SMS Alerts TOS

By opting into the Aeria Games & Entertainment's SMS alerts service, you understand that the SMS alert service is provided via a third party, Slooce Technology, Inc, and that any use of the service requires adherence to both Aeria Games & Entertainment's Terms of Service and that of Slooce Technology's. In the event that there is a conflict between the terms of use between that of Aeria Games & Entertainment and Slooce Technology, you understand that the terms of service provided by Aeria Games & Entertainment will supersede that of Slooce Technology.

Slooce Technology, Inc. -- Terms of Service

Updated March 24, 2008

References to "Slooce", "we", "us" and "our" herein refer to Slooce Technology, Inc.

Welcome to Slooce! Use of the Slooce service (the "Service") is subject to the following Terms of Service. These terms constitute a legal agreement (the "Agreement"). Please read them carefully.

By using the Service you agree to these Terms of Service set forth below as they may be updated from time to time by Slooce. We may modify these Terms of Service from time to time, for any reason, and without notice, without liability to you, any other user or any third party. Please visit this page frequently to check for changes in these Terms of Service. The date of the last update will be posted at the top of these Terms of Service for your convenience. Your continued use of the Service following the posting of any changes to these Terms of Service constitutes your full acceptance of those changes.

Description of the Service

Slooce provides text message based games, such as trivia, via SMS. We also provide an opportunity for users of the Service to send text messages to one another. You acknowledge and agree that the Service is for your personal use only.

Slooce occasionally provides links or access to websites, services or properties owned by third parties (collectively "Third Party Links"). Slooce does not own or operate such Third Party Links and is not responsible for the content or performance of any Third Party Links.

Access to the Service

In order to use the Service, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Slooce makes the Service available as well as any carrier services necessary to send text messages, and pay any service fees associated with any such access.
YOUR CARRIER'S TEXT MESSAGING RATES WILL APPLY TO ALL TEXT MESSAGE COMMUNICATIONS MADE IN CONNECTION WITH THE SERVICE. ACCORDINGLY, ALL PRICING, BILLING, REFUND AND OTHER RELATED INQUIRIES AND SUPPORT MUST BE DIRECTED TO YOUR CARRIER'S CUSTOMER SUPPORT TEAM.

In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service.

If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service shall be subject to the terms and conditions of this Agreement.

Slooce reserves the right at any time and from time to time to modify, suspend, limit the use of, discontinue or permanently cancel the Service. Slooce uses reasonable efforts to ensure that the Service is always available. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. By using the Service, you agree that Slooce will not be liable to you for any modification, suspension or discontinuance of the Service.

Terminating the Service

By You. You may terminate the Service at any time by texting "STOP" or "QUIT" to 47711.

By Slooce. You agree that Slooce, at its sole discretion, may at any time terminate your use of the Service and/or change its content offering made available through the Service, if Slooce believes that you have violated or acted inconsistently with this Agreement. You agree that Slooce shall not be liable to you or any third party for any termination of your access to the Service.

Conduct

You agree to not use the Service to transmit any unsolicited or unauthorized advertising, promotional materials or "spam". You agree not to assume the identity of any individual other than yourself or to use a mobile telephone number belonging to a third party without their permission. You agree not to use the Service in any way which: (i) restricts or inhibits any other users from using and enjoying the Service; (ii) transmits a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware, telecommunications equipment or system; (iii) is intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of the Service; (iv) monitors or copies content from the Service by using any robot, spider, crawler or other automatic device or manual process, without our prior written permission; (v) imposes an unreasonable or disproportionately large load on our infrastructure; (vi) involves fraudulent or illegal activities; (vii) transmits content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party, including through the selection of a user or screen name or (viii) is intended to harass or annoy others.

Privacy

Our collection of information from you, such as your mobile phone number, is subject to our Privacy Policy, which is incorporated herein. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

Submissions

Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to Slooce shall be and remain the exclusive property of Slooce. Your submission of any such Comments shall constitute an assignment to Slooce of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. Slooce will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Slooce expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.

Copyright Infringement

Slooce is not responsible for any violations of any intellectual property rights by any user of the Service. If you believe that your intellectual property rights have been infringed by another user please contact us info [at] sloocetech [dot] com. Upon receiving your complaint, we may, in our sole discretion, terminate the account of the user who appears to be infringing your intellectual property rights.Age Requirements and Service Limitations.

Users of the Service must be at least 13 years of age. By using the Service, you are representing that you are at least 18 or that you are at least 13 years old and have your parents' permission to use the service.

We reserve the right to terminate any account for non-use of longer than 90 days.

You are solely responsible for all security information relating to your use of the Service, and are fully responsible for all activities that occur under your mobile phone number.

Disclaimer of Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SLOOCE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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. SLOOCE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SLOOCE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 SLOOCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnification

You agree to defend, indemnify, and hold harmless Slooce and its affiliates, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Service by you or any person to whom you have granted access to the Service, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). Slooce reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with Slooce and its counsel in the conduct of such defense.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and you do not have any authority of any kind to bind Slooce in any respect whatsoever.

Slooce may transfer, assign or delegate these Terms of Service and the rights and obligations hereunder without your consent.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the federal courts located in the State of California, or state courts located in the county of Santa Clara and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

This Agreement constitutes the entire agreement between you and Slooce with respect to your use of the Service.

If you have any additional questions regarding this Agreement, please feel free to contact us any time at info [at] sloocetech [dot] com.

© 2008 Slooce Technology, Inc.