Welcome to AOL Mobile!
BY USING AOL MOBILE, YOU ARE SIGNIFYING ELECTRONICALLY THAT YOU AGREE TO ABIDE BY THE FOLLOWING TERMS ("AGREEMENT"). You also consent to the privacy practices described in Section 29 below.
NOTE: AOL Mobile is provided “AS IS” by AOL Inc (“we” or “us”). We do not charge you to use most features of AOL Mobile; however, keep in mind that standard wireless phone rates may apply when you use AOL Mobile, including charges for text messaging and data (Please see Section 8 below).
- About these terms. These terms apply to any software, products, services and updates that you use in connection with AOL Mobile (“Agreement” or “contract”). Certain features, premium products, and registration-based services of AOL Mobile may be subject to additional terms, which will supplement (but not replace) the terms of this Agreement.
- Changes to this agreement. We may change the terms to this Agreement at any time. You agree that you assume the responsibility to review these terms periodically for changes. The Agreement will be posted at http://mobile.aol.com/tos for your review. If you continue to use AOL Mobile after we post changes to this Agreement, you signify your agreement to the new terms. If you disagree, do not use the service.
- About the service. AOL Mobile is for general audiences only. We may discontinue or change any service or feature on AOL Mobile at any time and without notice. AOL Mobile is supported by advertising revenue; therefore, in consideration for your use of AOL Mobile, you consent to our placements of such advertising.
- Registration. You may be required to register with us and obtain a User ID or screen name authorized by us (“Screen Name”) to use certain features of AOL Mobile. By registering, you represent that you are giving us true, complete and current information about yourself, that you will keep this information up-to-date, and that you are legally capable to enter into contracts. Registration for text messaging services will be subject to supplemental terms and instructions on how you can discontinue such text messaging services.
- Log-in features. We may offer you functionality in which you may store your log-in credentials on you mobile device so that you can be automatically logged in each time you access AOL Mobile. To no longer have automatic log in, simply use the log-off feature on AOL Mobile. If you elect to use this automatic log-in feature, you are using it solely at your own risk. Please note that if someone else obtains access to your mobile device (e.g., through theft), the automatic log-in feature will enable such person to have access to your AOL Mobile account. Therefore, in the event your mobile device is lost or stolen, it is your responsibility to contact your wireless carrier immediately to prevent the unauthorized use of your mobile device. Also, please go to http://mobile.aol.com/help for additional information on what steps you can take to prevent the unauthorized access to your AOL Mobile account.
- We transact with our user electronically. You consent to enter into this Agreement electronically. You consent to receive required notices, terms and other information concerning AOL Mobile electronically, either by (a) e-mail (if you register with us), (b) by text messaging services (if you register for text messaging services with us) or (c) by posting such notice on the relevant web page or mobile page of the applicable service. You can withdraw consent by discontinuing your use of AOL Mobile. In the event you subscribe to any text messaging services from us, we will provide you with instructions on how you can opt out of receiving such text messages from us.
- Access. You must provide at your own expense the equipment and wireless connections that you will need to use AOL Mobile. We do not guarantee that AOL Mobile can be accessed through all wireless devices or wireless service plans. We do not guarantee that AOL Mobile is available in all geographic locations. You acknowledge that when you use AOL Mobile, your wireless carrier may charge you standard fees for data, messaging and other wireless access. Check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS AOL MOBILE THROUGH YOUR MOBILE DEVICE.
- Your responsibilities. You are responsible for:
You must notify your wireless carrier immediately if your mobile phone is lost or stolen. We cannot be responsible for what happens if your account information (such as stored Screen Names and passwords) becomes known to someone else.
- all activities that occur under your account;
- maintaining the confidentiality of any Screen Name, passwords or log-in credentials;
- taking reasonable steps to prevent unauthorized access to confidential information stored in your mobile phone or other wireless device; and
- complying with this agreement and with any and all applicable laws.
- In using AOL Mobile, you may not:
You may not induce or allow others to use AOL Mobile to violate the terms of this section. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.
- violate the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
- engage in conduct that is unlawful, threatening, abusive, harassing; defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or tortious;
- submit or transfer material that contains explicit or graphic descriptions, or accounts of, sexual acts;
- victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonate any person, business or entity, including AOL and its employees and agents;
- transmit or cause to transmit material that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
- initiate any conduct that would damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of AOL Mobile;
- attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means; or
- violate these terms (and any supplemental terms, policies or guidelines).
- No Spam. You may not use any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages), or harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may use any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
- Ownership rights. We, our suppliers, and our users who provide software for AOL Mobile (“Software”) and who lawfully post text, messages, information, images, audio video and web pages on AOL Mobile ("Content") own the property rights to that Software and Content. The Software and Content are protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights.
- License. Subject to your compliance with these terms, we give you a personal, limited, non-exclusive and non-transferable license to use AOL Mobile, the Software and Content for personal, non-commercial use. You may use Content and Software offered for downloading, such as photos, music and other applications for personal use only and subject to the rules that accompany that particular Content or Software.
- Restrictions on Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
- Restrictions on Software. You may not sell or redistribute any Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the Software. You agree to abide by all laws and regulations in effect regarding your use of the Software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the Software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth herein.
- Export laws. You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority (“Export Laws”), and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with such Export Laws and for obtaining all necessary authorizations and clearances.
- Content that you submit. You may only transmit or post Content on AOL Mobile that you created or that you have permission to use. You may not post Content that violates these terms. We do not claim ownership of any Content that you may submit or post; however, if you post Content to areas of the service that are open to the general public, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium. Also, you give us a permanent right to use in our sole discretion any suggestions or feedback that you may provide us about AOL Mobile without any compensation to you.
- We have not duty to monitor Content. We are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
- Procedures for making Copyright infringement claims. We respect the intellectual property of others. If you believe that your work has been copied and is accessible on AOL Mobile in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement.
- Third party sites and advertisers. We are not responsible or liable for any Content or other materials on third party sites that are linked from the AOL Mobile service. Any dealings that you have with advertisers found on AOL Mobile are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
- Fees. Any AOL Mobile product offered for a fee ("Premium Service") will be subject to supplemental payment terms. If you subscribe to or purchase a Premium Service, you must give us accurate billing and payment information and keep this information up-to-date. We will bill you through the payment method that is associated with your account. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize us to charge your designated payment method for these charges and to retain information about the payment method associated with your account. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us.
Every time you use a Premium Service, you reaffirm that
- we are authorized to charge your designated payment method;
- we may submit charges incurred under your Account for payment; and
- you will be responsible for such charges, even if your Premium Service is canceled or terminated. Any trial promotion for a Premium Service (such as free trial time for a paid subscription) must be used within the specified time of the trial. You must cancel your Premium Service account before the end of the trial period to avoid being charged a subscription fee.
- Disclaimer of warranties. We provide AOL Mobile "as is", "with all faults" and "as available." We and our suppliers make no express warranties or guarantees about AOL Mobile. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT AOL MOBILE, SOFTWARE AND CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT AOL MOBILE WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS AOL MOBILE AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN AOL REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.
- Limitation of liability. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR AOL MOBILE IS TO DISCONTINUE YOUR USE OF AOL MOBILE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR PARENT AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF AOL MOBILE EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE; OTHERWISE, YOU ARE ENTITLED TO NO OTHER DAMAGES.
WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON AOL MOBILE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- Indemnification. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of AOL Mobile. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- International use. We make no claim that AOL Mobile is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. You must comply with local laws if you choose to access AOL Mobile from a location outside the U.S.
- Resolving claims in Virginia. The laws of the Commonwealth of Virginia govern this Agreement and any claim or dispute that you may have against us, without regard to Virginia’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute or claim that you may have against us must be resolved by a court located in the Commonwealth of Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS, YOU ARE:
- WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN;
- IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND
- SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
- Entire agreement. This contract and any supplemental terms, policies, rules and guidelines posted on AOL Mobile constitute the entire agreement between you and us and supersede all previous written or oral agreements. If a court holds that we cannot enforce a term as written in this Agreement, you agree that the portion in question will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. The rest of the agreement will remain in force and effect. We may assign this agreement at any time without notice to you. You may not assign this agreement.
Our supplemental information practices for AOL Mobile are as follows:
- Device information. When you access AOL Mobile on your wireless device, we may obtain information from your wireless carrier about the type of device you are using. We may use this information to notify you on what type of features and products from AOL Mobile may be available to you on your device.
- Mobile phone number. Certain features of AOL Mobile may require our collection of the phone number of your device. We may associate that phone number to the mobile device identification information; however we will not use that number for telemarketing.
- Location. Some mobile phone service providers in the US are required to operate a system that will pinpoint the physical location of devices that use their service. Depending on the provider, we may automatically receive this information. In the future, if we begin to offer services that use pinpointing technology, we will ensure that we have your consent (an opt-in) before using the information. We may use and store this information to provide enhanced location-based services as well as to serve location-targeted advertising.
Last updated: 2-22-2007