AT&T Away We Happened App Terms of Use

Effective: August 2012 AT&T AWAY WE HAPPENED APP TERMS OF USE

1. INTRODUCTION

Welcome to the Away We Happened application (“App”) operated by subsidiaries and affiliates of AT&T Services, Inc. ("AT&T", "we", "our" and "us"). The App is an entertainment service that permits you to watch, to interact with the Away We Happened drama series and events, and to submit your idea for what happens next in the Away We Happened drama series, comments, social posts, text messages, or questions to the talent through any media now known or developed in the future, (“Message”) to be possibly used in the story line of the next video in the series or for other means. Submitted Messages may be posted on the App Facebook page with the requestor’s name and profile picture. Some of them, depending on the time period, may then be voted on by the general public and AT&T will determine which one of the top five Messages will be used in the following video’s story line, from May 21-June 26, 2012. Message submission periods are as follows (all times PST):
  1. Period 1: Begins May 21, 2012 once Episode 1 is posted, ends May 23, 2012 at 9:00 p.m.
  2. Period 2: Begins May 28, 2012 once Episode 2 is posted, ends May 30, 2012 at 9:00 p.m.
  3. Period 3: Begins June 4, 2012 once Episode 3 is posted, ends June 6, 2012 at 9:00 p.m.
  4. Period 4: Begins June 11, 2012 once Episode 4 is posted, ends June 13, 2012 at 9:00 p.m.
  5. Period 5: Begins June 18, 2012 once Episode 5 is posted, ends June 20, 2012 at 9:00 p.m.
All times are in Pacific Standard Time. The database clock of the Facebook Website will be the official time keeper for Message submissions.

AT&T will monitor all Messages for profanities, inappropriate content and compliance with these Terms. AT&T will determine, in its sole discretion, which Messages will be posted and/or used.

You may choose to be notified about the submission of your Message via Facebook, Twitter or Tumblr. If you choose Facebook, Twitter or Tumblr, the App will post on your wall that you participated in the campaign and your Message. You may also follow the Messages on Twitter. 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 the App in any way you are agreeing to comply with these Terms of Use (“Terms”). You affirm that you are either more than 18 years of age (19 in Alabama and Nebraska, 21 in Mississippi and Puerto Rico) have read, understood and agree to be bound by these Terms, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the App is not intended for children under 13. If you are under 13 years of age, then please do not use the App. The Facebook services accessed by the App have their own terms and conditions that apply to your use of that particular service. These 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. 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. top

2. CHANGES TO THE TERMS OR APP

AT&T may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the AT&T page on Facebook. The amended Terms will automatically be effective when posted. Your continued use of the App 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 App (or any portion thereof), including any and all content contained in the App, 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 App (or any portion thereof). top

3. 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 the App. 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 App you consent to the collection and use of this information (as set forth in the Privacy Policy).

Please note, the App may access and use your public and non-private Facebook content (such as name, profile picture and content that is visible by Everyone) in connection with your Message. If you do not want certain content accessed and used by the App, please change your Privacy Settings for Applications and Websites . top The App may provide you with 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). You may be required to download software ("Software") in order to access the App 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 App, 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. top 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 App 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;
  • 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 using the App 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.

The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that AT&T enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, you should consult an appropriate professional for specific advice tailored to your particular situation.

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6. TRADEMARKS AND SERVICE MARKS

Trademarks (including but not limited to AT&T and the Globe Logo) that are used or displayed on the App are owned by AT&T Intellectual Property or by third parties other than AT&T. 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 App 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 metatags or any other "hidden text" utilizing an AT&T name, trademark, or product name without AT&T´s express written consent. Other trademarks and trade names are those of their respective owners. top

7. USER SUBMITTED CONTENT

While you retain any and all of your lawfully owned rights in the Messages and Content accessible through the App, 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 Messages and 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. No compensation will be paid to you or to any other person or entity with respect to the posting or use of such Messages or Content. AT&T is under no obligation to post or use any Messages or Content, and AT&T may remove Messages and 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 Messages and Content. You represent and warrant that you own or otherwise control all necessary rights to the Messages and Content that you post, that such Messages and Content are accurate, that use of the Messages and Content you supply does not violate these Terms, specifically including without limitation the requirements of Section 9 (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 Messages and Content.

You irrevocably grant to AT&T, the right to use your name, voice, photo, or other likeness of you, as well as biographical information of AT&T’s choosing to be posted on Facebook, YouTube, and other third party platforms ("Materials").

You also agree that AT&T will have sole discretion in the manner in which the Submitted Material may appear (for example, size, color, format, style) and be used. AT&T will own all copyrights regarding the finished Submitted Material and that you will receive no other consideration in connection with this authorization .

AT&T does not guarantee the accuracy, integrity or quality of users’ Messages or Content. AT&T shall, in its sole discretion, monitor, refuse or remove any Messages or Content that is accessed via the App for any or no reason, including that any Message or Content violates these Terms or is otherwise objectionable. We take no responsibility and assume no liability for any Message or 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 App, we are not liable for any statements, representations, Messages or Content provided by you. Any opinions, advice or recommendations expressed therein are those of the person providing such Message or Content and not those of AT&T. We do not endorse any Message or 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 App is used to disseminate statements that are harmful or inflammatory. top

8. 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 App. 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 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. AT&T reserves the right, but does not assume the obligation, to remove or decline to post any Submitted Material or other user generated content that does not comply Section 9 Acceptable Use. top

9. ACCEPTABLE USE

You agree to use the App, the Messages, the Content (whether provided by us or others) and any Software provided in connection with the App in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to the App, related Software, Content or Messages, nor will you use the App or related Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Message or Content or use the App in any manner that:
  1. 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;
  2. infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights;
  3. removes any proprietary notices or labels on the Content;
  4. . advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
  5. 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;
  6. specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
  7. constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
  8. interferes with others using the App;
  9. is off-topic according to the description of the group, forum or webpage;
  10. 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;
  11. contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
  12. disrupts, interferes or inhibits any other user from enjoying the App or other affiliated or linked websites, material, contents, products and/or services.
  13. 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 App or otherwise monitor or copy any portion of the App, products and/or services;
  14. creates a false identity for the purpose of misleading others;
  15. 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;
  16. uses any AT&T domain name as a pseudonymous return email address;
  17. 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);
  18. 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;
  19. 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 App;
  20. reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the App or Content, use of the App, or access to the App;
  21. publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
  22. systematically collects and uses any Content including the use of any data mining, or similar data gathering and extraction methods;
  23. makes derivative uses of the App or the Content;
  24. uses, frames, or utilizes framing techniques to enclose any portion of the App (including the images found on the App or any text or the layout/design of any page or form contained on a page); and/or
  25. modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the App. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the App to determine the source code, structure, organization, internal design, algorithms or encryption devices of the App’s underlying technology.
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10. SECURITY

Violating the security of the App 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 App 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. top

11. GEOGRAPHICAL RESTRICTIONS

Unless expressly and specifically stated otherwise on the App, AT&T provides this App 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 the App is appropriate or available for use in locations outside the United States or all territories within the United States. Those who choose to access the App from other locations do so on their own initiative and are responsible for compliance with local laws. top

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
  1. YOUR USE OF THE APP, INCLUDING ANY MESSAGE, CONTENT OR INFORMATION CONTAINED WITHIN THE APP, ANY APP-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. THE APP, INCLUDING ANY MESSAGE, CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH THE APP AND ANY APP-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.
  2. 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) THE APP WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE APP ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) THE APP 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 THE APP WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN THE APP OR SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP 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 THE APP OR OUR SOFTWARE.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF THE APP 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. top

13. 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 App and/or services, and/or by removing, screening, or editing of Messages or 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 Messages or 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 App and other persons or entities from fraudulent, abusive, or unlawful use of the App 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. top

14. 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 APP OR THE CONTENT, MATERIALS, SOFTWARE, OR INFORMATION PROVIDED ON OR THROUGH THE APP; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE APP OR THE MESSAGES, CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE APP, (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 THE APP; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY VIA THE APP; (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 THE APP, EVEN IF AT&T OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR APP-RELATED SERVICES IS TO STOP USING THE APP 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). top

15. 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 Messages, Submitted Material or any other content you submit, post or upload to or transmit through the App, your use of the App, your connection to the App, your violation of these Terms, your dispute with another user, 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 the App. 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. top

16. TERMINATION/SUSPENSION

You agree that AT&T may immediately terminate or suspend your access to all or any part of the App 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 App (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. 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 access to the App. Further, AT&T reserves the right, to immediately terminate or suspend your access to the App at any time for any reason and without notice to you in its sole discretion. top

17. 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 the App within one year after it arises. top

18. How to Contact Us

If you have any questions about the App, please visit www.awaywehappened.com or email us at info@awaywehappened.com top