A., INC., AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUBCONTRACTORS, REPRESENTAITVES, AFFILIATES, SUPPLIERS, AND
ADVERTISING AGENCIES (COLLECTIVELY, THE “CLIENT PARTNERS”) BE LIABLE
TO LICENSEE FOR DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, LOSS OF
DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY LICENSEE OR
THIRD PARTIES, A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR
EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS
BASED. IN ANY CASE, THE COLLECTIVE LIABILITY OF CLIENT AND/OR CLIENT
PARTNERS UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE
AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT APPLY TO LICENSEE.
8. U.S. Government Restricted Rights. The Product is provided
with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in subparagraph
(b)(3) of The Rights in Technical Data clause of DFARS 252.227-7013;
subparagraph (b)(3) of The Rights in Noncommercial Computer Software
and Noncommercial Software Documentation clause of DFARS 252.227-7014;
subparagraph (c) of DFARS 252.227-7103-5; subparagraph (a) of DFARS
227.7202-3; or subparagraphs (c)(1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
9. Release. Licensee further agrees to release, discharge,
indemnify and hold harmless Client and Client Partners from and
against any claims, damages, expenses or liability arising from or
related to any injuries, damages or losses to any person or property
of any kind resulting in whole or in part, directly or indirectly,
Licensee’s use of the Product, or use of Client’ or Client Partners’
services, including, without limitation, Licensee’s breach of any
terms or representations contained in this Agreement or the use by
Client or Client Partners of any of the rights granted by Licensee.
10. Miscellaneous.This Agreement constitutes the entire
agreement between the parties concerning the subject matter hereof.
This Agreement will be governed by and construed in accordance with
the laws of the state of California, excluding that body of laws
pertaining to conflict of laws. If any provision of this Agreement is
determined by a court of law to be illegal or unenforceable, such
provision will be enforced to the maximum extent possible and the
other provisions will remain effective and enforceable. All disputes
relating to this Agreement are subject to the exclusive jurisdiction
of the courts of California and Licensee expressly consent to the
exercise of personal jurisdiction in the courts of California in
connection with any such dispute including any claim involving Client
and/or the Client Partners. A waiver by either party of any term or
condition of this Agreement or any breach thereof, in any one
instance, shall not waive such term or condition or any subsequent
breach thereof. If any dispute arises under this Agreement, the
prevailing party shall be reimbursed by the other party for any and
all legal fees and costs associated therewith. Client shall have the
right to modify this Agreement from time to time. You understand and
agree that your continued use of the Product indicates your acceptance
of any such modifications, which shall become a part of this
Agreement.
11. Licensee Outside the U.S. If Licensee is located outside
the U.S., then the provisions of this Section 11 shall apply. The
parties confirm that this Agreement and all related documentation is
and will be in the English language. If the law of Licensee’s country,
state, or province of residence prohibit or limit Licensee’s ability
to use the Product, then Licensee shall be responsible for complying
with such laws and agrees to indemnify Client and the Client Partners
against any breach. Licensee agrees that the Product will not be
shipped, transferred or exported into any country or used in any
manner prohibited by the United States Export Administration Act or
any other export laws, restrictions or regulations (collectively the
"Export Laws"). In addition, if the Product is identified as export
controlled items under the Export Laws, Licensee represents and
warrants that he or she is not a citizen, or otherwise located within,
an embargoed nation (including without limitation Iran, Iraq, Syria,
Sudan, Libya, Cuba, North Korea, and Serbia) and that Licensee is not
otherwise prohibited under the Export Laws from receiving the Product.
12. All questions concerning this Agreement shall be directed to
customer service.
If you believe that your copyright or intellectual property has been
infringed through the use of this Site, please contact
customer service.
Updated last on 01/02/2020