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Terms

TERMS AND CONDITIONS OF THE SERVICE

Please read these terms and conditions of service carefully before you launch mobile products, services or applications provided by VIA Digital Media, LLC. Your use of the VIA Digital Media, LLC application indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the VIA Digital Media, LLC application.

INTRODUCTION

These terms and conditions of service represent the agreement (“Agreement”) between you and VIA Digital Media, LLC, Inc. (“VIA Digital Media, LLC”) with respect to the VIA Digital Media, LLC application service (the “VIA Digital Media, LLC Service” or “Service”). All references herein to “you” and “your” means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement.

VIA Digital Media, LLC may revise these terms and conditions at any time, with or without notice to you. You should visit http://www.VIADigitalMedia.com from time to time to review the then current terms and conditions for the VIA Digital Media, LLC Service.

THE VIA Digital Media, LLC SERVICE

VIA Digital Media, LLC provides mobile marketing solutions for well-known brands and enterprises. The VIA Digital Media, LLC Service enables a brand or enterprise to interact with you by delivering content, information, promotional offerings, coupons, etc. to your mobile device. The service utilizes multiple mobile data communication modes, including text messaging, mobile web, and downloadable applications. There is no monthly fee associated with the use of this service, however, text messaging and data charges billed by your carrier may apply. A complete description of the VIA Digital Media, LLC Service is available at the Products link on VIA Digital’s website, located at www.VIADigitalMedia.com.

The VIA Digital Media, LLC Service may use data licensed to or provided to VIA Digital Media, LLC by VIA Digital’s brand or enterprise customers or other third parties. This data is used for the benefit of you and to improve the overall usage experience. Any additional terms and conditions required by VIA Digital’s brand or enterprise customers or other third parties will be referred to in the set-up process presented on the mobile phone upon activation this Service.

Via Alerts, Vote and Text to Screen Program for code 25399

Text EXTRA to receive sports alerts and updates. 30 messages/month

Text VOTE followed by your pick to vote on tonight’s game MVP.  1 message/vote

Text TV followed by your comment to see your message appear on TV during the games and broadcast.   1 message/request.

Text HELP for help.  Text STOP to cancel.  Message and data rates may apply.

For more information: 888-308-7110

For more Terms, Conditions and Privacy Policies: www.viadigitalmedia.com/terms/

A list of carriers that are currently supported include but are not limited to: AT&T, Sprint, Boost, Nextel, Verizon Wireless, U.S. Cellular, Cellular One, C Spire Wireless, Virgin Mobile and T-Mobile.

OPT-OUT

You can cancel your receipt of mobile alerts at anytime by texting the word STOP to the 25399 shortcode.

For assistance, text HELP to the 25399 short code for information.

YOUR LOCATION AND OTHER PERSONAL INFORMATION

Additionally, the VIA Digital Media, LLC Service may collect Personally Identifiable Information (“PII”). PII is information that can be directly associated with a specific person or entity, and may include your name, mobile phone number, and email address. The VIA Digital Media, LLC Service may also collect information about your wireless device type, the name of your wireless carrier, the types of interactions and transactions you invoke in response to the VIA Digital Media, LLC Service, and your preferences. This is Non-Personally Identifiable Information (“Non-PII”) and this is used to improve the Service to deliver more relevant content and marketing messages, as well as to measure the effectiveness of information, content, and promotional offers. PII and Non-PII information is subject to VIA Digital’s privacy policy located at www.VIADigitalMedia.com. Your use of the VIA Digital Media, LLC Service indicates that you accept the terms of VIA Digital’s privacy policy.

SAFE AND LAWFUL USE OF THE VIA Digital Media, LLC SERVICE

You agree to comply with the following when using the VIA Digital Media, LLC Service:

  • Do not use the VIA Digital Media, LLC Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
  • Do not use the VIA Digital Media, LLC Service while operating a motor vehicle.

TELEPHONE CHARGES

You are responsible for any fees assessed by your wireless telephone carrier to access the VIA Digital Media, LLC Service, including any data plan charges, text messaging charges, tolls, out-of-area roaming, or other telephone connection charges.

TERMINATION

VIA Digital Media, LLC reserves the right to terminate your access to the VIA Digital Media, LLC Service at any time for any or no reason and without notice to you.

You may terminate the VIA Digital Media, LLC Service at any time by notifying VIA Digital Media, LLC via (i) an email addressed to support@VIADigitalMedia.com, (ii) a letter addressed to VIA Digital Media, LLC, 4026 Wards Rd. Unit G1, Suite 113, Lynchburg, Virginia, 24502, or (iii) a phone call to VIA Digital Media, LLC Customer Support at  888.308.7110.

Any such cancellation by you shall become effective when processed by VIA Digital Media, LLC.

Upon any termination of your VIA Digital Media, LLC Service, VIA Digital Media, LLC shall have no liability to you or any further obligations under this Agreement.

DISCLAIMERS

To the fullest extent permissible pursuant to applicable law, in no event will VIA Digital Media, LLC, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the VIA Digital Media, LLC Service or the VIA Digital Media, LLC Software. You are responsible for the entire risk arising out of your use of the VIA Digital Media, LLC Service and the VIA Digital Media, LLC Software.

The VIA Digital Media, LLC Service and the VIA Digital Media, LLC Software are provided “as is” and without warranties of any kind either express or implied. VIA Digital Media, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and fitness for a particular purpose.

Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.

LIMITATION OF LIABILITY

To the extent permitted under applicable law, under no circumstances shall VIA Digital Media, LLC or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the VIA Digital Media, LLC Service or the VIA Digital Media, LLC Software, any defects in the VIA Digital Media, LLC Service or the VIA Digital Media, LLC Software, or any breach of this Agreement, even if VIA Digital Media, LLC or its licensors have been advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold VIA Digital Media, LLC and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with your use of the VIA Digital Media, LLC Service.

ARBITRATION AND GOVERNING LAWYou agree that any dispute, claim or controversy arising out of or relating to this Agreement, the VIA Digital Media, LLC Service, or the VIA Digital Media, LLC Software, shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.

This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of Delaware, this is good without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of its courts.

MISCELLANEOUS

This Agreement constitutes the entire agreement between VIA Digital Media, LLC and you with respect to the subject matter hereof.

VIA Digital’s or your failure to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.

You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to VIA Digital Media, LLC. Notwithstanding the foregoing, VIA Digital Media, LLC may assign this Agreement to any affiliate or successor company at any time without notice.

By using the VIA Digital Media, LLC Service, you consent to receive from VIA Digital Media, LLC all communications, including notices, agreements, legally required disclosures or other information in connection with the VIA Digital Media, LLC Service (collectively, “Notices”) electronically. VIA Digital Media, LLC may provide such Notices by posting them on VIA Digital’s website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the VIA Digital Media, LLC Service.

If you have any questions regarding the terms of this Agreement, please contact VIA Digital Media, LLC via (i) an email addressed to support@VIADigitalMedia.com, (ii) a letter addressed to VIA Digital Media, LLC, 4026 Wards Rd. Unit G1, Suite 113, Lynchburg, Virginia, 24502, or (iii) a phone call to VIA Digital Media, LLC Customer Support at 888.308.7110.

 

 

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