Welcome to SIDEBAR®, which is provided by Sidebar, Inc. (“Sidebar,” “we” “us”). These Terms and Conditions (“Terms”) govern your use of the SIDEBAR application and related website and service (collectively referred to herein as “SIDEBAR”). These Terms may be amended from time to time by Sidebar in its sole discretion.
THIS IS LEGAL AGREEMENT BETWEEN YOU AND SIDEBAR.
BY USING SIDEBAR, YOU (I) AGREE TO THE FOLLOWING TERMS, (II) CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN THE SIDEBAR PRIVACY POLICY, (III) CONSENT TO RECEIVE REQUIRED NOTICES FROM SIDEBAR AND (IV) ACKNOWLEDGE THAT STANDARD WIRELESS PHONE RATES MAY APPLY WHEN YOU INTERACT WITH SIDEBAR AND/OR RECEIVE NOTICES FROM US, INCLUDING TEXT MESSAGING AND DATA CHARGES (SEE “NETWORK CHARGES” BELOW). IF YOU DO NOT AGREE, DO NOT USE SIDEBAR.
Description of SIDEBAR
SIDEBAR allows you to receive, view and interact with content and advertisements (“Content”) based on your interests on your mobile phone. Once you install SIDEBAR on a supported mobile phone, you can select areas of interest and other preferences with respect to the Content you will receive through SIDEBAR. We will use your phone number or, in certain circumstances, a unique registration number to identify you on SIDEBAR and match your preferences with the appropriate Content. Content will be automatically delivered from SIDEBAR to your mobile phone and will be viewable in the SIDEBAR application and automatically after certain events occur on your phone (i.e. after you make a call or send a text message). SIDEBAR also allows you to share certain Content with your friends or other third parties by sending a hyperlink to such Content in a text message. To assist sharing and other features, SIDEBAR may make use of information stored on your mobile phone, including, without limitation, your address book to help complete text message addresses and your calendar to add events for which you opt-in.
SIDEBAR Content
SIDEBAR Content may be from Sidebar and/or third parties. You acknowledge and agree that Sidebar is not obligated to examine such Content, including for accuracy, relevance or suitability, or any information contained therein, and that links or other interactive features included in such Content are provided for your convenience only. You may find certain Content you encounter in your use of SIDEBAR to be offensive or objectionable, which content may or may not be identified as explicit. Notwithstanding the foregoing, you agree that your use of SIDEBAR is at your own risk, and Sidebar will have no liability for such Content. You further agree not to use any Content in a manner that infringes or violates the rights of any party with rights in such Content, and that Sidebar is not responsible for such conduct by you.
Network Charges; Carrier Policies
Depending on your plan and mobile service provider, you may be charged for use of your mobile phone when you interact with SIDEBAR, when you share SIDEBAR Content, when SIDEBAR updates the Content stored on your mobile phone and/or when we send you notices regarding SIDEBAR. Also, if you request we send you a text message in order to download SIDEBAR, we will pay for the charge to send such text message, but you may be charged for receiving the text message and completing the download. You acknowledge and agree to incurring such charges in your use of SIDEBAR. You further agree to comply with all applicable laws, rules, regulations and your mobile service provider’s policies, including policies regarding approved uses of text messages, in connection with your use of SIDEBAR.
Accounts
In order to use SIDEBAR, you may be required to create an account. You acknowledge and agree that you will provide accurate and complete information to Sidebar in creating your account, and update such information from time to time as it changes. You are entirely responsible for maintaining the confidentiality of your password, if any. You may not use any other user’s account without permission, and you are responsible for all activity that occurs on your account. You agree to notify Sidebar immediately of any unauthorized use of your account, user name or password.
Changes; Termination
You may be required to obtain updates to SIDEBAR from time to time. You acknowledge and agree that Sidebar may change, alter or terminate SIDEBAR at any time, and your downloading and use of SIDEBAR does not entitle to you to continued use of SIDEBAR in the event Sidebar changes SIDEBAR.
Privacy
Sidebar respects your privacy and permits you to control the treatment of your personal information. Sidebar’s Privacy Policy is expressly incorporated into this Agreement by this reference.
Intellectual Property
You acknowledge and agree that the Content, SIDEBAR and any other materials, software or products provided to you in connection with SIDEBAR are the property of Sidebar and/or its third party partners (or third party partners thereof), and are subject to applicable copyright, trademark, patent and other intellectual property rights under the laws of the United States and foreign laws and international conventions. SIDEBAR, including all software, files, images, data included with or generated by SIDEBAR, are deemed to be licensed to you by Sidebar for your personal, noncommercial use only. Sidebar does not transfer either title or the intellectual property rights to any aspect of SIDEBAR to you, and Sidebar retains full and complete title to SIDEBAR as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce SIDEBAR (except for sharing functionality specifically set forth therein), nor may you decompile, reverse-engineer, dissemble or otherwise convert SIDEBAR to a human-perceivable form. All copyright, trademark or other intellectual property right notices contained in or accessed through SIDEBAR are owned by Sidebar or its third party partners, and you agree not to remove, obscure or otherwise alter the same.
Disclaimer of Warranties
To the maximum extent permissible under applicable law, Sidebar and any third party who makes content or services available through SIDEBAR disclaim any and all responsibility for any harm, losses or damages resulting from your use of SIDEBAR and/or any third party content or services accessed through SIDEBAR.
SIDEBAR AND ALL CONTENT AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH SIDEBAR ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER. SIDEBAR AND ANY SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BECAUSE SOME JURISDICTIONS LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOADING AND USE OF SIDEBAR IS AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES TO YOUR MOBILE PHONE AND/OR MOBILE PHONE SERVICE, INCLUDING, WITHOUT LIMITATION, INTERRUPTION OF SERVICE OR LOSS OF DATA, THAT RESULTS FROM USING SIDEBAR.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NONE OF SIDEBAR, ANY THIRD PARTY WHO PROVIDES CONTENT THROUGH SIDEBAR OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES SHALL BE LIABLE UNDER ANY CIRCUMSTANCE TO YOU ON ACCOUNT OF YOUR USE OF SIDEBAR, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity
By using SIDEBAR, you agree to indemnify, defend and hold harmless Sidebar and its officers, directors, employees, agents, contractors and representatives from any and all claims arising out of or related to your breach of these Terms or your use of SIDEBAR.
Export Control
You agree to obey and comply with any and all applicable United States laws, rules and regulations governing the export of software.
General Provisions
These Terms will be governed by and construed in accordance with the laws of the State of California, without reference to principles of conflict of laws provisions. The parties hereto irrevocably agree to the exclusive jurisdiction of the federal and state courts located in the County of Los Angeles, State of California. These Terms (and any other agreement, document or policy referenced herein) constitute the entire agreement between you and Sidebar with respect to the subject matter hereof and supersedes any and all prior to contemporaneous understandings or agreement, whether written or oral. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the enforceability of the remaining provisions, which shall remain in full force and effect. Any waiver of any provision of these Terms will be effective only if in writing and signed by Sidebar. Sidebar’s failure to assert any right under these Terms shall not constitute a waiver of such right in the future. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sidebar without restriction.
Effective as of January 2009