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TERMS AND CONDITIONS OF USE - PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THIS SERVICE OR ANY APPLICATION(S) AVAILABLE FROM IT. This Service is owned and operated by MADMOBILE, Inc. (referred to as "MADMOBILE") and is offered for your use by AT&T Mobility. "You" are the person or entity using the Service, using the related applications, or otherwise as identified in any MADMOBILE Service user-information form.

The Terms constitute a valid and binding legal agreement between You and MADMOBILE. By using the MADMOBILE Service, or using any applications or functionality integrated within the MADMOBILE Service, or clicking on a button indicating your consent, You agree to these Terms including but not limited to disclaimers of warranties, indemnification provisions and use of User Provided Content provisions. If you do not agree to these Terms, you do not have permission to use the MADMOBILE Service.

You understand and agree that the Service is provided "AS-IS" and that neither MADMOBILE nor AT&T Mobility assume any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

MADMOBILE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that neither MADMOBILE nor AT&T Mobility shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The MADMOBILE Service Use and Restrictions:

The MADMOBILE Service is intended solely for personal non-commercial use by mature audiences over the age of eighteen (18). No portion of this Site is targeted to children, and any minor must seek consent of his or her legal guardian before using this site. MADMOBILE does not condone the use of the MADMOBILE Service by minors under the age of eighteen (18), and no individual under the age of thirteen (13) is permitted to use the Service under any circumstances, even with the consent of their legal guardian. The following conduct is prohibited on the MADMOBILE Service, and You may not create any image, message and/or other communication that constitutes:

  • Sending or creating harassing, abusive, or threatening images, including any images and/or communications that contain expressions of hatred, bigotry, racism, or other indecent expression;
  • Sending or creating obscene or pornographic images;
  • Sending or creating indecent, defamatory or libelous images;
  • Sending or creating any image and/or communication to a minor under the age of thirteen (13);
  • Sending or creating any image that may infringe on the copyright, trademark, publicity/privacy right or other intellectual property of any third-party;
  • Sending viruses or other harmful, disruptive, or destructive files using the Service;
  • Attempting to steal passwords or credit card information using the Service;
  • Sending any image and/or communication for commercial purposes using the Service;
  • Sending images in furtherance of unlawful, criminal, or fraudulent activity; or
  • Attempting to conceal or misrepresent the identity of the sender.

Violations of the MADMOBILE's acceptable use policy will not be tolerated and may result in the sender being blocked from sending additional use of the service. MAD MOBILE RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING RECIPIENTS OF YOUR MESSAGE AND/OR COMMUNICATION, AND ANY OTHER INFORMATION DEEMED NECESSARY BY MAD MOBILE TO ADDRESS VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

You acknowledge that MADMOBILE does not pre-screen any content (including but not limited to images) used by you or other users in the creation of the messages and/or other communications created by you through the MADMOBILE Service. MADMOBILE and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any messages and/or communications, and to investigate reports of misuse of the MADMOBILE Service by you. Without limitation, MADMOBILE and its designees shall have the right to review and remove any messages and/or other communications that violate the Terms or is otherwise objectionable, as well as to block and/or terminate your access to the MADMOBILE Service.

Privacy Policy
The information provided by You in using this Service shall be governed under the AT&T Mobility Privacy Policy previously agreed to by You when You subscribed to the AT&T Mobility mobile phone service.

User Provided Content Indemnity
MADMOBILE may allow you to create your own message and/or communications by: (i) uploading a photograph, image, or artwork provided solely by you (the "User Provided Content"). You are solely responsible for any User Provided Content used by you in conjunction with the MADMOBILE Service, including any all User Provided Content integrated by you into messages and/or communications created using the MADMOBILE Service. When you use any User Provided Content in conjunction with the MADMOBILE Service you are indicating that you own the User Provided Content and/or have full rights to its use. MADMOBILE will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the MADMOBILE Service, as well as terminate access to the MADMOBILE Service, if you engage in copyright or other intellectual property infringement.

When you upload User Provided Content to the MADMOBILE Service and use it to create a framer, the User Provided Content will be used for the transmission of your digital message, and you grant to MADMOBILE a limited, non-transferable, limited license to use the User Provided Content in order to facilitate the creation and delivery of the message and/or communication.

Warranty Restriction; Limitation Of Liability
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM) OR AGAINST INFRINGEMENT. NEITHER MAD MOBILE NOR AT&T MOBILITY IS RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC CONTENT SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

NEITHER MAD MOBILE, AT&T MOBILITY, NOR ANY OF THERE OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF MAD MOBILE OR AT&T MOBILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT MAD MOBILE, AT&T MOBILITY AND THEIR AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.

NEITHER MAD MOBILE, AT&T MOBILITY NOR THEIR AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS MAD MOBILE, AT&T MOBILITY AND THEIR AFFILIATES AND PARTIES WITH WHOM MAD MOBILE HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.

Indemnification
You hereby indemnify, defend and hold harmless MADMOBILE, AT&T Mobility and their affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. MADMOBILE reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Ownership
The MADMOBILE Service, applications, and related information are the exclusive property of MADMOBILE. All rights not specifically licensed herein are hereby reserved to MADMOBILE or its suppliers. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.

Entire Agreement
These Terms, as amended, your registration forms, and the disclosures provided by MADMOBILE and the consents and indemnifications provided by you, constitute the entire agreement between you and MADMOBILE. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Your agreement with AT&T Mobility is governed by your contract for wireless service including the data service terms located at www.att.com/media/terms.

Governing Law
This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of laws provision. Any dispute arising between you and MADMOBILE, Inc. will be submitted to binding arbitration in Tampa, Florida, and you hereby waive any claim and/or defense that such forum is not proper or convenient, and consent to service of process by any means authorized by Florida law. Any dispute arising between you and MADMOBILE, Inc. will be submitted in accordance with the JAMS standard rules then in effect for arbitration of commercial disputes.

Notices and Copyright Violation Notices
Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to MADMOBILE by postal mail to: MADMOBILE, Inc., c/o Legal Affairs, 306 Tyler St., 4th Floor, Tampa, FL 33602, USA. If applicable law requires that MADMOBILE accept email notices (but not otherwise), then you may send MADMOBILE email notice using the email address detailed therein.

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