Terms & Conditions
Please read these terms and conditions of service carefully before you launch mobile products, services or applications provided by Phizzle. Your use of the Phizzle application indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the Phizzle application.
INTRODUCTION
These terms and conditions of service represent the agreement ("Agreement") between you and Phizzle, Inc. ("Phizzle") with respect to the Phizzle application service (the "Phizzle Service" or "Service"). All references herein to "you" and "your" means you, your employees, agents, and contractors, and any other entity on whose behalf you accept these terms and conditions, all of whom shall also be bound by this Agreement.
Phizzle may revise these terms and conditions at any time, with or without notice to you. You should visit http://www.Phizzle.com from time to time to review the then current terms and conditions for the Phizzle Service.
THE PHIZZLE SERVICE
Phizzle provides mobile marketing solutions for well-known brands and enterprises. The Phizzle Service enables a brand or enterprise to interact with you by delivering content, information, promotional offerings, coupons, etc. to your mobile device. The service utilizes multiple mobile data communication modes, including text messaging, mobile web, and downloadable applications. There is no monthly fee associated with the use of this service, however, message & data rates may apply. A complete description of the Phizzle Service is available at the Products link on Phizzle's website, located at www.phizzle.com.
The Phizzle Service may use data licensed to or provided to Phizzle by Phizzle's brand or enterprise customers or other third parties. This data is used for the benefit of you and to improve the overall usage experience. Any additional terms and conditions required by Phizzle's brand or enterprise customers or other third parties will be referred to in the set-up process presented on the mobile phone upon activation this Service.
A list of carriers that are currently supported include but are not limited to: AT&T, Sprint, Boost, Nextel, Verizon Wireless, U.S. Cellular, Cellular One, Virgin Mobile and T-Mobile.
PROGRAM SPONSOR INFORMATION
- Sports alerts (up to 30 messages per month)
- Retail alerts and coupons (up to 7 messages per week)
- Media/broadcast companies (Text2screen, voting, polling, trivia, information and entertainment alerts, - up to 30 messages per month)
OPT-OUT
You can cancel your receipt of mobile alerts at anytime by texting the word STOP to the 53548, 74499, 95323, or 90561 shortcodes.
For assistance, text HELP to the 53548, 74499, 95323, or 90561 shortcodes for information.
YOUR LOCATION AND OTHER PERSONAL INFORMATION
Phizzle's downloadable applications may access GPS, if available, from your device to determine your location. This information is used to provide you with a better user experience and deliver content and information that is relevant to you based on your geographic location. You must provide consent upon the initial start-up of the application to allow the application to use your location.
Additionally, the Phizzle Service may collect Personally Identifiable Information ("PII"). PII is information that can be directly associated with a specific person or entity, and may include your name, mobile phone number, and email address. The Phizzle Service may also collect information about your wireless device type, the name of your wireless carrier, the types of interactions and transactions you invoke in response to the Phizzle Service, and your preferences. This is Non-Personally Identifiable Information ("Non-PII") and this is used to improve the Service to deliver more relevant content and marketing messages, as well as to measure the effectiveness of information, content, and promotional offers. PII and Non-PII information is subject to Phizzle's privacy policy located at www.phizzle.com. Your use of the Phizzle Service indicates that you accept the terms of Phizzle's privacy policy.
SAFE AND LAWFUL USE OF THE PHIZZLE SERVICE
You agree to comply with the following when using the Phizzle Service:
- Do not use the Phizzle Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
- Do not use the Phizzle Service while operating a motor vehicle.
TELEPHONE CHARGES
You are responsible for any fees assessed by your wireless telephone carrier to access the Phizzle Service, including any data plan charges, text messaging charges, tolls, out-of-area roaming, or other telephone connection charges. Msg&Data Rates May Apply.
TERMINATION
Phizzle reserves the right to terminate your access to the Phizzle Service at any time for any or no reason and without notice to you.
You may terminate the Phizzle Service at any time by notifying Phizzle via (i) an email addressed to support@Phizzle.com, (ii) a letter addressed to Phizzle, Inc., 58 2nd Street, 3rd Floor, San Francisco, CA. 94105, or (iii) a phone call to Phizzle Customer Support at 877-744-9953 .
Any such cancellation by you shall become effective when processed by Phizzle.
Upon any termination of your Phizzle Service, Phizzle shall have no liability to you or any further obligations under this Agreement.
DISCLAIMERS
To the fullest extent permissible pursuant to applicable law, in no event will Phizzle, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the Phizzle Service or the Phizzle Software. You are responsible for the entire risk arising out of your use of the Phizzle Service and the Phizzle Software.
The Phizzle Service and the Phizzle Software are provided "as is" and without warranties of any kind either express or implied. Phizzle disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and fitness for a particular purpose.
Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.
LIMITATION OF LIABILITY
To the extent permitted under applicable law, under no circumstances shall Phizzle or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the Phizzle Service or the Phizzle Software, any defects in the Phizzle Service or the Phizzle Software, or any breach of this Agreement, even if Phizzle or its licensors have been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.
INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend and hold Phizzle and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with your use of the Phizzle Service.
ARBITRATION AND GOVERNING LAWYou agree that any dispute, claim or controversy arising out of or relating to this Agreement, the Phizzle Service, or the Phizzle Software, shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.
This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of Delaware, this is good without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of its courts.
MISCELLANEOUS
This Agreement constitutes the entire agreement between Phizzle and you with respect to the subject matter hereof.
Phizzle's or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Phizzle. Notwithstanding the foregoing, Phizzle may assign this Agreement to any affiliate or successor company at any time without notice.
By using the Phizzle Service, you consent to receive from Phizzle all communications, including notices, agreements, legally required disclosures or other information in connection with the Phizzle Service (collectively, "Notices") electronically. Phizzle may provide such Notices by posting them on Phizzle's website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Phizzle Service.
If you have any questions regarding the terms of this Agreement, please contact Phizzle via (i) an email addressed to support@Phizzle.com, (ii) a letter addressed to Phizzle, Inc., 58 2nd Street, 3rd Floor, San Francisco, CA. 94105, or (iii) a phone call to Phizzle Customer Support at 877-744-9953.
