This agreement contains the essential terms of service (the "Terms of Service" or "ToS") to use Tellme's mobile application and service ("Tellme by Mobile"), including any third party software and services made available to you in conjunction with this software and/or the related service (collectively the "Product"). In order to use the Product, you agree to be bound by these Terms of Service. Tellme reserves the right to update the ToS at any time without notice to you. The most current version of the ToS can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.
IF YOU DO NOT AGREE WITH ALL OF THE BELOW TERMS OF SERVICE AND THOSE CONTAINED IN THE OTHER AGREEMENTS IDENTIFIED BELOW, DO NOT PROCEED WITH USE OF THE PRODUCTS.
While we want you to enjoy the Product's features to the fullest extent possible, please DO NOT USE the Product while driving. It may be dangerous for both you and the other drivers on the road.
The Products are designed to be used in conjunction with Tellme's other services, such as directory assistance, and also may be used with other Tellme services such as 1-800-555-TELL, voice information, voice activated dialing, etc... Accordingly, you agree and acknowledge that your use of the Product are also subject to, as they may apply:
To the extent that there is any inconsistency or conflict between the above additional documents and these Terms of Service, the provisions of these Terms of Service take precedence.
When you download the Products, Tellme will send a text message that informs you that you need to download certain Products, as identified in the text message. Certain carriers or providers might charge you for receiving the text message or the download, as per your text messaging plan with that carrier. Also, depending on your plan and your carrier or provider, you may be charged for use of your mobile phone when you access certain Tellme services through the Products. Tellme by Mobile uses data transfer to send your requests and responses from the service to your phone. Standard data charges apply, as with any data application. If you do not know whether you have a data plan, or your data access rates, please contact your carrier. Please discontinue use of the Products if you do not agree to accept such charges.
Unless otherwise specified, the Product is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Product.
As a condition of your use of the Product, you will not use the Product for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Product in any manner that could damage, disable, overburden, or impair any Tellme server, or the network(s) connected to any Tellme server, or interfere with any other party's use and enjoyment of any Product. You may not attempt to gain unauthorized access to any Product, other accounts, computer systems or networks connected to any Tellme server or to any of the Product, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Product.
The Product may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Product"). You agree to use the Communication Product only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Product, you will not:
Tellme has no obligation to monitor the Communication Product. However, Tellme reserves the right to review materials posted to the Communication Product and to remove any materials in its sole discretion. Tellme reserves the right to terminate your access to any or all of the Communication Product at any time, without notice, for any reason whatsoever.
Tellme reserves the right at all times to disclose any information as Tellme deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Tellme's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Product. Tellme does not control or endorse the content, messages or information found in any Communication Product and, therefore, Tellme specifically disclaims any liability with regard to the Communication Product and any actions resulting from your participation in any Communication Product. Managers and hosts are not authorized Tellme spokespersons, and their views do not necessarily reflect those of Tellme.
Materials uploaded to the Communication Product may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
See Notice and Procedure for Making Claims of Copyright Infringement.
Unless you have Tellme's prior written consent from an authorized representative, you agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Product or its related services.
Furthermore, you may not use the Product in any manner that could damage, disable, overburden, or impair Tellme's services (e.g., you may not use the Product in an automated manner), nor may you use the Product in any manner that could interfere with any other party's use and enjoyment of Tellme's services.
You agree and acknowledge that Tellme owns all rights, title and interest in and to the Product, including without limitation all associated Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree to not remove, obscure, or alter Tellme's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Product.
Unsolicited messages. Tellme reserves the right to block unsolicited messages, but you may receive unsolicited messages from other parties. Be advised that sending unsolicited commercial messages, or SPAM, is illegal in many states. Please do not send the introductory text message which contains the link to download the Products to recipients who have not consented to receive such text messages. In addition to other penalties provided by law, anyone who uses the Tellme network to send SPAM risks having their service terminated and/or their messages blocked.
Message Security. Unintended parties may receive your message. Tellme is not responsible for messages that are lost or misdirected. Your telephone number and message may be intercepted by third parties without your or Tellme' knowledge or permission. Tellme is not responsible for information sent using this messaging service.
The Product's service may includes search results such as stock quotes, directory listings, bulletin board comments, ratings, news, traffic conditions, driving directions, flight times, movie times, and other related information and content provided by third parties. Tellme makes no representations or warranties regarding the accuracy or completeness of the information provided by these third parties. Please do not rely on the accuracy of the content delivered to you. Tellme is not responsible for the content delivered by third parties via the Product.
Tellme and its affiliates may collect and/or record your mobile phone model, your mobile phone number, GPS coordinates, the voice or text query content that you sent using the Tellme by Mobile application, the response that you received on your mobile phone and other iterative communication between you and the Tellme by Mobile application. Tellme does not collect your address, or any other personally identifiable information. By using this product, you consent to Tellme and its affiliate's recording of any voice utterances you may make while using the Tellme by Mobile application. Such utterances will only be used for quality improvement purposes. Please see Tellme's Privacy Policy Statement for more details at http://www.tellme.com/about/legal/privacy_policy.
Map information provided through Tellme is intended for informal noncommercial purposes only. You may find that construction projects, traffic conditions or other events may cause road conditions to differ from the map results.
You may not delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing in map information, including photographic imagery. Geocoding data for map content in the Product are provided under license by third parties, and is subject to copyright protection and other intellectual property rights owned by or licensed to such third parties. The use of this material is subject to the terms of a separate license agreement. You may be held liable for any unauthorized copying or disclosure of this material, and by using the Product you agree to make such third party beneficiaries of this agreement. Except where you have been specifically licensed to do so by an authorized representative of Tellme, you may not use the Product with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications.
Also, you may not use the Product in a manner which gives you or any other person access to mass downloads or bulk feeds of numerical latitude and longitude coordinates.
The sites, content or information displayed as search results, community message board postings, news, sports, financial and other information, advertising and coupons and other information received by you via a Tellme service ("Content"), are created by people over whom Tellme exercises no control. Tellme acts only as an intermediary publisher of such content and exercises no editorial control over such Content. Certain Content using Tellme's services may produce results and/or links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Tellme search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Tellme services.
You may not send automated queries of any sort to Tellme's system or services without express permission in advance from Tellme. Note that "sending automated queries" includes, among other things:
Tellme may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Tellme and any third party who makes its software or services available in conjunction with or through the Product disclaim any and all responsibility for any harm resulting from your use of the Product and/or any third party software accessed in conjunction with or through the Product.
THE PRODUCTS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. TELLME AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TELLME AND ANY SUCH THIRD PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND ANY SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE PRODUCTS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PRODUCTS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL TELLME OR ANY THIRD PARTY WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCTS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE PRODUCTS. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF TELLME AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPLICATIONS OR PRODUCTS, FROM INABILITY TO USE SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCTS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCTS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between you and Tellme with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Tellme.
April 2008 © Tellme Networks, Inc., All Rights Reserved
Tellme by Mobile includes TinyLine software. TINYLINE VERSION 1.8 Copyright (C) 2002-2004 Andrew Girow. All rights reserved. The use of TinyLine is free of charge for personal and commercial use. Redistribution in binary form is permitted provided that the following conditions are met: 1. Redistributions must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 2. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes TinyLine software developed by Andrew Girow (http://www.tinyline.com)." 3. Distribute TinyLine complete and unmodified. You may not decompile, or reverse engineer TinyLine. You may not distribute additional software intended to replace any component(s) of TinyLine. You may not remove or alter any proprietary legends or notices contained in TinyLine. THIS SOFTWARE IS PROVIDED 'AS IS' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. For more information on the TinyLine, please see http://www.tinyline.com.