This web site, our e-commerce and electronic sites, and the Content (as defined below) contained thereon (collectively referred to as the “Site” unless specifically stated otherwise) are made available to you pursuant to the following Terms of Use and any other rules or policies posted on the Site (collectively referred to as the “Terms of Use Agreement”). All such rules and policies are incorporated by reference into this Terms of Use Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by this Terms of Use Agreement. If you do not agree with any provision of this Terms of Use Agreement, you are not authorized to access or use the Site for any purpose.
MODIFICATIONS
The Site is owned and operated by Motricity, Inc. and/or its subsidiaries and affiliates (“we”, “us” or “our”). We reserve the right to modify this Terms of Use Agreement at any time without giving you prior notice. You are responsible for regularly reviewing this Terms of Use Agreement. Your use of the Site following any such modification constitutes your agreement to follow and be bound by this Terms of Use Agreement as modified. We may cancel or terminate your right to use the Site or any part of the Site at any time without notice.
INTELLECTUAL PROPERTY RIGHTS
All software, object code, source code, schematics, data (including metadata), text, sound, graphic material, audio and video material, photographs, illustrations, artwork, images, documents, papers, instructions, proprietary information and all copyrightable or otherwise legally protectible elements of the Site or available on or through the Site, including, without limitation, all trademarks, service marks and trade names (individually and/or collectively, the "Content"), are our property or the property of our subsidiaries, affiliates, or other third parties and are legally protected under all applicable local, state, national and international intellectual property and other laws, regulations and treaties.
Your use of the Site or any of the Content available through the Site constitutes your acknowledgement that the Site and the Content contain proprietary and confidential information owned by us or other third parties. You hereby agree not to alter, delete or conceal any copyright, trademark or other proprietary notices of any party from the Content or the Site or any materials thereon. You hereby agree not to reproduce, modify, copy, distribute, disseminate, transmit, display, perform, broadcast, reproduce, publish, assign, license, sublicense, create derivative works from, reverse engineer, reverse assemble, loan, transfer, circulate to any third party (including, without limitation, on or via a third party web site), attempt to discover source code, or sell in any way any Content included on the Site without the express prior written permission of us or other applicable third parties. Trademarks, service marks, and trade dress owned by us or other third parties may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us or the applicable third party. Any unauthorized or prohibited use of any Content or the Site may subject you to civil liability or criminal prosecution, or both, under applicable law.
LICENSE AGREEMENT
We hereby grant to you subject to this Terms of Use Agreement, a nonexclusive, nonsublicensable, non-transferable, limited license, during the term of this Terms of Use Agreement, to install and/or use in machine-readable form the Content which is made available for download. You may make one (1) copy of such Content only as necessary for backup or archive purposes in support of your use of such Content, provided that you reproduce all copyright and other proprietary notices that are on the original copies of the Content. Notwithstanding any of the foregoing, you hereby acknowledge that we and/or other third parties, as applicable, shall retain all other right, title and interest in and to the Content. All rights not expressly granted herein are reserved.
ACCOUNT INFORMATION AND BILLING
You are required to have an account with a unique user name and password combination to purchase Content on the Site.
You must provide current, complete, and accurate information to us in connection with your account in order to receive Content from the Site. It is your responsibility to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or if you fail to update the information you give us. Your purchase of Content through the Site constitutes your acknowledgement that you are of legal age to form a binding contract, and if not of legal age, that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Content available on the Site by any local, state, national or international law. If we have grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate any further purchases by you through the Site and to refuse any and all current or future use of the Site or any portion of the Site by you, for any reason at any time.
You are solely responsible for maintaining the confidentiality of your account information and for restricting access to your computer and handheld devices, and you agree to accept responsibility for all activities that occur under your account or password, including, but not limited to, any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. We reserve the right to take any and all action, as we deem necessary or advisable, to ensure the security of the Site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password, and in no event and under no circumstances shall we be held liable for any liabilities or damages resulting from or arising out of (i) any action or inaction by us with respect to these matters, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. Any unauthorized use of the Site will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
You hereby agree to immediately notify us if you become aware of or believe there is, or may have been, any unauthorized use of your user name or password or any other need to deactivate or change your user name or password due to security concerns.
PURCHASES/PAYMENTS
The price of any Content purchased through the Site will be the price specified at the time of your purchase. Prices for all Content exclude applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges. We reserve the right to collect applicable taxes and impose applicable telecommunication charges on all Content purchased from the Site. Notwithstanding the foregoing, the prices for all Content on the Site include VAT, if applicable.
Payment may be made via Visa, Mastercard, American Express and Discover cards (collectively referred to as the “Cards”). Upon presentation of a Card, you warrant that you are the cardholder or have the permission of the cardholder to use the Card and that the billing information provided is accurate. By purchasing Content by use of a Card, you authorize us to charge the Card for the purchase price of the Content being purchased, plus any taxes or telecommunication charges, if applicable.
REPLACEMENT POLICY
We assume no liability for purchaser error, beta or trial versions, shareware, Content purchased for the wrong handheld device or platform, promotion codes or discounts not provided at the time of purchase or any other errors related to your actions or choices ("Purchaser Errors"). You accept full responsibility for confirming that the handheld device manufacturer, handheld device model, and operator are supported and that the handheld device is compatible for the Content purchased, downloaded or otherwise obtained by you through the Site.
If you experience a malfunction in downloading the Content, or do not receive Content that you purchased, please contact customer service at SEsupport@motricity.com and we will use our commercially reasonable efforts to assist you with receiving the Content. If any Content that you purchase is defective or does not operate correctly for any reason other than Purchaser Error, please contact customer service at SEsupport@motricity.com and we will provide a replacement copy of the purchased Content. If the replacement copy of the Content is also defective, we will permit you to select another item of Content whose price is equal to or less than the price of the defective Content. We will not provide refunds or credits for any Content. In no event shall we be liable for any replacements, defects or other problems associated with downloads or purchases of Content through the Site after a period of thirty (30) calendar days has expired from the date of such download or purchase, as applicable.
SUPPORT
Subject to the other provisions of this Terms of Use Agreement, we will use our commercially reasonable efforts to help you with any questions that you may have regarding the Site or the purchase of Content. To reach our customer support team, please e-mail us at support@motricity.com.
UNLAWFUL OR PROHIBITED USE
You agree to use the Site and the Content only for lawful purposes and not to allow others to use your account, the Site, or the Content for any unlawful purpose. Use of the Site or Content in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited.
Some Content, material, links and other information on the Site may not be appropriate or available for use in all jurisdictions, especially certain jurisdictions outside of the United Kingdom. Accessing any such Content, materials, links and other information from certain jurisdictions may be illegal and prohibited. Accessing any of the foregoing from any jurisdiction outside the United Kingdom is done at your own initiative and we are not responsible for your compliance with any laws imposed by such jurisdiction. You hereby agree that you shall not access any of the foregoing where prohibited by any applicable law.
SITE SECURITY
You shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or any Content or interfere with any other party's use and enjoyment of the Site or any Content. You may not attempt to gain unauthorized access to any accounts not registered to you, or computer systems or networks owned and operated by us through hacking, password mining or any other means. Violations of our system or network security may result in civil or criminal liability.
REVIEWS, COMMENTS AND OTHER POSTINGS
You may post reviews, comments, and other content, send other communications, and submit suggestions, ideas, comments, questions, or other information (collectively referred to as “Postings”), so long as the Postings are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead readers as to the origin of any Posting.
Postings do not reflect our or our affiliates’ views, and we do not monitor, endorse, edit or screen any Posting. In no event shall we or our affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Terms of Use Agreement, we reserve the right (but not the obligation), at any time and without limiting any and all other rights we may have under this Terms of Use Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove, delete and/or edit Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Terms of Use Agreement, including, without limitation, blocking specific IP addresses or deactivating your account.
If a Posting originates from you or your account, and unless we indicate otherwise, you grant us and our affiliates and sublicensees a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Posting throughout the world in any media. You grant us and our affiliates and sublicensees the right to use the name submitted in connection with such Posting. You represent and warrant that you own or otherwise control all of the rights to the content of the Posting, that the Posting is accurate, that use of the Posting does not violate this Terms of Use Agreement and will not cause injury to any person or entity, that the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any applicable law, that the Posting is not obscene, that we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting, that we have the right to delete, re-format and/or change the Posting in any manner that we may determine and that you will indemnify us and our affiliates and sublicensees for all claims resulting from any Posting originating from you or your account.
THIRD PARTY SITES
Any links to third-party web sites found within the Site are provided solely as an added convenience to you. The third party content and linked sites are not under our control, and we have neither reviewed the contents of these third-party web sites, nor do we claim any responsibility for the maintenance, content or suitability of these third-party web sites. Your linking to any third party site is at your own risk, and you are responsible for viewing and abiding by the privacy statements and terms of use posted at any third party site.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, SHALL WE OR ANY OF OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, DEVELOPERS, LICENSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSSES, DAMAGES OR INJURY, OF ANY NATURE, DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH LOSSES, DAMAGES OR INJURY. IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES OR DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR PURCHASE OF ANY CONTENT OR YOUR USE OF THE SITE.
WE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER USERS, THIRD PARTIES, OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY VIRUSES OR OTHER CONTAMINATION OF YOUR COMPUTER, HANDHELD DEVICE OR OTHER COMMUNICATIONS DEVICE USED TO ACCESS THE SITE. NEITHER WE NOR OUR DEVELOPERS NOR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE, OR WITH RESPECT TO THE CONTENT OR OTHER MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY MATERIAL POSTED BY US OR ANY THIRD PARTY ON THE SITE.
NEITHER WE NOR ANY OF OUR AFFILIATES SHALL HAVE ANY LIABILITY TO YOU FOR USAGE CHARGES RELATED TO ANY DEVICE THAT YOU USE TO ACCESS THE SITE OR TO DOWNLOAD CONTENT.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE CONTENT AND THE SITE IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES, DAMAGES OR INJURY INCURRED BY YOU OR ANY OTHER PERSON THAT MAY RESULT FROM YOUR USE OF THE CONTENT OR THE SITE.
WARRANTIES
YOU AGREE THAT ALL INFORMATION, CONTENT, SERVICES AND RELATED MATERIALS CONTAINED WITHIN THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE AND OUR DEVELOPERS AND LICENSORS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION, CONTENT, SERVICES AND RELATED MATERIALS ON THE SITE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE AND OUR DEVELOPERS AND LICENSORS MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE, THE FUNCTIONS CONTAINED IN THE SITE OR THE CONTENT OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. IN NO EVENT WILL WE OR OUR DEVELOPERS OR LICENSORS BE LIABLE FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT OR OTHER INFORMATION ON THE SITE, OR FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR DEVELOPERS AND LICENSORS MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES. WE AND OUR DEVELOPERS AND LICENSORS DO NOT WARRANT THAT THE SITE, CONTENT OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING THE CONTENT, SERVICES OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY REFERENCE TO ANY PERSON, ENTITY, PRODUCT, MATERIAL OR SERVICE ON THE SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY US OR ANY OF OUR EMPLOYEES OR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY WEB PAGE ACCESSED FROM THE SITE, NOR DO WE WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN ANY THIRD PARTY SITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
NO COMMUNICATION OF ANY KIND BETWEEN YOU AND US OR ANY OF OUR EMPLOYEES, REPRESENTATIVES OR AGENTS SHALL CONSTITUTE A WAIVER OF ANY LIMITATION OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE AGREEMENT.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNITY
You agree to release, indemnify, defend and hold harmless us and our subsidiaries, affiliates, employees, officers, directors, stockholders, agents, developers, licensors, successors and assigns from all liabilities, claims, demands, lawsuits, judgments, damages, costs and expenses, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of or in connection with (a) your connection to and use of the Site or the Content, (b) any material you submit, post, transmit or make available from the Site, (c) any disputes between you and your operator, (d) your violation of this Terms of Use Agreement, (e) your violation of any rights of a third party, including intellectual property rights and/or (f) someone else using your account or password (including any unlawful or prohibited use of the Site). Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
EXPORT CONTROL
You hereby acknowledge that the Content may be subject to export or import regulations in the United Kingdom and in other countries. You are responsible for complying with all trade regulations and laws. You hereby agree that you will not export, directly or indirectly, the Content acquired or to be provided under this Terms of Use Agreement, or the direct product of any such Content, without first obtaining all required export and/or import licenses and government approvals.
TRADEMARK NOTICE
MOTRICITY, the Motricity logo and certain other trademarks located on the Site are our trademarks or registered trademarks. All other names of companies and products mentioned may be trademarks of their respective owners and are used with permission. Any such trademarks may be used publicly only with our or the applicable owner’s permission. Fair use of any such trademarks requires proper acknowledgment. All rights not expressly granted herein are reserved.
COPYRIGHT NOTICE
All Content and other materials published on the Site are protected by copyright, and owned or controlled by or licensed to us, or the party listed as the developer of the Content or other materials. You may download any downloadable materials displayed on the Site for the specified uses only, provided that you maintain all copyright, trademark, and other notices contained in such material, and you agree to abide by all additional copyright notices, information, or restrictions contained in any material accessed through the Site. Except as expressly provided in this Terms of Use Agreement or in a separate license agreement, neither we nor our affiliates, developers, licensors, successors or assigns grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information. All content on the Site is Copyright ©2006 Motricity, Inc. unless specified otherwise. ALL RIGHTS RESERVED.
TERMINATION
We may terminate your (a) access to the Site and/or the Content, and/or (b) your password and/or account or any portions thereof, at any time and for any reason, with or without cause, with or without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
GOVERNING LAW; DISPUTES
This Terms of Use Agreement is governed in all respects by the laws of the State of North Carolina, United States, without reference to its conflict of laws principles. Any dispute relating in any way to the Site, the Content or this Terms of Use Agreement shall be submitted to confidential binding arbitration in Durham, North Carolina, United States. Arbitration under this agreement shall be conducted by a single arbitrator under the then prevailing Commercial Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement or any similar agreement, whether through class arbitration proceedings or otherwise.
Notwithstanding the foregoing, in the event that you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of any third party, we or such third party may seek injunctive or other relief against you in any court having appropriate jurisdiction and you agree and acknowledge that the district and superior court of North Carolina, located in Durham County, North Carolina, United States and the United States District Court for the Middle District of North Carolina, located in Greensboro, North Carolina, United States shall have jurisdiction over you in any such matter and shall be a proper venue for such matter.
In the event that applicable law renders the foregoing arbitration provision unenforceable, you agree and acknowledge that any action brought in connection with the Site, the Content or this Terms of Use Agreement shall be adjudicated solely in the district or superior court of North Carolina, located in Durham County, North Carolina, United States or in the United States District Court for the Middle District of North Carolina, located in Greensboro, North Carolina, United States. You hereby consent to the exclusive venue and jurisdiction of such courts, waive any right that you may have to contest the jurisdiction or venue of such courts on the basis of lack of personal jurisdiction, inconvenient forum or any other basis, and waive any right that you may have to commence or transfer an action in any other court in any other jurisdiction. You consent to the extra-territorial service of process in connection with any action in any of the aforementioned courts.
REMEDY PERIOD
Any claim or cause of action arising out of or related to the use of the Site, the Content or this Terms of Use Agreement must be submitted to arbitration in accordance with this Terms of Use Agreement (or, if applicable law renders arbitration unenforceable, filed with the appropriate court in accordance with this Terms of Use Agreement) within one (1) year after such claim or cause of action arose regardless of any statute or law to the contrary. You hereby expressly waive your right to commence any arbitration or litigation after such one (1) year period. In the event any such claim or cause of action is not submitted to arbitration or filed with the appropriate court, as applicable, within such one (1) year period, such claim or cause of action shall be forever barred.
MISCELLANEOUS
Waiver/Course of Conduct. Our failure to insist upon or enforce strict performance of any provision of this Terms of Use Agreement shall not be construed as a waiver of any provision or right hereunder. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of this Terms of Use Agreement.
Assignment. We may assign our rights and duties under this Terms of Use Agreement to any party at any time without your permission and without notice to you.
E-mail Communications. Communications made to us by e-mail shall not constitute legal notice to us or any of our subsidiaries, affiliates, directors, officers, employees, stockholders, agents, representatives, developers, licensors or assigns with respect to any existing, future or potential claim or cause of action against us or any of our subsidiaries, affiliates, directors, officers, stockholders, employees, agents, representatives, developers, licensors, successors or assigns, where such notice is required by contract, or any local, state, national or international laws, rules or regulations.
Severability. If any provision of this Terms of Use Agreement is held to be invalid, void or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of this Terms of Use Agreement.
Entire Agreement. This Terms of Use Agreement sets forth the entire understanding and agreement of the parties as to the subject matter contained herein and supersedes all prior proposals, discussions or agreements with respect thereto. Except as otherwise expressly provided in this Terms of Use Agreement, there shall be no third party beneficiaries to this Terms of Use Agreement.
NOTICES OF INFRINGEMENT AND INTELLECTUAL PROPERTY
If you know or suspect that any Content or other materials or portions of the Site constitute copyright infringement or other violations of local, state, national or international intellectual property laws, please notify us at Motricity, Inc., Attention: General Counsel, 2800 Meridian Parkway, Suite 150, Durham, NC 27713.
THIS AGREEMENT IS EFFECTIVE AS OF APRIL 7, 2006.
Our Privacy Policy is incorporated by reference into these Terms of Use.