Terms of Service
PRIVACY POLICY
Your privacy is important to us. To better protect your privacy,
we provide this notice explaining the online and mobile information practices
used by g8wave. By visiting this site, you agree that any dispute over our
privacy practices is governed by this Privacy Policy and our Terms of Service.
Children's Policy
Children should always get permission from their parents
before sending any information about themselves (such as their names, email
addresses, and phone numbers) over the Internet or via a mobile device to us or
to anyone else. We won't knowingly allow anyone under 13 to register with our
service or to provide any other personally identifying information. If you're
under 13, please do not provide us with any personally identifying information
about yourself (such as your name, your email address or your phone number).
Gathering Personal Information
g8wave may gather some personal information specific to participating in promotional campaigns.
The information requested may include contact and demographic information. Information you supply is
voluntary and will relate to the relationship g8wave has with you or your
organization and will only be requested to the extent it is necessary to
provide the services you have requested. g8wave may gather broad demographic
information for aggregate use; provided, that such use is for internal purposes
of g8wave or its affiliates or partners only.
Using Personal Information
If you
do choose to give us personal information related to participating or not
participating in promotional campaigns we will let you know how it will be
used. For instance, we may use the data to make our services more relevant to
you or to notify you of information and offers you may be interested in. You
should know that when you sign-up or use any of our services we may use
information about who you are, where and when you respond to promotions, where
your wireless device is located, and how you use our network, or other
information as described in this Policy. g8wave or its affiliates or partners
may, from time to time, communicate with you regarding customer service or to
inform you of special offers that we believe you may be interested in. At that
time we will provide you with an opportunity to opt-out and not to receive
further information about that special offer, or other similar offers.
Sharing Personal Information
g8wave may share aggregated, non-personal, non-individual
information collectively with its marketing partners for research purposes
only. We will not share individual information regarding transactions or
participation in promotional programs with any third party. We will not sell or
disclose your personal information to third parties without your consent or as
otherwise provided in this Policy.
Consent
We reserve the right to disclose any
and all pertinent customer information to law enforcement or other government
officials, as we believe necessary or appropriate.
Security
To help prevent
unauthorized access or disclosure of visitors' information, maintain data
accuracy, and to help with the appropriate use of the information, g8wave has
put in place reasonable physical, electronic, and managerial procedures to
protect the information we collect from participation in our mobile promotions.
These procedures are designed to provide:
- Security of our service (e.g. firewalls, anti-virus software, etc).
- Protection of subscriber data that we maintain.
- Protection from fraudulently benefiting from the participation in promotions and contests.
- Protection from receiving unwanted messages.
Your Acceptance
By participating in our mobile promotions, you signify your
understanding and acceptance of this Privacy Statement. If we decide to change
our privacy policy, we will post those changes on this website so you are
always aware of what information we collect, how we use it, and under which
circumstances, if any, we disclose it. Your continued usage of our mobile
promotions following the posting of additions and/or changes to this Privacy
Statement means you accept those changes. If users have questions or concerns
regarding this statement please contact:
Legal Affairs
g8wave Inc.
126 Brookline Avenue, Suite 201
Boston, MA 02215
help@g8wave.com
ONLINE CONTENT
Opinions,
advice, statements, offers, or other information or content made available
through the Service are those of their respective authors and not of g8wave and
should not necessarily be relied upon. Such authors are solely responsible for
such content. g8wave does not guarantee the accuracy, completeness, or
usefulness of any information on the service and neither adopts nor endorses
nor is responsible for any loss or damage resulting from anyone's reliance on
information or other content posted on g8wave web sites or transmitted to
members of g8wave services. g8wave reserves the right, but has no obligation,
to monitor the materials posted on the Service web sites. g8wave shall have the
right to remove any such material that violates, or is alleged to violate, the
law or this Agreement. Notwithstanding this option of g8wave, you remain solely
responsible for the content of the materials you post on the Service. Messages
sent between you and other service name members will be treated as private by
g8wave in accordance with applicable law.
MODIFICATIONS TO SERVICE
g8wave
reserves the right to modify or discontinue, temporarily or permanently, the
Service with or without notice to you. You agree that g8wave shall not be
liable to you or any third party for any modification or discontinuance of the
Service.
NO RESALE OF SERVICE
You agree not to resell the Service or use of or
access to the Service.
TERMINATION
You agree that g8wave may, in its sole
discretion, terminate or suspend your access to all or part of the Service for
any reason, including, without limitation, breach of the Agreement or any
subsequent modifications, failure to timely pay membership fees if applicable
or attempted assignment of your account by you. You acknowledge and agree that
termination may be effected without prior notice, and acknowledge and agree
that g8wave may immediately delete files in your account and block you from any
further access. g8wave shall not be liable to you or any third party for the
termination of Service or any claims related to the termination of Service. Any
suspected fraudulent, abusive or illegal activity may be grounds for
termination of your account and may be referred to appropriate law enforcement
authorities. Should you object to any terms and conditions of the Agreement, or
any subsequent changes to the Agreement, or become dissatisfied with the
Service in any way, your only recourse is to immediately: (1) discontinue and
terminate your membership with the Service; and (2) notify g8wave of
termination by texting "STOP" back to the Service or canceling your membership
on the service name site when applicable. If you choose to pay subscription
fees or purchase credits for use on g8wave services, you do so with the
understanding that all transactions are non-refundable even upon termination of
your Agreement with us.
CONTEST AND PROMOTIONS
From time to time, we may offer
mobile contests, sweepstakes or other promotions. If you enter one of these
promotions, you'll have to provide information about yourself (such as your
name, address, telephone number and email address) so that we can contact you
if you win. We may share this information with any wholly or majority-owned
subsidiary of g8wave. and any co-sponsor of the promotion (we will identify any
co-sponsor in the official rules for the promotion). If you don't want us to
collect the information requested in the registration form or to provide it to
any wholly or majority-owned subsidiary of g8wave or contest co-sponsors,
please do not enter the contest or sweepstakes.
ADVERTISERS, VENDORS, AND THIRD PARTIES
Your correspondence, transactions or other dealings with advertisers,
g8wave partners, mall vendors, or other third parties available on or linked
through our service, including but not limited to payment and delivery of
related goods or services, and other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser, partner, vendor or other third party. g8wave does not endorse and
is not responsible or liable for any content, advertising, products, or other
materials on or available from such parties or resources. You agree not to hold
g8wave liable for any loss or damage incurred as the result of your
participation with the advertisers, partners, vendors, or other third parties
available on or through the Service, or as the result of any dealings with such
parties, including but not limited to attendance at events advertised or
purchase or use of goods or services offered on or through the site. You
acknowledge and agree that content, including but not limited to text,
software, music, sound, photographs, graphics, video, or other material
contained in sponsor advertisements or information presented to you by g8wave,
its partners, or advertisers, is protected by copyrights, trademarks, service
marks, patents, or other proprietary rights and laws. By posting information,
or other content to any area accessible to the public or service name's general
membership, you automatically grant, and you represent and warrant that you
have the right to grant, to g8wave an irrevocable, perpetual, non-exclusive,
fully-paid, worldwide license to use, copy, perform, display, and distribute
such information and content and to prepare derivative works of, or incorporate
into other works, such information and content, and to grant and authorize
sublicenses of the foregoing.
DISCLAIMER OF WARRANTIES
The Service and the
materials available on or through the Service are without warranties or
conditions of any kind either expressed or implied. To the fullest extent
permissible under applicable law, g8wave disclaims all warranties and
conditions, expressed or implied, including, but not limited to, implied
warranties and conditions of merchantability, merchant quality, correspondence
to description and fitness for a particular purpose. g8wave does not represent
or warrant that the Service will be uninterrupted or error-free, that defects
will be corrected, or that this site or the server that makes it available, are
free of viruses or other harmful components. g8wave does not represent or
warrant that the materials or the results of the use of the materials available
through the Service or from third parties will be correct, accurate, timely,
reliable, or otherwise.
LIMITS OF LIABILITY
To the fullest extent permissible
under applicable law, g8wave shall not be liable under any circumstances,
including but not limited to negligence, for any direct, indirect, incidental,
special or consequential damages that result from the use of or the inability
to use the Service, any changes to the Service, unauthorized access to or
alteration of your transmissions or data, any material or data sent or received
or not sent or received, or any transactions entered into through the Service.
You specifically agree that g8wave is not responsible or liable for any
threatening, defamatory, obscene, offensive or illegal content or conduct of
any other party or any infringement of another's rights, including intellectual
property rights. If you are dissatisfied with the Service, the materials
available on or through the Service, or with any of g8wave's Terms of Service,
your sole and exclusive remedy is to discontinue using the Service. You agree
to indemnify and hold g8wave and each of its stand-alone services, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim,
demand, or damage, including reasonable attorney's fees, asserted by any third
party due to or arising from the content you transmit to or through, as well as
your conduct on or arising from the use of, the Service.
COMMUNICATION
Any
communication to g8wave shall be made via text, email or regular mail. g8wave
may communicate changes to the Agreement or other matters by displaying notices
to members generally on the Service, or via text, email or regular mail.
GENERAL
The Agreement and the relationship between you and g8wave shall be
governed by the laws of the Commonwealth of Massachusetts without regard to its
conflict of law provisions. You and g8wave agree to submit to the personal and
exclusive jurisdiction of the Commonwealth of Massachusetts for Suffolk County.
g8wave's failure to exercise or enforce any right or provision of the Agreement
shall not constitute a waiver of such right or provision. If any provision of
the Agreement is found by a court to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Agreement remain in
full force and effect. 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 this Agreement must be filed within one (1) year after such claim or
cause of action arose or be forever barred. These Terms of Service and Privacy
Policy are subject to change by g8wave at any time, effective upon posting. We
encourage you to review them often.
© g8wave, Inc. 2006 - All Rights Reserved