Last Modified: May 2007
Welcome to www.saddleclubmobile.com (the "Website") operated by GS New Media, Inc., a Canadian corporation located at 119 Spadina Avenue, Toronto, Ontario M5V2L1 ("GS", "we", "our", or "us"). The Website is intended to enable visitors to the Website (“you” or “your”) to learn more about us and order certain products for use with your cell phone.
1. Use. Please read these terms of use (the “Agreement”) carefully before accessing the Website. By accessing the Website, you acknowledge and agree that you have read this Agreement and wish to be bound by the terms and conditions set forth herein. If you do not wish to be bound by the Agreement, you are not authorized to use this Website. Additional terms and conditions may apply to certain portions of the Website, and your use of such portions of the Website indicate your agreement to such terms and conditions. GS reserves the right to modify the Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications. You further agree that your continued use of the Website after we have posted such modifications shall be deemed to be your conclusive acceptance of any modified Agreement. We will indicate that changes to this Agreement have been made by updating the “Last Modified” date (above) each time any such change is made. If you do not agree to abide by any modified version of this Agreement, you are not authorized to use this Website. A current version of the Agreement is accessible via the footer of the Website homepage.
2. Commercial Transactions.
2.1 Eligibility. You are authorized to purchase products offered through the Website only if you are at least eighteen (18) years of age and are not a minor in your state of residence, and the legal owner of the mobile telephone for which a product is being purchased. By purchasing products offered through the Website, you acknowledge and agree that you are at least eighteen (18) years of age and are not a minor in your state of residence. If you are not at least eighteen (18) years of age and/or are a minor in your state of residence, you are not authorized to purchase products offered through the Website.
2.2 Products. Certain products, such as ring tones and wallpapers, are offered for sale through the Website. In the event you wish to purchase any of these products, you will be asked by GS or an authorized third party on GS’s behalf to supply us with you mobile phone number, carrier, and type of model phone. You agree to provide GS or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any ancillary agreement that you may enter into which governs your purchase of such product.
2.3 Availability. The products offered through the Website are available only to subscribers of mobile telephone services with the following carriers: AT&T, T-Mobile, Virgin, Sprint, Nextel, Boost, Alltel, Midwest Wireless and Verizon. You must have a web-enabled mobile phone that supports third party downloads in order to purchase products from the Website.
2.4 Charges. You will be charged Two Dollars and Ninety-Nine Cents ($2.99) for each product that you purchase through the Website. Standard carrier rates will also be charged to your account for incoming and outgoing text messages that are made in connection with your purchase. Other charges, including without limitation any applicable taxes, may also apply. You will be billed all such charges by means of your mobile phone account and you agree to be responsible for all charges incurred through such account in connection with purchases made through the Website.
2.5 Payment. Your right to receive and use any product that is available for purchase through the Website is conditional on your mobile carrier’s receipt of the appropriate payment for such product. If such payment cannot be charged to your account or if you dispute a charge for any reason, you agree that we reserve the right to cancel your order and/or to bar you from future purchases.
2.6 Product Descriptions. We attempt to be as accurate as possible in our product descriptions. However, we do not warrant that such descriptions are correct, accurate, complete, reliable, current or error-free. If you believe that a product described inaccurately, your sole remedy is to return such product to us for a complete refund of the purchase price.
2.7 Customer Service. If you have any questions about products you have purchased from us, please contact us at contact@saddleclubmobile.com or text “HELP” to short code 05405.
3. Copyright. All content contained on the Website, including but not limited to video, clips, photographs, text, graphics, logos, icons, images and software (collectively, “Content”), is the property of GS or its respective licensors and is protected by U.S. and/or international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of such Content is strictly prohibited; however, you may print copies of any Content or portion thereof contained on the Website for your personal use only. If you use content in any manner contrary to the provisions of the Agreement, you may be liable for infringement, misappropriation or other causes of action to the fullest extent of the law.
4. Trademarks. All names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of GS or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits us.
5. Links. GS and/or third parties may provide links to other websites which may be of interest to you. We have no control over the content or practices of such websites. You acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable directly or indirectly for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that GS 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
6. DISCLAIMER OF WARRANTIES.
6.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. GS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY (i) AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON OR PRODUCTS OFFERED THROUGH THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBSITE, OR (ii) GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON OR PRODUCTS OFFERED THROUGH THE WEBSITE. GS IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE WEBSITE, THE INTERNET, OR YOUR MOBILE TELEPHONE SERVICE. THE WEBSITE AND THE PRODUCTS FOR SALE THEREON ARE PROVIDED TO YOU "AS IS" AND “AS AVAILABLE”, AND GS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PERFORMANCE OF THE WEBSITE OR SUCH ITEMS. SPECIFICALLY, GS DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
6.2 YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL GS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT APPEARING ON OR PRODUCTS OBTAINED THROUGH THE WEBSITE. GS DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, THE INTERNET OR YOUR PHONE CARRIER AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
7. LIMITATION OF LIABILITY.
7.1 IN NO EVENT SHALL GS OR ANY OF ITS SERVICE PROVIDERS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. GS’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO THE WEBSITE OR THIS AGREEMENT IS LIMITED TO ONE THOUSAND DOLLARS ($1,000).
7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 6 OR 7 HEREOF MAY NOT APPLY TO YOU.
8. Indemnification. You agree to indemnify, defend and hold GS harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
9. No Commercial Use. You acknowledge and agree that the Website may not be used by you directly or indirectly in connection with any commercial endeavors.
10. Privacy. GS is committed to safeguarding your privacy. The terms regulating the collection and use of personally identifiable and other information in connection with the Website is described in our Privacy Policy, which can be found at www.saddleclubmobile.com /privacy.
11. Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
12. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, along with any other terms and conditions regulating use of the Website, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement and any ancillary terms and conditions will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
13. If you have any questions or concerns regarding the Website, please contact us by e-mail at contact@www.saddleclubmobile.com or write to us at GS New Media, Inc. 119 Spadina Avenue, Toronto, Ontario M5V2L1.
