1. Introduction
Welcome to the Internet sites operated by subsidiaries and affiliates of AT&T Inc. (“AT&T”, “we”, “our” and “us”). These Internet sites offer a wide variety of resources, products and services, which include shopping services, branded and personalized content and entertainment services, communication tools, online directories, administrative services, download areas, advertising, games and information, some or all of which may be accessed through a variety of means (all of which are collectively called our “Site” or “Sites”). The term “you” or “your” includes any of your subsidiaries, affiliates, employees and parent or legal guardian.
PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or using our Site in any way you are agreeing to comply with these Terms of Use, including any documents, policies and guidelines incorporated by reference (referred to collectively as the “Terms”). Certain services available through our Site, especially services for which you are asked to subscribe or pay money, may have their own terms and conditions that apply to your purchase or use of that particular service. The Terms do not alter in any way the terms or conditions of any of these other written or online terms and conditions or agreements you may have or will have with AT&T, including any other website terms of use with an AT&T affiliate. To the extent that there is any conflict between these Terms and any terms and conditions or agreements relating to services you have purchased or online tools you use or to which you subscribe, those other terms and conditions or agreements will govern.
2. Authority
By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Sites with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site. AT&T suggests that you take advantage of any access controls offered through the Site or third-party sites, which are designed to assist you in limiting or blocking access to certain types of web content you may feel are harmful to or inappropriate for minors.
3. Changes to the Terms of the Site
AT&T may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Site. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. AT&T reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that AT&T shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).
4. Registration, Password, & Security
Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, AT&T may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).
If any portion of our Site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify AT&T of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which AT&T may otherwise have, AT&T reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, AT&T may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall AT&T be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of AT&T under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time, without the permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that AT&T makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.
5. Privacy Policy
Please view our Privacy Policy, which explains AT&T´s practices relating to the collection and use of your information through or in connection with our Site. AT&T´s use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Site you consent to the collection and use of this information (as set forth in the Privacy Policy).
6. Copyright and Authorization
The Sites provide you access to a wide variety of information, shopping, communications, entertainment, games, advertising and other services, products, data and materials (“Content”). Some of the Content is owned by AT&T Intellectual Property II., L.P. d/b/a AT&T Intellectual Property and/or its affiliates. Other portions are owned by non-AT&T companies or third parties such as suppliers, vendors, and licensors (including Content that is generated by users as further described in Section 11).
Some portions of the site may require you to download software (“Software”) in order that you may access the Site, the services provided through the Site and/or the Content. The Software may be the property of AT&T or a supplier, vendor, or licensor to AT&T. The Content and Software are protected by a variety of laws governing the use of copyrights, trademarks, patents, or trade secrets. Subject to the rules and limitations set forth in the Terms, you are granted a limited, non-sublicensable right to access the Sites, the Content and the Software for your personal non-commercial use only, except as otherwise permitted. Without limiting the generality of the foregoing, no Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into Cuba, North Korea, Iran, Sudan, Syria or any other country for which the U.S. maintains an embargo on such exports, or (b) to a person or entity identified on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities) or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such exports. By downloading or using the Software or underlying information or technology, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
7. Copyright Complaints
AT&T respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Sites in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing AT&T´s Copyright Agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A specific description of where the material that you claim is infringing is located on the Sites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
AT&T´s Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows:
Manager of Security & Copyright Infringement 1800 Perimeter Park Drive, Suite 100 Morrisville, NC 27560 Phone: (919) 319-5737 Fax: (919) 319-8154 E-mail: copyright@att.com
For more information about AT&T´s copyright protection practices under the DMCA and for information on how to contact AT&T´s DMCA agent, please refer to www.att.net/legal/copyright.
8. Trademarks and Service Marks
Trademarks (including but not limited to AT&T and the Globe Logo) that are used or displayed on the Sites are owned by AT&T Intellectual Property or by third parties other than AT&T that offer and provide products and services on or through the Sites. The trademarks of AT&T Intellectual Property may not be copied or used, in whole, partial or modified form, without the prior written permission of AT&T Intellectual Property or, if applicable, its licensor. In addition, AT&T custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of AT&T Intellectual Property. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AT&T. You may not use any meta tags or any other “hidden text” utilizing an AT&T name, trademark, or product name without AT&T´s express written consent. The BLUETOOTH® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by AT&T is under license. Other trademarks and trade names are those of their respective owners.
9. Third-Party Products and Services
Parties other than AT&T may offer and provide products and services on or through the Sites. Except for AT&T branded information, products or services that are identified as being supplied by AT&T, AT&T does not operate, control, or endorse any information, products, or services on the Sites or accessible through the Sites in any way. AT&T is not responsible for examining or evaluating, and AT&T does not warrant the offerings of, any of these businesses or individuals or the content of their websites. AT&T does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
The Sites may contain links to other websites not operated by AT&T. The links are provided for your convenience. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by AT&T of those websites or the contents therein. We are not responsible for the contents, links or privacy of any linked website. Access to any other websites linked to the Sites is at your own risk. When leaving the Site, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website.
10. Product and Service Information
AT&T does not warrant that information, graphic depictions, product and service descriptions or other content of the Sites is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a price for a product or service offered on the Site may be inaccurate or the product or service description may contain an inaccuracy. In the event AT&T determines that a product or service contains an inaccurate price or description, AT&T reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless prohibited by law. AT&T may make improvements or changes to any of its content, information products, services, or programs described on the Sites at any time without notice. You agree to notify AT&T immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Sites and comply with any corrective action taken by AT&T.
11. Online Orders
In order to protect AT&T and its customers from fraudulent activity, we may implement reasonable procedures regarding any online orders including but not limited to validating information provided or limiting the amount of equipment (e.g. wireless phones) and/or services that may be ordered online by a single individual or entity. AT&T reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.
12. User Submitted Content
Our Site may have “publicly accessible areas” such as message boards, forums, member profiles, yellow pages, job folders or other features that allow users to post Content that will be accessible by the public or the user population generally. With respect to any message, data, image, text, photos, graphics, audio, video or other material you elect to post to such publicly accessible areas of our Site, while you retain any and all of your lawfully owned rights in such Content, you grant AT&T a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content which you provide (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of our Site to access, display, view, store, distribute, perform, reproduce and prepare derivative works of, such Content that you have placed in publicly accessible areas of our Site. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your Content. AT&T is under no obligation to post or use any Content you may provide and AT&T may remove your Content at any time in its sole discretion. You agree that AT&T is not under any obligation of confidentiality, express or implied, with respect to your Content. You represent and warrant that you own or otherwise control all necessary rights to the Content that you post, that such Content is accurate, that use of the Content you supply does not violate these Terms, specifically including without limitation the requirements of Section 14 (Acceptable Use), and will not cause injury to any person or entity, and that you will indemnify AT&T for all claims resulting from the Content you supply.
AT&T does not generally pre-screen or control Content posted by users of our Site, and, therefore, does not guarantee the accuracy, integrity or quality of such Content. AT&T shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any Content that is available via our Site for any or no reason, including that any Content violates these Terms or is otherwise objectionable. We take no responsibility and assume no liability for any Content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As the provider of the Sites, we are only a forum and are not liable for any statements, representations, or Content provided by Site users. Any opinions, advice or recommendations expressed therein are those of the users providing such Content and not those of AT&T. We do not endorse any Content or any opinion, recommendation or advice expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Site is used to disseminate statements that are harmful or inflammatory.
13. Submissions to AT&T
You agree not to propose, post or submit to AT&T ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as “Submitted Material “) through the Site. In the event you do so, you hereby grant to AT&T a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to AT&T the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that AT&T is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against AT&T for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to AT&T, including the posting of materials to any forum or interactive area on the Sites, irrevocably waives any and all “moral rights” in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.
14. Acceptable Use
You agree to use our Site and the Content (whether provided by us or others), as well as any Software provided in connection with the Site, in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Site, related Software, or Content, nor will you use our Site or related Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Content or use our Site in any manner that:
- is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
- infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights;
- removes any proprietary notices or labels on the Content;
- advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
- is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
- specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
- constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
- interferes with others using the Sites;
- is off-topic according to the description of the group, forum or webpage;
- contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
- contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
- disrupts, interferes or inhibits any other user from enjoying the Sites or other affiliated or linked websites, material, contents, products and/or services.
- uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;
- creates a false identity for the purpose of misleading others;
- prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
- uses any AT&T domain name as a pseudonymous return email address;
- contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);
- provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Sites;
- reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Sites or Content, use of the Sites, or access to the Sites;
- publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
- systematically collects and uses any Content including the use of any data mining, or similar data gathering and extraction methods;
- makes derivative uses of the Sites or the Content;
- uses, frames, or utilizes framing techniques to enclose any portion of the Sites (including the images found at the Sites or any text or the layout/design of any page or form contained on a page); and/or
- modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our Site. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Site’s underlying technology.
Unless you are participating in an area of the Site that requires or encourages anonymity, we encourage you to use your real name.
15. Site Security
Violating the security of our Site is prohibited and may result in criminal and civil liability. AT&T may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
16. Geographical Restrictions
Unless expressly and specifically stated otherwise on the Site, AT&T provides this Site for use only by persons located within the United States. Certain subsidiaries or affiliates of AT&T only provide certain regulated telecommunications and other services in certain portions of the United States. AT&T makes no representation that all products, services and/or material described on the Site are appropriate or available for use in locations outside the United States or all territories within the United States. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with local laws. Certain companies affiliated with AT&T provide services and operate websites in various other countries throughout the world, some of which websites may be linked to from our Site. Any such International websites will be governed by their own terms of use and privacy policies and not by these Terms.
17. General Practice Regarding Use and Storage
You acknowledge that AT&T may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Site, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum size of any email message that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on AT&T´s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. Your use of this Site constitutes your consent to allow AT&T to store electronic communications on its servers. You agree that AT&T has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site. You acknowledge that AT&T reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that AT&T reserves the right to modify these general practices and limits from time to time.
18. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF OUR SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH THE SITES AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AT&T AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
- AT&T AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE OR OUR SOFTWARE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
19. Enforcement
AT&T reserves the right but does not assume the obligation to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to the Sites and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.
AT&T may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on AT&T´s reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of AT&T´s services, the Site and other persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD- PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
20. Limitation of Liability
IN NO EVENT SHALL AT&T, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF AT&T OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AT&T UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
21. Indemnification
You agree to indemnify, defend and hold harmless AT&T and its underlying content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third-party due to or arising out of Submitted Material or any other content you submit, post or upload to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with AT&T or your use of our Site. AT&T reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with AT&T in asserting any available defenses.
22. Termination/Suspension
You agree that AT&T may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Sites or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Sites (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if AT&T elects instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the Sites, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Sites. You agree that all terminations and suspensions for cause shall be made in AT&T´s sole discretion and that AT&T shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Sites. Further, AT&T reserves the right, to immediately terminate or suspend your account, any associated email address, and access to the Sites at any time for any reason and without notice to you in its sole discretion.
23. Miscellaneous
AT&T´s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of Texas applicable to agreements made and to be performed in Texas. You agree that any legal action or proceeding between AT&T and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. AT&T may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of AT&T. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our Site within one year after it arises.
24. Site Use Policy
Introduction
Welcome to the Business Circle brought to you by AT&T (Business Circle) operated by subsidiaries and affiliates of AT&T Inc. (“AT&T,” “we,” “our” and “us”). AT&T provides this community as a courtesy to its users and customers to help them exchange ideas, tips, information, and techniques related to our products and services. The community is here for the benefit of all visitors. These usage guidelines (“Guidelines”) apply to your use of all AT&T community spaces made available on att.com (the “Business Circle”). The term “you” or “your” includes any of your subsidiaries, affiliates, employees, and parents or legal guardians. Like any online community, the Business Circle is most valuable when everyone obeys certain basic guidelines and rules for online behavior. These Guidelines are presented here to highlight what is expected of you and what you can expect from other participants when using the Business Circle. Your usage is also subject to the AT&T Website Terms of Use (“Terms of Use”), which provide the terms that govern your use of the att.com website. The Terms of Use can be found at http://www.wireless.att.com/legal. By accessing, registering, and using the Business Circle you agree to follow these Guidelines and the Terms of Use. These Guidelines and the Terms of Use collectively form the “Agreement.” In case of discrepancy between these Guidelines and the Terms of Use, the Terms of Use will govern.
Account Registration
To comment on stories, access gated content, or subscribes to receive community updates via email within the Business Circle, you will be required to register and create a member account (“account”). To become a member, you must be 18 years of age or older. By using the Business Circle you are representing that you are 18 years or older and of legal competence to enter into a binding agreement with AT&T and are not otherwise prohibited from using the Business Circle pursuant to the laws of the local or national jurisdiction from which you are accessing or using the site. Information gathered through the registration process and information related to your account will be subject to these guidelines as well as AT&T’s Privacy Policy. You represent and warrant that you will not create an account for anyone other than yourself without permission, that all information provided by you when creating an account is true, accurate and complete, and that you will maintain, at all times, true, accurate, and complete information related to your account. Information related to your account should be maintained by you in a confidential manner. It is your responsibility to advise us if you are aware of any unauthorized access to your account or if your account information has been made available by you to third parties in a manner that may result in unauthorized usage of the account.
We are Here to Help
If you are new to the Business Circle and are unsure about anything, the moderators, administrators, and other participants are always happy to help. The Business Circle is monitored by our “Community Manager” (who may also be referred to on the site as “Social Media Manager”), who is identified by the role displayed next to the user’s name. Please be respectful and follow the direction given by any of them.
Keep it Relevant and Appropriate
For everyone’s benefit, please stay on topic. The Business Circle is provided to encourage knowledge sharing and thought leadership around products and services that are relevant to AT&T Business Solutions. Please refrain from discussing personal matters, or in general, from posting content in a manner unrelated to Thought Leadership around products and services that are relevant to AT&T ABS. Other inappropriate or unacceptable behavior includes: a) discussing how to violate any policy or agreement entered into with AT&T for any product or service b) posting content that is created solely to “bump” an existing topic or to evade the word filter or site logic c) double-posting or cross-posting, and d) discussing participant bans or other Community Manager actions. The Business Circle is not a venue for discussion of legal matters. Therefore, no such discussions are permitted. We reserve the right to delete inappropriate material.
Keep it Courteous
Do your part to ensure everyone has a positive experience when participating on the Business Circle. Always be mindful of your posts and activity when participating. Specifically, please refrain from posting anything unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable or injurious to third parties. Your opinions are always welcome. However, neither personal attacks nor harassment are acceptable and will not be tolerated. This includes “flaming” others via posts, replies, or through private messages. Any use of the Business Circle that in AT&T’s sole opinion does not conform with these Guidelines or the Terms of Use is unacceptable and subject to removal. In addition, AT&T reserves the right to terminate your member account under such circumstances.
Keep it Spam Free
The Business Circle is provided as a convenience to AT&T customers and users and is not to be used by readers for the promotion of third party services, products, websites, or organizations. Please refrain from posting content that would constitute advertising, junk mail, spam, chain letters, or any other form of unauthorized solicitation.
Keep it Legal
You may not post any material (i) that would infringe on any patent, trademark, trade secret, copyright, or other proprietary rights of any person (ii) that contains software viruses or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware (iii) that is deemed to be illegal by any local, state, federal, or international law, rule or regulation, or (iv) that is not in strict compliance with these Guidelines or the Terms of Use.
Be Careful
Most people are happy to assist others within the Business Circle. Please remember that their advice is theirs only and that you are responsible for deciding whether or not to follow it. If the advice given by a user sounds wrong to you, do not follow it. Use common sense when providing or receiving assistance from other Business Circle participants. Never post personally identifiable information on the Business Circle. This includes your personal information as well as anyone else’s personal information. Personally identifiable information includes but is not limited to – name, physical and/or email address, age, phone number, or credit card information. Furthermore, if any user asks you for personal information, e.g., an account number, address, password, or credit card number, do not provide it. Lastly, use common sense. Evaluate for yourself whether the advice provided or the request made makes sense to you.
Employee Participation
Employees of AT&T or companies that do business with AT&T may only participate in the Business Circle in a personal capacity and not as representatives of AT&T or their respective employers. Employees of AT&T are subject to the AT&T Code of Business Conduct, the AT&T Social Media Standards and Procedures, and all other AT&T policies governing their use of internal and external websites.
Removal of Content and Limitation of User Access
AT&T does not generally edit or monitor content posted by participants in the Business Circle. However, AT&T retains the right, at its sole discretion, to limit users’ access to the Business Circle and to remove material that, in AT&T’s sole judgment, does not comply with the current Guidelines, the Terms of Use, or that is otherwise inappropriate, considered harmful, objectionable, or inaccurate. AT&T is not responsible for any failure or delay in removing such material. Moderators may take any action they deem necessary to support the Guidelines or the Terms of Use. The Community Manager may take any action, including editing or deleting material, as well as banning individual users whose behavior detracts from the experience of other users or the purpose of the Business Circle. If you encounter another user who is violating any of these Terms, please report this activity to the community administrator, or notify us via email at mb464w@att.com. Please note that while AT&T has no obligation to delete content that you find personally objectionable or offensive, we will do our best to address any problems that may arise.
Disclaimer of Warranties and Limitation of Liability
Business Circle participants like you provide most of the comments in the Business Circle stories. Such third-party content is the sole responsibility of the person posting the content. AT&T does not control or endorse such content and is not responsible for this third-party content. AT&T DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT ON INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT THAT APPEARS IN THE BUSINESS CIRCLE STORY COMMENTS, REGARDLESS OF WHO ORIGINATES THAT CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THE CONTENT. AT&T WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT WITHIN THE BUSINESS CIRCLE STORY COMMENTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. This disclaimer and limitation on liability is in addition to the disclaimers and limitations contained in the Terms of Use that apply to all use of AT&T’s websites, and which can be found at http://www.wireless.att.com/legal. In case of discrepancy between these Guidelines and the Terms of Use, or with AT&T’s Privacy Policy, the Terms of Use and the Privacy Policy will govern.
Changes to these Guidelines
We may periodically modify and supplement these Guidelines. You are responsible for regularly checking the Guidelines for revisions. All amended terms become effective upon our posting, and any use of the Business Circle after such revisions have been posted signifies your consent and agreement to the modified Guidelines.
LinkedIn Terms:
When you sign-in with your LinkedIn login, you will share your profile information and email address with AT&T. Your email address, avatar image, first name and last initial will be used for commenting on the site. We won’t share your information with anyone else. We will only use your email address to confirm receipt of submissions.
Circle Solutions
The AT&T Business Circle community has many “publicly accessible areas” and features that allow users to submit Content that will be published on our sites and freely accessible by the public (see section on User Submitted Content above). Significant among these publicly accessible areas is the “Circle Solutions” feature, which allows any registered user to submit Content for publication on AT&T sites.
By submitting any Circle Solutions Content, you agree to the following conditions, as well as all other acceptable terms of use for User Submitted Content covered in Sections 12 through 14.
- We claim no ownership over any Content that you submit to the Website. You retain all intellectual property rights to the Content you submit, in accordance with applicable law.
- While you retain all of your lawfully owned rights to any Content you submit, you grant AT&T the right and license to use, modify and distribute any such Content which you provide worldwide, in accordance with these Terms and Conditions.
- By submitting Content, you represent that you have the rights to reproduce that Content (and the right to allow us to serve such Content) without violation of the rights of any third party. You agree that you will bear any liability resulting from the submitting of any Content that you do not have the rights to submit.
- You also agree to not submit any of the following types of Content:
- Threatening, harassing, defamatory, or libelous material.
- False or misleading statements.
- Obscenity, pornography, or profanity
- Gratuitous promotion of any product or service.
- Plagiarized material or material that infringes copyright.
- Information that is confidential, sensitive or otherwise in breach of the law.
- Any Content you submit is subject to a thorough review by AT&T or its representatives. AT&T has the right but not the obligation, in our sole discretion, to deny publication, remove or refuse to remove any Content you submit to our sites. You also agree that we may, without limitation, take any steps necessary to edit, alter, remove, hide, or change the display of Content, at our sole discretion.
- If any Content you have submitted violates our Terms and Conditions, you agree that we may change it at our sole discretion, or call upon you to change or remove the Content, within a reasonable time frame, as defined by us. If you do not follow this directive, we may terminate your account.
- You permit any user of our Site to access and distribute Content that you have submitted to Circle Solutions. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your Content.
- AT&T does not guarantee the accuracy, integrity, or quality of Circle Solutions Content. As the provider of the Sites, we are only a forum and are not liable for any statements, representations, or Content provided by Site users. We take no responsibility and assume no liability for any Content submitted or accessed by you or any third party, or for any breach of these Terms and Conditions.
- AT&T does not endorse any Content or any opinion, recommendation or advice expressed in Circle Solutions submissions. It is not our intent to persuade or discourage you from taking controversial positions or expressing unpopular views. However, we reserve the right to take action at our sole discretion in cases where Content is determined to be inappropriate.
- In general, all Content submitted to Circle Solutions is the responsibility of the owner. AT&T will not accept any legal responsibility for any material submitted to Circle Solutions. By submitting Content, you accept all liability under the confines of international and local law and agree that we may submit any necessary information to the proper authorities.
Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
- ELIGIBILITY: The Sweepstakes is open only to U.S. citizens and U.S. resident aliens who are physically located in and legal residents of the 50 United States including the District of Columbia, ages 18 (19 in Alabama and Nebraska, and 21 in Mississippi) or older at the date of entry. Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Administrator, and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies are not eligible to participate in the Sweepstakes. Immediate Family and Household Members of such individuals are also not eligible to enter or win. For purposes of the Sweepstakes, “Household Members” shall mean those people who share the same residence at least three months a year and “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void in Puerto Rico and where prohibited by law.
- SPONSOR: The Sponsor of this Sweepstakes is AT&T Mobility LLC, 1025 Lenox Park Blvd NE, Atlanta, GA, 30319 (“Sponsor”).
- AGREEMENT TO OFFICIAL RULES: By participating in the Sweepstakes, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, including without limitation, its interpretation of these Official Rules, which are final and binding in all matters related to the Sweepstakes. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.
- SWEEPSTAKES PERIOD: The Sweepstakes begins on September 1, 2015 at 6:00 A.M. ET and ends on December 30, 2015 at 6:00 P.M. ET (“Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
- HOW TO ENTER: Eligible entrants (“Entrant(s)”) may participate in the Sweepstakes by visiting the Sweepstakes page located at https://bizcircle.att.com/sweepstakes (the “Website”) and following the instructions to fully complete and submit the entry form by providing your name, and valid email address, and password to register for a free AT&T Business Circle account during the Sweepstakes Period (an “Entry”). Limit: One Entry per person during the entire Sweepstakes. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder of the email account used to submit the Entry.Sponsor is not responsible for lost, interrupted or unavailable network server or other connection; miscommunications; failed Website, phone or computer or telephone transmissions; technical failure, including without limitation, any failures or unavailability of the Website; jumbled, scrambled or misdirected transmissions; late, lost, incomplete, delayed, or misdirected Entries; or other error of any kind whether human, mechanical, or electronic. False or deceptive acts or Entries, or Entries generated by script, macro or other automated means will be void, will render a participant ineligible, and also may result in participant no longer being allowed to enter Sponsor’s Sweepstakes, sweepstakes or other promotions in the future, at Sponsor’s sole discretion. All Entries submitted will not be acknowledged or returned. Entrant must provide all information requested. Incomplete, unreadable or unintelligible submissions will be disqualified. All information submitted by entrants is subject to and will be treated in a manner consistent with AT&T’s Privacy Policy accessible at http://www.att.com/privacy. By participating in this Sweepstakes, entrants hereby agree to AT&T’s collection and usage of their personal information and acknowledge that they have read and accepted AT&T’s Privacy Policy. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor’s decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally.
- WINNER SELECTION: Four (4) Sweepstakes winners will be selected from four (4) random drawings of all eligible Entries received during the Sweepstakes Period. Drawings will be conducted on or around the business day following the close of the applicable Entry Period per the schedule below. Sponsor’s decisions as to the administration and operation of the Sweepstakes and selection of potential Sweepstakes winners are final and binding in all matters related to the Sweepstakes. Non-winning Entries will be roll over and will be included in drawings for subsequent Entry Periods (as defined below) of the Sweepstakes Period per the schedule below:
Entry Period Start Date(at 6:00 a.m. ET)End/Entried Received by(at 6:00 p.m. ET)1 September 1, 2015 September 30, 2015 2 October 1, 2015 October 31, 2015 3 November 1, 2015 November 30, 2015 4 December 1, 2015 December 30, 2015 - WINNER REQUIREMENTS: Potential winners will be notified through email and must respond to the potential winner notification within 10 days or prize will be forfeited. Each potential winner will be required to prove eligibility, including, without limitation, proof of age, residence, identity and proof of being the authorized account holder of the email account associated with the winning Entry. A potential winner (or any alternate potential winner if one must be selected) is not official and will not be confirmed as a winner until he/she has completed, signed and returned any documentation which may be required by Sponsor, including, but not limited to, a notarized Affidavit of Eligibility, release of liability, (except where prohibited) publicity release form, and a completed IRS W-9 form (the “Sweepstakes Documents”) within the timeline specified by Sponsor, and the eligibility of the potential winner has been verified. All potential winners must comply with all terms and conditions of these Official Rules; and winning is contingent upon fulfilling all requirements. If any or all of the Sweepstakes Documents or prize notification(s) are not returned within the time period by Sponsor, or if any or all of the Sweepstakes Documents or prize notification(s)are returned as undeliverable, if the potential winner is otherwise found to be ineligible, or if a potential winner cannot accept the prize for any reason, then the potential winner will automatically forfeit the prize and, at the Sponsor’s sole discretion and time permitting, an alternate winner may be determined. When the Sweepstakes Documents are properly executed, and entrant is otherwise in compliance with the Official Rules, the winning entrant will be determined to be a confirmed Sweepstakes winner. Sponsor expressly reserves the right to delay the announcement of the winners for any reason it deems necessary. In addition, Sponsor reserves the right to select an alternate winner in the event that any potential winner fails to comply with these Official Rules. In the event that a potential Sweepstakes prize winner forfeits a prize or is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all eligible Entries received. Only three (3) alternate drawings will be held after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify winner’s agreement and consent that Sponsor may use the winner’s name, image, city, state, likeness, social media handle(s) and/or prize information in connection with the Sweepstakes, worldwide, in perpetuity, in any and all media now known or hereafter devised, without limitation and without further payment or consideration, except where prohibited by law.
- PRIZES: Four (4) Grand Prizes: Microsoft Surface 3 Tablet. Approximate retail value (“ARV”) of each prize: $599.99. Total ARV of all prizes combined: $2,399.96. Prizes awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Any and all warranties and/or guarantees (if any) shall be subject to the manufacturers’ terms therefore (winners agree to look solely to such manufacturer(s) for any such warranty(s) and/or guarantee(s), if any). Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Exact color and style of Microsoft Surface 3 Tablet to be determined by Sponsor in its sole discretion. Limit one prize per person. All federal, state and local taxes and any other costs and expenses associated with acceptance and/or use of the prizes not specifically provided for in these Official Rules are solely the winner’s responsibility. Prizes will be fulfilled on or about March 1, 2016.
- GENERAL CONDITIONS/INDEMNIFICATION: By participating in this Sweepstakes and/or by accepting any Sweepstakes prizes that you may be awarded, you agree that Sponsor and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) shall not be liable for any and all actions, claims, including any third party claims, injury, loss or damage arising in any manner, directly or indirectly, arising from or relating to this Sweepstakes, including entry and participation in this Sweepstakes, or the acceptance, possession, use or misuse of any prize. By participating in the Sweepstakes and/or accepting any prize that you may be awarded, you agree to fully indemnify each Released Party from any and all such claims by third parties without limitation. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible Entries, communications or submissions, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of Entry or other materials; (iv) any injuries, losses or damages of any kind caused by your participation in this Sweepstakes or resulting from acceptance, possession or use of a prize; (v) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. Released Parties disclaim any liability for damage to any phone or other electronic device resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. If, for any reason, Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, inability to access the Website, computer or phone problems, unauthorized intervention, fraud, technical failures or any other causes beyond the reasonable control of Sponsor, which, in Sponsor’s sole determination, corrupts, or affects the administration, fairness, integrity, security or proper play of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes or these Official Rules, in whole or in part, or any part of the Sweepstakes. Released Parties are not responsible if Sweepstakes cannot take place, or if any prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Released Parties. Sponsor reserves the right to modify and amend these Official Rules from time to time during Sweepstakes for clarification purposes. Sponsor may prohibit you from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives.The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in the Sweepstakes–related materials, privacy policy or terms of use on a website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHALL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY PARTICIPATING, YOU AGREE THAT ANY DISPUTES CONCERNING THIS SWEEPSTAKES SHALL BE RESOLVED IN THE FEDERAL OR STATE COURTS OF GEORGIA, WHICH HAVE EXCLUSIVE JURISDICTION. THE LAWS OF THE STATE OF TEXAS, EXCLUDING ITS CHOICE OF LAWS, SHALL GOVERN ANY DISPUTE.
- BINDING ARBITRATION: EXCEPT WHERE PROHIBITED BY LAW, ENTRANT AGREES THAT: (I) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY — WITHOUT RESORT TO ANY FORM OF CLASS ACTION — BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “AAA RULES”) THEN IN EFFECT; (III) ANY ARBITRATION SHALL BE HEARD BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH THE AAA RULES, IN DALLAS, TX; (IV) UNLESS BOTH ENTRANT AND AT&T AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING; (V) JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF; (VI) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE SUBJECT TO ALL LIMITATIONS AND RELEASES SET FORTH IN THESE OFFICIAL RULES AND LIMITED TO ACTUAL OUT-OF-POCKET DAMAGES, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ATTORNEYS’ FEES OR COSTS OF BRINGING A CLAIM, ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- GOVERNING LAW: All federal, state and local laws and regulations apply. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with Texas law without giving effect to any choice of law or conflict of laws.
- FOR WINNERS LIST, send a self-addressed stamped return envelope to: AT&T Business Circle Sweepstakes Winners List Request, 208 S. Akard, 15th FL. Dallas 75208 attn: Business Marketing Associate RL847B. All requests for a Winners List must be made by February 28, 2016.
Voting Terms and Conditions
Visit bizcircle.att.com (the “Site”) and select and vote for your favorite Real Story Video entry by clicking “Vote Now” under the entry you wish to vote for and following the instructions to submit a vote (each a “Vote”) between 12:00 P.M. ET on November 9, 2015 and 12:00 P.M. ET on November 24, 2015 (the “Voting Period”) subject to the terms and conditions herein. Limit one (1) vote per person per day during the Voting Period. Votes must be entered manually. The act of obtaining votes by any fraudulent or inappropriate means, including, without limitation, paying for votes, offering sweepstakes/contest entries, awards or other inducements or any kind of consideration to persons in exchange for votes, or as determined by Sponsor in its sole discretion, is prohibited. Votes generated by script, macro or other automated means or which subvert or impair the integrity of the voting process, as determined by Sponsor in its sole discretion, will be void. Any attempt by video creator and/or his/her family/friends or any other individual to vote using any fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to void the votes in question and/or disqualify the applicable video in its sole discretion. Voting must be completed by the actual person casting the vote. A person may not vote on behalf of another person. Multiple votes by one person/email address will be disqualified. Voters must follow instructions on Site to submit their votes. AT&T Mobility, LLC (“Sponsor”) and its respective parent, subsidiaries and affiliated companies, distributors, advertising, and fulfillment agencies involved in the administration, development, fulfillment and execution of this Promotion (collectively, “Promotion Parties”) are not responsible for incorrect/inaccurate voting information. Promotion Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes. Promotion Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any vote to be cast or tabulated on account of technical problems, human error or traffic congestion on the Internet or at a website, or any combination thereof or for any other reason, or for any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in voting process or downloading any materials. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE VOTING PROCESS OR THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, in its sole discretion, to modify, terminate, or suspend the voting or void any vote should a virus, bug, non-authorized human intervention, action of video creator or voter, or other cause corrupt or impair the administration, security, or fairness of the voting. Sponsor reserves the right, in its sole discretion, to disqualify any individual they find to be violating these terms, tampering with the voting process, or acting in an unsportsmanlike or improper manner and void all associated votes. If the voting process is terminated early by Sponsor, Sponsor reserves the right to count the eligible votes among all non-suspect, eligible votes received up to time of cancellation. The decision of the Sponsor with respect to the tallying of votes, and the invalidation or disqualification of any suspected votes, shall be in its sole discretion and final and binding.