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Updated April 8, 2010
Welcome to Slooce! Use of the Slooce text message-based services (including the Premium Services described below, the “Services”) is subject to the following Terms of Service. These terms constitute a legal agreement (the “Agreement”). Please read them carefully. By using the Services you agree to these Terms of Service set forth below as they may be updated from time to time by Slooce. We may modify these Terms of Service from time to time, for any reason, and without notice, without liability to you, any other user or any third party. Please visit this page frequently to check for changes in these Terms of Service. The date of the last update will be posted at the top of these Terms of Service for your convenience. Your continued use of the Services following the posting of any changes to these Terms of Service constitutes your full acceptance of those changes.
If you have any additional questions regarding this Agreement, please feel free to contact us any time at info [at] sloocetech [dot] com.
To obtain help you may:
Slooce offers certain games for a fee (the “Premium Services”) ranging from $0.99/mo to $9.99/mo. When you register for Premium Services, information about the fees applicable for such Premium Services (the “Premium Fees”) will be provided to you as part of the signup process, on the Slooce website or via a confirmation message sent to your mobile device. Unless otherwise indicated, Premium Fees will appear on your wireless bill or be deducted from your prepaid balance, and you agree to pay your carrier all applicable Premium Fees. The Premium Fees shall be due immediately and are non-refundable, unless otherwise indicated to you in writing by Slooce. Other third party charges, such as text messaging fees from your carrier, may apply when you register for and/or use Premium Services. Please review your agreement with your carrier or contact your carrier for more details. Messaging and Data Rates May Apply. All Premium Fees are subject to change and Slooce will provide you with reasonable notice of such change in Premium Fees prior to the new Premium Fees taking effect. Upon receipt of Slooce’s notice of a change in Premium Fees, you may cancel any Premium Services for which Premium Fees have been changed at the end of your then-current subscription period if you do not accept the new Premium Fees. Continuation of any Premium Services after notice of a change in Premium Fees will constitute your agreement to such new Premium Fees.
By You. You may terminate all or any portion of the Services at any time as follows:
Slooce provides text message-based services such as alerts and games (such as trivia). We also provide an opportunity for users of the Services to send text messages to one another. You acknowledge and agree that the Services are for your personal use only. You may not use the Services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. If you want to make commercial use of the Services, you must enter into an agreement with Slooce to do so in advance. Please contact us for more information. Slooce occasionally provides links or access to websites, services or properties owned by third parties (collectively “Third Party Links”). Slooce does not own or operate such Third Party Links and is not responsible for the content or performance of any Third Party Links.
Slooce subscription games are delivered via text messaging to your mobile phone. The frequency of messaging varies from game to game, ranging from daily new games to 1 new game every 4 days. The number of messages per game also varies from game to game. For example, in the case of Trivia games, each game consists of 1 to 10 questions per game.
In order to use the Services, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Slooce makes the Services available as well as any carrier services necessary to send text messages, and pay any service fees associated with any such access. YOUR CARRIER’S TEXT MESSAGING RATES WILL APPLY TO ALL TEXT MESSAGE COMMUNICATIONS MADE IN CONNECTION WITH THE SERVICES. ACCORDINGLY, ALL PRICING, BILLING, REFUND AND OTHER RELATED INQUIRIES AND SUPPORT MUST BE DIRECTED TO YOUR CARRIER'S CUSTOMER SUPPORT TEAM. In addition, you must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service.
You agree to not use the Services to transmit any unsolicited or unauthorized advertising, promotional materials or “spam”. You agree not to assume the identity of any individual other than yourself or to use a mobile telephone number belonging to a third party without their permission. You agree not to use the Services in any way which: (i) restricts or inhibits any other users from using and enjoying the Services; (ii) transmits a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware, telecommunications equipment or system; (iii) is intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of the Services; (iv) monitors or copies content from the Services by using any robot, spider, crawler or other automatic device or manual process, without our prior written permission; (v) imposes an unreasonable or disproportionately large load on our infrastructure; (vi) involves fraudulent or illegal activities; (vii) transmits content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party, including through the selection of a user or screen name or (viii) is intended to harass or annoy others.
Our collection of information from you, such as your mobile phone number, is subject to our Privacy Policy, which is incorporated herein. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.
Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to Slooce shall be and remain the exclusive property of Slooce. Your submission of any such Comments shall constitute an assignment to Slooce of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. Slooce will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Slooce expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.
All trademarks, names and logos used on Slooce’s website or delivered via the Services are owned by Slooce or Slooce’s third party licensors (unless otherwise stated). Your use of the Services and our website does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this site. No license is expressly impliedly granted within or as a result of your use of the Services or our website. Without Slooce’s prior permission, you agree not to display or use in any manner, the Slooce trademarks, names and logo.
See Sweepstakes Rules for more information.
Slooce is not responsible for any violations of any intellectual property rights by any user of the Services. If you believe that your intellectual property rights have been infringed by another user please contact us info [at] sloocetech [dot] com. Upon receiving your complaint, we may, in our sole discretion, terminate the account of the user who appears to be infringing your intellectual property rights.
Users of the Services must be at least 13 years of age. By using the Services, you are representing that you are at least 18 or that you are at least 13 years old and have your parents' permission to use the service. We reserve the right to terminate any account for non-use of longer than 90 days. You are solely responsible for all security information relating to your use of the Services, and are fully responsible for all activities that occur under your mobile phone number.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SLOOCE 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. SLOOCE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SLOOCE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS 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 SLOOCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES.
You agree to defend, indemnify, and hold harmless Slooce and its affiliates, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services by you or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Services, or (iii) any other activity related to your account (including negligent or wrongful conduct). Slooce reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with Slooce and its counsel in the conduct of such defense.
No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and you do not have any authority of any kind to bind Slooce in any respect whatsoever. Slooce may transfer, assign or delegate these Terms of Service and the rights and obligations hereunder without your consent. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Services shall be filed only in the federal courts located in the State of California, or state courts located in the county of Santa Clara and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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 Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement constitutes the entire agreement between you and Slooce with respect to your use of the Services.
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