Terms of Use – Last Modified as of July 1, 2007
The Styky service and network are operated by Fone2Fone Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using Styky through our downloadable mobile application or our web site at www.styky.com (together “Styky” or the “Service"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of the Service. If you do not agree to these Terms of Use you are not authorized to use the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to review such changes.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Membership in the Service is void where prohibited. This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration by, use of or access to the Service by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service, you represent and warrant that you are 13 or older and that you agree to all of the terms and conditions of this Agreement. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Service and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13 or if you have violated the Terms of Use in any way.
In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
All content on the Service , including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of the Company, its Users or its licensors with all rights reserved. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post to the Service. Provided that you are eligible for use of the Service, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Service Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not republish Service Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Service Content is strictly prohibited. Such license is subject to these Service Terms and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Service Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause. Company reserves any rights in the Service and Service Content not expressly granted pursuant to these Terms of Use.
STYKY, FONE2FONE and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered service marks, trademarks, trademarks or trade dress (collectively, “Marks”) of Company in the U.S. and/or other countries. Company's Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
You understand that the Service is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect phone numbers, email addresses or other contact information of Users from the Service by electronic or other means for the purposes of sending unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service for any other purpose. You further agree that you may not use the Service in any unlawful manner, in any other manner that could damage, disable, overburden or impair the Service or in any manner that could not reasonably have been contemplated by Company. In addition, you agree not to use the Service to:
You are solely responsible
for the photos, profiles, messages, notes, text, information, music,
video, advertisements and other content that you upload, publish or
display (hereinafter, "post") on or through the Service, or
transmit to or share with other Users (collectively the "User Content").
You understand and agree that the Company may, but is not obligated
to, review and delete, remove or refuse to publish (in each case, without
notice) any User Content in its sole discretion, including without limitation
User Content that in the sole judgment of the Company violate this Agreement
or which might be offensive, illegal, or that might violate the rights,
harm, or threaten the safety of Users or others.
By posting User Content to any part of the Service, you: (a) represent
and warrant that you own or have the necessary licenses, rights, consents,
and permissions to your User Content, including the right to authorize
Company to use the User Content in the manner contemplated by the Service
and these Terms of Use; and (b) automatically grant, and you represent
and warrant that you have the right to grant, to the Company an irrevocable,
perpetual, non-exclusive, transferable, fully paid, worldwide license
(with the right to sublicense) to use, copy, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part) and distribute
such User Content for any purpose in any media (whether now or hereafter
existing) on or in connection with the Service or the promotion thereof,
to prepare derivative works of, or incorporate into other works, such
User Content, and to grant and authorize sublicenses of the foregoing.
Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content.
The Service includes certain services that are available via your mobile device, including (i) the ability to upload content to Styky via your mobile device, (ii) the ability to receive and reply to Styky messages, (iii) the ability to send content to yourself and others using SMS messaging, and (iv) the ability to receive, share, and use mobile alerts, ads, coupons, and promotions from your mobile device, (v) and the ability to browse Styky content from yourself and other users from your mobile device (collectively the "Mobile Services"). Please note, some supporting carriers do not support all aspects of the Mobile Services. To download the Mobile Services, text “STYKY” to 478959 (i.e., “4STYKY” on your phone keyboard).
We do not charge for these Mobile Services. However, your carrier's standard messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services, you agree that we may communicate with you regarding Styky and its partners by SMS messaging or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us and shared with our partners.
For help with the Mobile Services text “HELP” to 478959, or email your question to support@styky.com.
You can unsubscribe from the Mobile Services at any time by texting “STOP” to 478959.
Mobile Services are available through these carriers: AT&T Mobility, Sprint, Virgin Mobile, Cellular One, T-Mobile, Verizon Wireless, Alltel, Midweset Wireless, Boost and Nextel.
If you believe that any material
on the Service infringes upon any copyright which you own or control,
you may send a written notification of such infringement pursuant to
the Digital Millennium Copyright Act (the “DMCA”) to Company as
set forth below:
Full Address of to Which Notification Should be Sent: Fone2Fone Inc.,
Attn: Trademarks and Copyrights, 3624 Market St, Suite 313S, Philadelphia
PA 19104
Telephone Number of Designated Agent: (646) 512-1474
Facsimile Number of Designated Agent: (866) 581-5203
E-Mail Address of Designated Agent: styky@styky.com
To meet the notice requirements under the DMCA, the notification must
be a written communication that includes the following:
A. A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
B. Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that
site;
C. Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient
to permit us to locate the material;
D. Information reasonably sufficient to permit us to contact the complaining
party, such as an address, telephone number and, if available, an electronic
mail address at which the complaining party may be contacted;
E. A statement that the complaining party has a good-faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, its agent or the law; and
F. A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service contains (or you may be sent through the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Service or any Third Party Content posted on the Service, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service.
You are solely responsible for your interactions with other Styky Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
We care about the privacy of our Users. Click here to view the Service’s Privacy Policy, the terms of which are incorporated herein by reference. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
The Company is not responsible
or liable in any manner for any User Content or Third Party Content
posted on the Service or in connection with the Service, whether posted
or caused by Users of the Service or by any of the equipment or programming
associated with or utilized in the Service. Although we provide rules
for User conduct and postings, we do not control and are not responsible
for what Users post on the Service and are not responsible for any offensive,
inappropriate, obscene, unlawful or otherwise objectionable content
you may encounter on the Service or in connection with any User Content
or Third Party Content. The Company is not responsible for the conduct,
whether online or offline, of any User of the Service.
The Service may be temporarily unavailable from time to time for maintenance
or other reasons. Company assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access
to, or alteration of, User communications. The Company is not responsible
for any problems or technical malfunction of any telephone network or
lines, computer online systems, servers or providers, computer equipment,
software, failure of email or players on account of technical problems
or traffic congestion on the Internet or the Service or combination
thereof, including injury or damage to Users or to any other person's
computer or mobile device related to or resulting from participating
or downloading materials in connection with the Web and/or in connection
with the Service. Under no circumstances will the Company be responsible
for any loss or damage, including any loss or damage to any User Content
or personal injury or death, resulting from anyone's use of the Service,
any User Content or Third Party Content posted on or through the Service
or transmitted to Users, or any interactions between Users of the Service,
whether online or offline.
THE SERVICE AND THE SERVICE CONTENT ARE PROVIDED "AS-IS" AND
THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS
FROM USE OF THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT
CONTENT OR MATERIALS ON THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT OR ERROR-FREE OR THAT THE SERVICE OR ITS SERVERS ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE
CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS
AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Company reserves the right to change any and all content contained in
the Service and any Services offered through the Service at any time
without notice. Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer, supplier or otherwise
does not constitute or imply endorsement, sponsorship or recommendation
thereof, or any affiliation therewith, by Company.
EXCEPT IN JURISDICTIONS WHERE
SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL COMPANY OR ITS DIRECTORS,
EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE
OR ANY OF THE SERVICE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH
THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER,
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING
THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY
TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY
FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS
OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF
ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting or using the Service, you agree that the laws of the State of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Philadelphia, Pennsylvania, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts.
You agree that the Service shall be deemed a passive service based solely based in Pennsylvania and shall not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than Pennsylvania. The Service is controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Service, your use of the Service, your conduct in connection with the Service or with other Users of the Service, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Service, superseding any prior agreements between you and Company relating to your use of the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Service Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
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