Bobsled

Terms And Conditions

To make it easier to provide you with Bobsled Service, T-Mobile can transfer rights to data about you to HDmessaging, Inc. This would only involve data previously collected through your use of the T-Mobile Bobsled Service, and is only with your consent.

HDmessaging, Inc.
Terms of Service For Bobsled

Last Updated:  November 21, 2013

This is an agreement between HDmessaging, Inc., a Delaware corporation (“HDM”), the owner and operator of the www.bobsled.com website and related www.bobsled.TLD sites (the “Bobsled Sites”), the Bobsled service (the “Bobsled Service”) and the Bobsled software apps provided to use on mobile devices to utilize the Bobsled Service (the “Bobsled Applications”), and you (“you” or “You”).  “Bobsled” means the Bobsled Sites, the Bobsled Service and the Bobsled Applications.  Please read the following terms and conditions and our Privacy Policy, which may be found at http://www.hdmessaging.com/privacy/ and which is incorporated herein by this reference (collectively, “Terms”). These Terms govern your access to and use of Bobsled.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING BOBSLED YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH HDM. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE BOBSLED AND YOU SHOULD NOT ACCESS OR USE BOBSLED.



PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.



Modification


We reserve the right, at our sole discretion, to modify, discontinue or terminate Bobsled or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Bobsled Sites or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of this page. By continuing to access or use Bobsled after we have posted a modification on the Bobsled Sites or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using Bobsled.

Eligibility and Account Registration


In order to access certain features of Bobsled you must register to create an account (“Account”) and become a “User.”

During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. HDM reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. We reserve the right to reclaim public placemarks and usernames on behalf of businesses or individuals that hold a legal claim or trademark on those public placemarks or usernames.



You must be at least 13 years old to use Bobsled. Any registration by, use of or access to Bobsled by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using Bobsled, you represent and warrant that you are 13 or older and that you agree to abide by these Terms.

You are responsible for safeguarding your password. We recommend using a strong password that contains letters and numbers. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify HDM of any unauthorized use of your Account.



Privacy


We consider your privacy one of our highest priorities. Please see our Privacy Policy at http://www.hdmessaging.com/privacy/ for information and notices concerning our collection and use of your personal information. 



IMPORTANT:  Uploading of Contacts and SMS/MMS Messages
The Bobsled Application will automatically upload and synchronize contact information from your phone to the Bobsled Services for use with Bobsled. This feature may be turned off during initial set-up and later in your Settings (Note: it will either be referenced as “synch” or “synchronization” of contacts or “upload” or “uploading” of contacts.) If you do not want your contacts uploaded and synchronized with Bobsled contacts, you should turn it off.

The Bobsled Application will also automatically upload and synchronize your SMS/MMS messages from your phone to the Bobsled Services for use with Bobsled. This feature may also be turned off during initial set-up and later in your Settings. (Note: will either be referenced as “synch” or “synchronization” of contacts or “upload” or “uploading” of contacts.) If you do not want your SMS/MMS messages uploaded and synchronized, you should turn it off.

Advertising and Scanning Bobsled Content
Bobsled may display advertisements and promotions. These advertisements and promotions may be targeted to the content or other information stored on Bobsled (including without limitation your information), or other information that HDM may have about you. The manner, mode and extent of advertising by HDM on Bobsled are subject to change without specific notice to you.

In consideration for HDM granting you access to and use of Bobsled, you agree that HDM may digitally scan content stored on Bobsled, including without limitation your user information and message content, in order to provide you with targeted advertising on Bobsled.

Fees


We reserve the right, at any time, to impose or restructure any fees charged by HDM for your use of Bobsled. HDM will notify you in advance of any changes with respect to fees we choose to impose.



NOTE:  HDM does not provide the data service for you to connect with and use Bobsled from your devices and you may be charged by your wireless service and/or internet service provider for data usage and/or SMS for your use of Bobsled.  We provide the means through which you can utilize the Bobsled Services by making available the Bobsled Site and the Bobsled Applications for use on your phone or other device.  If you choose to utilize the Bobsled Services, you thereby agree to receive such Bobsled Service on the device you provide for such purposes and understand that your internet service provider and/or wireless provider’s standard SMS and/or data rates may apply to these Bobsled Services. By using the Bobsled Services, you agree to be responsible for any fees that we may impose or are incurred by you as a result of your use of the Bobsled Services. You represent that you are the owner or authorized user of the device (“Authorized Device”) you use to access the Bobsled Services and that you are authorized to approve the applicable charges.



Bobsled Applications License
Subject to the terms and conditions of these Terms, HDM hereby grants to you a non-exclusive, non-transferable, non-sublicensable license to install and use the Bobsled Applications on one or more Authorized Devices, solely for the purposes of using the Bobsled Service. You shall not, and shall not permit others to (a) modify, translate, reverse engineer, decompile, disassemble or otherwise attempt to (i) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Bobsled Applications, or (ii) derive the source code or the underlying ideas, algorithms, structure or organization from the software from the Bobsled Applications (except to the extent that such activities may not be prohibited under applicable law); (b) alter, adapt, modify or translate the Bobsled Applications in any way for any purpose, including without limitation error correction; (c) sell, rent, transfer, resell for profit, distribute or create derivative works based upon the Bobsled Applications or any part thereof; (d) export or reexport, directly or indirectly, the Bobsled Applications into any country prohibited by the United States Export Administration Act and the regulations thereunder.
Certain Bobsled Applications may make use of open source software components, and some open source may be made available to you by HDM. Any user may request the source code for open source portions that are available, if any, for their application. To request the source code for such open source components, please send an email with your request to opensource(at)hdmessaging.com and please identify in your request the Bobsled Application you are using, including the version number and the operating system (e.g., Android) it runs on.

HDM Ownership 


The Bobsled Sites, Bobsled Services and Bobsled Applications, and any content HDM may provide via Bobsled are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, HDM and its licensors exclusively own all right, title and interest in and to Bobsled and any content provided by HDM, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Bobsled or HDM provided content.

All trademarks, service marks, logos, trade names and any other proprietary designations of HDM used herein are trademarks or registered trademarks of HDM. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HDM or its licensors, except for the licenses and rights expressly granted in these Terms.



User Content
You retain ownership rights to your User Content (as defined below). You may post, upload, publish, submit or transmit text, graphics, your location, images, music, software, audio, video, information or other materials to be made available through Bobsled (“User Content”). By making available any User Content through Bobsled, you hereby grant to HDM a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of Bobsled in order to provide Bobsled to you and other Bobsled users. You also grant each user of Bobsled the right to access, display, view, store and reproduce your User Content for personal use. HDM does not claim any ownership rights in any such User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content you make available through Bobsled and any User Content made available to Bobsled by means of your Account. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all such User Content you make available or otherwise made available through your Account or you have all rights, licenses, consents and releases that are necessary to grant to HDM and each user of Bobsled the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or HDM’s use of the User Content (or any portion thereof) on, through or by means of Bobsled will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

By using Bobsled, you acknowledge and agree that a copy of all User Content sent or received by you may be stored on Bobsled unless you choose to delete it. You acknowledge and agree that while HDM may not currently have set a fixed upper limit on the number or volume of transmissions you may send or receive through Bobsled or on the amount of storage space used for the provision of Bobsled, such fixed upper limits may be set by HDM at any time, at its sole discretion.

User Content does not represent or reflect any advice, views, opinions or beliefs of HDM, and HDM does not endorse or claim any responsibility for User Content.

Linking To Third Party Bobsled Sites, Third Party Applications or Third Party Content


BOBSLED MAY PRESENT YOU WITH THE OPTION TO CLICK ON ONE OR MORE LINKS THAT LINK TO A THIRD PARTY WEBSITE, A THIRD PARTY APPLICATION AND/OR PROVIDE THIRD PARTY CONTENT FROM A THIRD PARTY CONTENT PROVIDER.  NEITHER HDM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING BOBSLED (“PROVIDERS”) CONTROL THE WEBSITES, CONTENT OR APPLICATIONS OF SUCH THIRD PARTIES.  YOU AGREE AND ACKNOWLEDGE THAT NEITHER HDM NOR ITS PROVIDERS ARE RESPONSIBLE FOR, NOR BE LIABLE FOR, ANY SUCH THIRD PARTY CONTENT, THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT.  YOU ACCEPT ALL RISK IN CLICKING ANY SUCH LINKS PROVIDED THROUGH BOBSLED.

General Terms


You agree not to do any of the following while using Bobsled:

• Transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person;  or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);

• Use for an unlawful purpose.

• Attempt to probe, scan, or test the vulnerability of any HDM system or network or breach any security or authentication measures;

• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by HDM or any of HDM’s Providers or any other third party (including another user) to protect Bobsled;

• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

• In any way use Bobsled to send altered, deceptive or false source-identifying information;


• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide Bobsled;

• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Bobsled Services;

• Violate any applicable law or regulation; or

• Encourage or enable any other individual to do any of the foregoing.

HDM will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Bobsled security issues, to the fullest extent of the law. HDM may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that HDM has no obligation to monitor your access to or use of the Bobsled Services or content or to review any content you submit through the Bobsled Services, but has the right to do so for the purpose of complying with applicable law or the order or requirement of a court, administrative agency or other governmental body. HDM reserves the right, at any time and without prior notice, to remove or disable your access to the Bobsled Services, if HDM, in its sole discretion, considers you to be in violation of these Terms or otherwise harmful to the Bobsled Services or any person or property.

Termination and Account Cancellation
If you breach any of these Terms, HDM will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. HDM reserves the right to revoke your access to and use of Bobsled at any time, with or without cause. Upon any termination, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by selecting the ‘delete’ account option in your Bobsled Application.

Use At Your Own Risk
Your access to and use of Bobsled is at your own risk. THE BOBSLED SITES, BOBSLED SERVICES AND BOBSLED APPLICATIONS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HDM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Specifically, HDM: (i) will have no responsibility for any harm to any devices, including but not limited to your wireless device, or other loss of data, or other harm that results from your access to or use of the Bobsled Sites, Bobsled Services or Bobsled Applications; or (ii) makes no warranty that the Bobsled Sites, Bobsled Services or Bobsled Applications will meet your requirements or be available on an uninterrupted, secure, or error-free basis or will be available, or that data transmitted will be secure from unauthorized access. You agree to use the Bobsled Sites, Bobsled Services and Bobsled Applications only where permitted by law.

You are solely responsible for all of your communications and interactions with other persons with whom you communicate or interact as a result of your use of Bobsled. No advice or information, whether oral or written, obtained from HDM or through Bobsled, will create any warranty not expressly made herein.

Indemnity
You agree to defend, indemnify, and hold HDM, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of Bobsled, your conduct in connection with Bobsled or with other users of Bobsled, or your violation of these Terms.

Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF BOBSLED REMAINS WITH YOU. NEITHER HDM NOR ITS PROVIDERS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR USE OF OR INABILITY TO USE BOBSLED, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF BOBSLED, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HDM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER HDM NOR ITS PROVIDERS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, NEITHER HDM NOR ITS PROVIDERS WILL HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT DOWNLOADED THROUGH BOBSLED. IF YOU ARE DISSATISFIED WITH BOBSLED, OR WITH ANY OF THESE TERMS, OR FEEL HDM HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING BOBSLED.

IN NO EVENT WILL HDM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE BOBSLED EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO HDM FOR USE OF BOBSLED IN THE THREE (3) MONTH TIME PERIOD PRECIDING THE INCIDENT GIVING RISE TO THE ALLEGED CLAIM OR ONE DOLLAR (US$1.00). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HDM AND YOU.

SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS IS UNENFORCEABLE UNDER APPLICABLE LAW, HDM’S AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Controlling Law and Jurisdiction
Bobsled is controlled and offered by HDM from its facilities in the United States of America.  HDM makes no representations that the Bobsled Service is appropriate or available for use in other locations.  Those who access or use the Bobsled Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. 

You agree that the Bobsled Service shall be deemed solely based in California, and you agree to be subject to the jurisdiction of California in the event of any legal dispute.

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the courts situated in Santa Clara County, California and each of the parties hereto consents to the personal jurisdiction and venue in such courts.

Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between HDM and you regarding the Bobsled Sites, Bobsled Services and Bobsled Applications, and these Terms supersede and replace any and all prior oral or written understandings or agreements between HDM and you regarding the Bobsled Sites, Bobsled Services and Bobsled Applications.

Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without HDM’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. HDM may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by HDM via email (in each case to the address that you provide) or (ii) by posting to the Bobsled Sites. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General
The failure of HDM to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HDM. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting HDM
If you have any questions about these Terms, please contact HDM at tos(at)hdmessaging.com. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Bobsled or these Terms must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred.