MetroZone and MyExtras Terms of Service
Welcome. You may use MyExtras software, services, applications and updates ("Applications") only on the condition that you abide by the following terms ("Terms"). Please review them.
YOU MAY SIGNIFY YOUR AGREEMENT TO THESE TERMS ELECTRONICALLY EITHER BY:
- YOUR ACT OF ACQUIRING THE APPLICATIONS FROM AN APPLICATION STORE,
- DOWNLOADING THE APPLICATIONS,
- INSTALLING THE APPLICATIONS AND/OR
- BY CLICKING YOUR ACCEPTANCE TO THESE TERMS.
If you do not agree to these Terms, do not download, install or use the Applications.
ABOUT THESE TERMS
You agree that these Terms have the same force and effect as an agreement signed in writing. Your affirmative act of accepting these Terms means that you have read, understood, and agreed to be bound by these Terms. There Terms govern your use of the Applications. Metro by
Use of the Application on certain "smart phone," tablet and other mobile devices, including without limitation, devices such as Research in Motion"s Blackberry® devices, Apple® iPhone devices, and Microsoft® Windows Mobile devices, also will be governed by the supplemental terms included in Appendix 1 below. You agree to abide by these supplemental terms if they apply to your mobile device.
Third party distributors or telecommunication services that offer the Applications on their devices or through their application stores may impose their own terms and conditions if you acquire and use the Applications from them, including without limitation, any terms for payment of fees that may accompany your use of the Applications. You understand and agree that such terms are between you and the distributor and will be binding on you.
CHANGES TO THESE TERMS
DESCRIPTION OF SERVICE
The Applications are comprised of proprietary software that give you access to a remote content delivery service offered by Metro by
CHANGES TO THE SERVICE
GRANT OF LICENSE
Subject to these Terms, Metro by
The Applications are licensed, not sold. Metro by
You may not: (i) make any copies of the Applications other than the copy that you need to operate the Applications on your devices, (ii) modify or create any derivative works of the Applications or the mobile devices that incorporate the Applications; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Applications, or in any way ascertain, decipher, or obtain the communications protocols for accessing our networks; (iv) use the Applications to develop software or services that access the address space of the Applications or that intercept the proxy; (v) attempt to gain unauthorized access to any of our or our suppliers', licensors", distributors' or telecommunication services, accounts, computer systems or networks associated with the Applications; (vi) resell, lease, sublicense or otherwise attempt to transfer rights to the Applications; (vii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Applications or the mobile devices; (vii) block, disable, or otherwise affect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute an integral part of the Applications; (ix) incorporate, integrate or otherwise include all or any portion of any of the Applications (including the communications protocols) into any software, program or product that communicates, accesses, or otherwise connects with our services or that interconnects any of our services with any other mobile content and advertising delivery service; (x) use any of our services associated with the Applications in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them; (xi) use the Applications and mobile devices in any way that violates this Agreement or any law; (xii) use the Applications and mobile devices in any way that violates the rights of any third party; (xiii) use the Applications in any way to transmit, directly or indirectly, any unsolicited bulk communications (such e-mails, voice, photos, video, chat or SPIM instant messages); or (xiv) assist any third party to do any of the things described in this paragraph.
All of the foregoing terms shall survive any cancellation or termination of these Terms.
ACCESS AND LOCATION BASED SERVICES
YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE APPLICATIONS THROUGH YOUR WIRELESS DEVICE. Metro by
You acknowledge that the Applications provide features that include instant messaging, status updates of your contacts, posts, alerts, reminders, updates, instant messaging preferences, messaging communications and location. You authorize Metro by
If you elect to use certain location or pinpoint based services (such as, GPS assisted navigation instruction, wireless tower location, triangulation or other available location technologies), Metro by
You also understand and agree that manufacturers and distributors of certain mobile devices may obtain information about your use of the Applications on their devices. Information about the collection and use of this information is disclosed in Appendix 1 below.
SUBSCRIPTION, RENEWAL AND CANCELLATION
These Terms and your subscription to the Applications are effective on the date you install the Applications and accept these Terms and, unless earlier terminated, continue for the term of your subscription as established by the participating wireless carrier (the "Subscription Term"). You may "opt out" or cancel your subscription: (i) by calling your wireless carrier"s customer care department; or (ii) at a retail store for your wireless carrier. Metro by
SPONSORS, THIRD PARTIES AND ADVERTISERS
Your use of the Advertisements, or your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers through the Applications, 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 sponsor, third party or advertiser. You agree that Metro by
The Applications may provide, or third parties may provide, links to other websites or resources. Because Metro by
You consent to Metro by
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATIONS AND THE ADVERTISEMENTS IS AT YOUR SOLE RISK. THE APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. METRO PCS WIRELESS, ITS LICENSORS, PROVIDORS, VENDORS, DISTRIBUTORS AND MANUFACTURERS OF MOBILE DEVICES 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, THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATIONS WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ADVERTISEMENTS, COUPONS OR PROMOTIONS PROVIDED THROUGH THE APPLICATIONS WILL MEET YOUR EXPECTATIONS, ANY ERRORS IN THE APPLICATIONS WILL BE CORRECTED, OR THAT THE APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY ADVERTISEMENTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE PHONE OR OTHER EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ADVERTISEMENTS CREATED BY THIRD PARTIES THAT YOU MAY ACCESS THROUGH THE APPLICATIONS ARE NOT ADOPTED OR ENDORSED BY METRO PCS WIRELESS, ITS LICENSORS, PROVIDERS, VENDORS, DISTRIBUTORS OR MOBILE DEVICE MANUFACTURERS AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT METRO PCS WIRELESS, ITS THIRD PARTY PROVIDERS, LICENSORS, VENDORS, CARRIERS, DISTRIBUTORS AND MANUFACTURERS OF YOUR MOBILE DEVICE SHALL NOT BE LIABLE 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 SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE APPLICATIONS; (ii) THE USE OR INABILITY TO USE YOUR MOBILE DEVICE AS A RESULT OF THE OPERATION OF THE APPLICATIONS, (iii) 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 AS A RESULT OF YOUR USE OF THE APPLICATIONS; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) ADVERTISEMENTS PROVIDED THROUGH THE APPLICATIONS; OR (vi) ANY OTHER MATTER RELATING TO THE APPLICATIONS.
EXCLUSIONS AND LIMITATIONS
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 MAY NOT APPLY TO YOU.
All Advertisements and other materials provided through the Applications ("Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Applications are protected by copyrights and other intellectual property rights owned and controlled by Metro PCS Wireless, the advertisers, or by other parties that have licensed their material to Metro by
You agree to indemnify Metro by
The Applications are subject to export and import laws, regulations, rules and orders of the United States and foreign nations. You must comply with these laws that apply to the Applications. You may not directly or indirectly export, re-export, transfer, or release the Applications, any other commodities, software or technology received from Metro by
HIGH RISK ACTIVITIES.
The Applications are not fault-tolerant and are not designed, manufactured or intended for use in environments in which their failure could lead to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems ("High Risk Activities"). ACCORDINGLY, METRO PCS WIRELESS AND ITS PROVIDERS, LICENSORS, VENDORS, DISTRIBUTORS AND MANUFACTURERS OF YOUR MOBILE DEVICE SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT THE AOL WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE APPLICATIONS IN SUCH HIGH RISK ACTIVITIES.
U.S. GOVERNMENT END-USERS
The Applications are a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Applications with only those rights as described in this License.
YOU AGREE TO THIS LICENSE ELECTRONICALLY. YOU AUTHORIZE Metro by
These Terms are governed by the laws of the State of Texas, except for its conflict of law provisions. You acknowledge that you have read these Terms, understand them and agree to be bound by them. You also agree that these Terms are the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior or contemporaneous oral or written agreements and any other communications between the parties relating to the subject matter of these Terms. No waiver of any right under these Terms shall be deemed effective unless contained in writing and signed by a duly authorized representative of Metro by
a. Supplemental terms for use of Applications with Blackberry® and other devices provided by Research in Motion Limited.
These terms supplement and are in addition to the Terms for users who install the Applications on Blackberry and other devices provided by Research In Motion Limited ("RIM").
1. RIM shall not be liable or responsible for any damages you incur in using the Applications on RIM devices.
3. Any computer code provided by RIM with the Applications are Copyright © 2002-2010 Research in Motion Limited. All rights reserved.
b. Supplement terms for use of Applications with Apple® iPod Touch and iPhones.
These terms supplement and are in addition to the terms of the Agreement for users who install the Applications on iPhones and iPod Touch products provided by Apple, Inc. ("Apple"), in which Apple shall be deemed a "distributor" under the Agreement.
1. Your use of the Applications on Apple devices are subject Usage Rules set forth in Apple"s App Store Terms of Service, which you agree are binding on you.
2. You are not entitled to any hard-copy documentation, support, telephone assistance, or enhancements or updates to the Applications from Apple.
3. Any purchases of premium applications through the Apple iTunes App Store will be governed by the iTunes Store Terms of Sale, which you can review at http://www.apple.com/legal/itunes/us/sales.html.
4. Apple has no obligation whatsoever to furnish any maintenance and support services regarding the Applications.
5. Apple shall not be responsible for any claims by you or any third party relating to your possession and/or use of the Applications, including but not limited to (i) product liability claims, (ii) any claim that the Applications fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection laws or similar legislation, and (iv) claims by any third party that the Applications or your possession and use of the Applications infringes the intellectual property rights of the third party.
6. You agree that Apple and Apple"s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
c. Supplement terms for Applications distributed via Microsoft® Windows Marketplace.
These terms supplement and are in addition to the terms of the Agreement for users who install the Applications on Microsoft Mobile Windows devices.
1. Microsoft shall be deemed a distributor for purposes of the Agreement.
2. You may install and use one copy of the Applications on up to five (5) Windows Mobile devices that you personally own or control and that are affiliated with the Windows Live ID associated with your Windows Marketplace for Mobile Account.
3. You may not install or use a copy of the Applications acquired through your Windows Marketplace for Mobile Account that you do not own.
4. You are not entitled to any hard-copy documentation, support, telephone assistance, or enhancements or updates to the Applications from Microsoft.
Last Updated: 11 March 2020