SpyderLynk provides its service to you subject to the following Terms of Service (“TOS”), which may be updated by SpyderLynk from time to time without notice to you. In addition, when using particular SpyderLynk owned or operated services, you and SpyderLynk are subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
SpyderLynk is an image recognition based mobile marketing company. SpyderLynk’s customers, brands and advertising agencies (“Advertisers”), use SpyderLynk’s mobile marketing solution to deploy and conduct marketing campaigns. As a User, you may engage in (opt in) these mobile marketing campaigns (“Service”). The call to action in these campaigns requests your participation (opt in) by asking you to take a picture of a SpyderLynk enable print ad, product logo, product packaging, movie poster or billboard containing a SnapTag and send it to an e-mail address, long code or short code using the picture messaging capability of your cell phone. In return, you may be sent a simple SMS message with relevant information, SMS message with a link to a WAP site/Mobile Internet site, or possible entry into a contest or sweepstakes. Opting to participate in the campaign is 100% your choice. And as indicated above, once you opt in, you will only receive a message described above. You will not receive any messages from SpyderLynk unless you have opted to participate in the campaign.
The Service may offer sweepstakes or contests, which may be governed by a separate set of rules that describe the sweepstakes or contests and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.
SpyderLynk service is only available to users who are eighteen (18) years of age or older and is not intended for users less than eighteen (18) years old.
77865 is only available to users who are twenty-one (21) years of age or older and is not intended for users less than twenty-one (21) years old.
95871 does not support feature phones on T-Mobile.
All text or picture messages initiated from your phone are subject to standard messaging fees from your mobile operator. You may also incur data usage fees imposed by your operator to access WAP/Mobile Internet sites. Message and data rates may apply. Please check with your operator to find out the specifics of these charges. Participating carriers: Verizon Wireless, AT&T, Alltel, Sprint, nTelos, U.S. Cellular, CBW, Virgin Mobile and TMobile. Participating carriers for the short codes 95871, 27205, 26753, 77865, 72935 Verizon Wireless, AT&T and Alltel.
Once you Opt-In to short codes 27205, 26753, 77865, you can expect to receive 4 message per month.
Once you Opt-In to short code 95871 you can expect to receive up to 3 msgs/entry.
Once you Opt-In to short code 72935 user will receive 1 msg per request.
To opt-out text STOP (or “CANCEL,” “END,” “UNSUBSCRIBE,” “QUIT,” “STOP ALL”) to short code 95871, 27205, 26753, 77865, 72935 OR to the applicable number or email address in the advertising for the campaign.
You may request customer support from firstname.lastname@example.org. You can also request help by texting the keyword “HELP” to shortcode 95871, 27205, 26753, 77865, 72935 shown in the print ads campaign OR to the applicable number or email address in the advertising for the campaign (i.e., the shortcode which was provided to you when you initially elected to participate in the campaign and/or such other shortcode which was provided to you for such purpose in messages sent to you by SpyderLynk).
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not SpyderLynk, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. SpyderLynk does not control the Content transmitted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SpyderLynk be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that SpyderLynk may or may not pre-screen Content, but that SpyderLynk and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, SpyderLynk and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SpyderLynk or submitted to SpyderLynk, including without limitation information in message boards and in all other parts of the Service.
You acknowledge, consent and agree that SpyderLynk may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of SpyderLynk, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by SpyderLynk and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
When you use SpyderLynk service, you acknowledge that in using SpyderLynk services to send electronic communications (including but not limited to email, search queries, sending messages to SpyderLynk, uploading photos and files to SpyderLynk, and other Internet activities), you will be causing communications to be sent through SpyderLynk’s computer networks, portions of which are located in California and other locations in the United States and portions of which are located abroad. As a result, and also as a result of SpyderLynk’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant SpyderLynk the following worldwide, royalty-free and non-exclusive license(s), as applicable:
You agree to indemnify and hold SpyderLynk and its subsidiaries, affiliates, officers, agents, employees, partners, cellular service providers/wireless operators and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your SpyderLynk ID), use of the Service, or access to the Service.
You acknowledge that SpyderLynk may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that queries, photo postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on SpyderLynk’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that SpyderLynk has no responsibility or liability for the deletion or failure to store any photos, queries, messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that SpyderLynk reserves the right to log off and remove accounts that are inactive for an extended period of time. You further acknowledge that SpyderLynk reserves the right to modify these general practices and limits from time to time.
SpyderLynk 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 SpyderLynk shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that SpyderLynk may, under certain circumstances and without prior notice, immediately discontinue your access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be on SpyderLynk’s sole discretion and that SpyderLynk shall not be liable to you or any third party for any termination of your account or access to the Service.
Your correspondence or business dealings with, or participation in promotions of, Advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Advertisers. You agree that SpyderLynk shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Advertisers on the Service.
The Service may provide, or third parties may provide, links to other WAP/Mobile Internet, and/or World Wide Web sites or resources. Because SpyderLynk has no control over such sites and resources, you acknowledge and agree that SpyderLynk is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SpyderLynk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by Advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SpyderLynk or Advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
SpyderLynk grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by SpyderLynk for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPYDERLYNK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SPYDERLYNK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/CELL PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPYDERLYNK OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPYDERLYNK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CELLULAR SERVICE PROVIDERS/WIRELESS OPERATORS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPYDERLYNK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
SpyderLynk may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
The SpyderLynk logos, trademarks and service marks and other SpyderLynk logos and product and service names are trademarks of SpyderLynk Inc. Without SpyderLynk’s prior permission, you agree not to display or use in any manner the SpyderLynk Marks.
SpyderLynk respects the intellectual property of others, and we ask our users to do the same. SpyderLynk may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SpyderLynk’s Copyright Agent the following information:
SpyderLynk’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By e-mail: email@example.com
Entire Agreement. The TOS constitutes the entire agreement between you and SpyderLynk and governs your use of the Service, superseding any prior agreements between you and SpyderLynk with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SpyderLynk services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and SpyderLynk shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and SpyderLynk agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of SpyderLynk to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your SpyderLynk account is non-transferable and any rights to your SpyderLynk ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to firstname.lastname@example.org.
You are solely responsible for obtaining any mobile phones, other devices, equipment, and software that may be needed to use the Services, including mobile phones that meet the minimum requirements posted on SpyderLynk’s web site for use of the Services. SpyderLynk shall have no obligation, responsibility, or liability for providing any support or assistance with respect to any such mobile phone, device, equipment or software.