MYEXTRAS LICENSE AGREEMENT AND 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 T-Mobile may withdraw the right it gives you to use the Applications if you do not abide by these Terms.
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
Metro by T-Mobile may modify these Terms at any time. Metro by T-Mobile will post a notice of such changes to the Metro by T-Mobile website available at https://www.metrobyt-mobile.com/terms-conditions/privacy.html. Any changes shall become part of these Terms and shall apply as soon as such a notice is posted. By continuing to use the Application after the notice is posted, you are indicating your acceptance of such changes.
DESCRIPTION OF SERVICE
The Applications are comprised of proprietary software that give you access to a remote content delivery service offered by Metro by T-Mobile and its vendors (collectively, "Metro by T-Mobile"). The Applications provide users the ability to download, access, and view advertisements, coupons, promotions, content and other information from third party advertisers (the "Advertisements"). You are responsible for obtaining the Application and accessing the MyExtras services by subscribing through a participating wireless carrier. You must provide, and are responsible for, maintaining an active wireless account with a participating wireless carrier and obtaining all mobile devices and other equipment necessary to access the Applications. The Applications include an automated process to enable you to subscribe to pre-selected RSS feeds for use with the Applications. Such RSS fees are made available at no additional cost to you. By installing the Applications, you authorize MyExtras to subscribe to these RSS feeds and to download their content on your behalf.
CHANGES TO THE SERVICE
Metro by T-Mobile may change or continue any aspect of the Applications at any time, without notice or any liability to you. Metro by T-Mobile may discontinue access and use of the Applications on any mobile device, through any application store, or through any mobile carrier.
GRANT OF LICENSE
Subject to these Terms, Metro by T-Mobile grants to you a limited, revocable, non-exclusive, non-transferable, personal right during the Subscription Term (defined below) to use the Applications on your mobile device solely for the purpose of accessing and using the Applications.
The Applications are licensed, not sold. Metro by T-Mobile, it licensors, and the manufacturers of the mobile devices retain all worldwide ownership of and rights, title and interest in and to all patents, designs, trademarks, copyright or rights in any confidential information in the Applications and the mobile devices (including any computer code provided with a mobile device). You acquire no intellectual property in the Applications from Metro by T-Mobile, or in the mobile devices and their computer code from the manufacturers or providers of the mobile devices.
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 T-Mobile, its vendors, licensors, distributors, telecommunication services and manufacturers of the mobile devices do not guarantee that the Applications will work with all wireless devices or wireless service plans, at all times, or in all geographic locations. When you use the Applications, you may incur certain charges from your wireless carrier according to the terms of your carrier agreement, including without limitation, standard fees for data, messaging and wireless access, SMS and MMS messaging services. Please check with your carrier to verify whether there are any such fees that may apply to you.
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 T-Mobile and its providers to communicate with you regarding the Applications using SMS, MMS, text message or other electronic means to your wireless device. You agree to receive messages from the Applications on any or all configured devices. When you access the Applications on your wireless device, Metro by T-Mobile" providers and certain manufacturers of your devices as set forth in Appendix 1 may obtain information from your wireless carrier about the type of device you are using. Metro by T-Mobile and its providers may use this information to notify you concerning the types of features and products from the Applications that may be available to you on your device.
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
XThese 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 T-Mobile will cancel your account within forty eight (48) hours of our receipt of such notification from you. Upon cancellation, Metro by T-Mobile may send you a brief survey requesting information about your experience with the Applications and the reason you are canceling. In addition, these Terms will terminate automatically without notice from Metro by T-Mobile if you fail to comply with any provision of these Terms. Metro by T-Mobile may cancel or suspend your registered user account for the Applications at any time, without cause and/or without notice. You agree to pay the price for any Application that is subject to a fee based on the offer terms of any purchases that you make and accept, including any purchases your make from an applications store or a wireless carrier.
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 T-Mobile, any wireless carrier or manufacturer of your mobile device 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 sponsors, third parties or advertisers through the Applications.
The Applications may provide, or third parties may provide, links to other websites or resources. Because Metro by T-Mobile has no control over such sites and resources, you acknowledge and agree that Metro by T-Mobile and its providers are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Metro by T-Mobile 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.
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 T-Mobile. Except as specifically provided herein, no Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify any Material provided through the Applications. Any unauthorized attempt to modify any Material, to defeat security features, or to utilize the Applications for other than its intended purposes is prohibited.
You agree to indemnify Metro by T-Mobile, its providers, licensors, vendors, distributors and the manufacturers of the mobile devices against (a) any claims that your use of the Applications violates the rights of any third party or any applicable laws and/or regulations of any jurisdictions or (b) any claim that arises from your breach of any obligation or representations under these Terms.
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 T-Mobile, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government.
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 T-Mobile TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE APPLICATIONS ("NOTICES") IN ELECTRONIC FORM. Metro by T-Mobile MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED Metro by T-Mobile WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEB OR MOBILE PAGE DESIGNATED BY Metro by T-Mobile FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by Metro by T-Mobile, regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Applications. As long as you are able to access the Applications on your mobile device, you will be able to receive electronic notices from Metro by T-Mobile.
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 T-Mobile, and no waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms. If any provision in this Agreement is invalid or unenforceable, that provision shall be reformed to the maximum extent allowed by law to reflect the same economic effect as the invalid or unenforceable provision, and the other provisions of these Terms shall remain in full force and effect. The section headings appearing in this Agreement are for the convenience of the parties and do not define or limit the scope or intent of such sections. All communications and notices given pursuant to these Terms will be in the English language.
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: 28 May 2015