Last Updated on 01/26/2009
IMPORTANT: THE FOLLOWING TERMS OF SERVICE APPLY TO YOUR USE OF THE SOLOW WEBSITE AND SERVICES. PLEASE READ THEM CAREFULLY, TOGETHER WITH THE SOLOW PRIVACY POLICY.
This website is operated by SendMe, Inc, d/b/a SoLow (collectively, "SoLow" or "we", "us", or "our"). By visiting or using the SoLow websites (www.solow.com, http://apps.facebook.com/solowgame, www.solowmobile.com, www.23687.com, www.bidinski.com, www.bidinsky.com or www.getbiddy.com) (each, a "Site" or collectively, the "Sites") or registering for or using any SoLow products or services available on the Site or through your wireless carrier or phone (each a "Service" and collectively, the "Services"), you agree to be bound by these terms and conditions (the "Terms of Service"), the SoLow Privacy Policy (the "Privacy Policy") and the Official Rules of each individual game, sweepstakes or contest (in each case, the "Rules") whether you are a "Visitor" (which means that you simply browse the Sites) or are a "Member" (an individual who is legally eligible to use the Services, and who has properly completed the registration process). The term "User" refers to a Visitor or a Member. All of the terms and conditions contained in the Rules and the Privacy Policy are deemed incorporated into these Terms of Service by this reference. In case of a conflict between the Terms of Service, Privacy Policy or any Rules, the Terms of Service shall govern.
SoLow may, at its sole discretion, update or make changes to these Terms of Service, the Privacy Policy and any Rules without prior notice and at any time. Any changes to these provisions will be incorporated into revised Terms of Service that we will post on the Site. We will announce any changes publicly, such as by sending an email notice to all Users who have opted-in to receive email communication from SoLow and/or posting a notice on the Site's home page. Your continued use of the Site after the announcement of changes to the Terms of Service, the Privacy Policy and any Rules will be considered unconditional acceptance of those changes. Use of the Site or Services, including continued participation in the SoLow Points Program (the "SoLow Points Program"), as described below, shall automatically be deemed your acceptance of the then-current Terms of Service, Privacy Policy and any Rules, including any updates or changes.
SoLow may use Short Messaging Service ("SMS" or "text messages"), phone calls, instant messages or e-mail to contact you in connection with various aspects of the Services and the SoLow Points Program. Standard text messaging rates and terms and conditions of your wireless service provider will apply. The SMS Services may not be available from all wireless service providers or for all mobile handsets. You should check with your wireless carrier about your individual service plan. You are solely responsible for all SMS (text messaging) charges and other fees charged by your wireless carrier. By opting-in to receive text messages, you agree to receive text messages from SoLow and its partners. You may opt-out of receiving these text messages at any time by texting "STOP" to 23687.
You affirm that you are at least 13 years of age. Any entrant who is under the age of legal majority in his or her state of residence (a "minor") should get his or her parent or legal guardian's permission to use the Site. You must be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Your membership may be terminated, without warning, if we believe that you are under 13 years of age. Furthermore, you represent that you are (i) a legal U.S. resident; (ii) a registered account holder of a mobile device with SMS or a registered account holder of a residential phone line; and (iii) not barred from receiving the Services due to laws in your jurisdiction or third party contracts or obligations. Services are void where prohibited by law. Access to and use of the Site(s) and the Services are limited to Users in the United States.
Participation in the SoLow Points Program is limited to Members of SoLow. To become a Member, Users may be asked to provide a wireless phone number and an email address. Additionally, Members may be asked to provide confirmation that they are the registered owner of the wireless phone number they provide to SoLow. Confirmation can occur (i) via input of a password on SoLow.com (password is sent to the wireless device at the request of the Member) or (ii) by providing a SMS confirmation message to SoLow in the form of a text message. To redeem items from the SoLow Points program Members may be asked to provide additional information including first and last name, street address, city, state, and zip code. If a Member's information changes, it is the Member's responsibility to update his or her user information with SoLow. Members may change their personal information on the "my solow" page located at www.solow.com/mysolow. Members are only allowed to obtain and/or use a single Member Account (each, an "Account"). Additionally, Members may not use false and/or misleading information when creating and using their Member Account. For the avoidance of doubt Members must provide accurate information for their email address, physical address, mobile phone number and any other personal information entered into their Member Account. Limit one individual per Member Account. Member Accounts may not be merged.
SoLow will assign each Member a user name upon completion of initial registration, which will be the Member's wireless phone number. Member's may modify their user name on the "my solow" page located at www.solow.com/mysolow. In addition, each Member will select a password. If a Member changes his or her phone number, the Member may start a new Member Account with the new phone number. Unused SoLow Points from an old Member Account cannot be used or transferred to a new Member Account.
We may refuse to grant you a user name or password that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You are responsible for ensuring the confidentiality of your user name and password, and you agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your Member Account is no longer secure, you must promptly change your password by immediately emailing us at help@solow.com. In addition, you may change your user name and password at any time on the "my solow" page located at www.solow.com/mysolow/index.html. Members are solely responsible for keeping their user name and password confidential for any and all activities, whether by you or anyone else that are conducted through your Member Account.
Any duplicate or multi-person Member Accounts are subject to cancellation, and all SoLow Points accumulated will be forfeited.
If you register for a Service, you agree (i) to provide and keep correct and complete information ("Account Data") where required (ii) to keep such Account Data current while you are a Member of the Site and (iii) to not assign your Member Account, or rights associated with your Member Account, to another person or entity. SoLow, in its sole discretion, shall determine what means of identification shall be appropriate for your use of the Services, and SoLow may choose to limit your Account Data to a mobile telephone number. As a result of your registration, and based on the Account Data you provide, SoLow may establish a Member Account.
If SoLow believes in its sole discretion that your Account Data is untrue, inaccurate, misleading or incomplete, SoLow reserves the right to suspend or terminate any Service then being provided to you, as well as your Member Account. SoLow may also in its sole discretion refuse to provide you with any future use of the Services (or any portion thereof). You acknowledge and agree that SoLow may rely on the Account Data to send you information and notices regarding your Member Account and the Services, as further set forth in the Privacy Policy. SoLow shall have no liability associated with or arising from your failure to maintain accurate Account Data, including, but not limited to, your failure to receive critical information about the Service or your Member Account. Neither SoLow nor any of its third party service providers shall be responsible for verifying your Account Data. SoLow may, at any time and at its sole discretion, request a Member to provide proof of identity and verify the accuracy of their Account Data.
Membership is contingent upon the following:(i) SoLow, at its sole discretion, may terminate or suspend any Member's membership or access to the Services and the Sites for any or no reason. SoLow may, at its sole discretion, remove and terminate Member Accounts that have not been active for six (6) months or more. If your membership is terminated it will result in cancellation of all accumulated SoLow Points and all rights of access to and use of the Sites and Services. In the case of suspected fraud, misuse, or violation of these Terms of Service, or the purpose of these Terms of Service, SoLow will be the sole arbiter of whether any fraud, misuse or violation occurred. Any decision SoLow makes relating to termination or suspension of any Member Account shall be binding and irrevocable.
(ii) Members may terminate their membership at any time. Members need only (i) send a SMS message containing only the word "STOP" to 23687 or (ii) send an e-mail from the e-mail address registered to his or her Member Account with "STOP" in the subject line and the phone number and carrier in question to help@solow.com.
(iii) SoLow has the right to modify, suspend or cease indefinitely any aspect of the Services or the Site at any time without notice, including, without restriction, should events beyond SoLow's control occur, including but not limited to: computer equipment or electronic transmission failure, strikes, riots, civil turmoil, acts of nature, acts of terrorism, acts of war, equipment theft or failure, or data transmission delay or failure.
SoLow Points are awarded when a Member completes certain activities, either on the solow.com website or via their registered mobile device. SoLow is under no obligation to provide opportunities to earn SoLow Points. The number and type of opportunities made available is at the sole discretion of SoLow. You acknowledge that you are solely responsible for the equipment and Internet or cell phone access required to connect to the Sites and the SoLow Points Program.
SoLow Points may be redeemed for certain goods or services ("SoLow Points Rewards") listed in the SoLow Points Swap Shop located at http://www.solow.com/store/index.html. You must have sufficient SoLow Points for a particular reward. SoLow reserves the right to revise, at any time, the amount of SoLow Points required to obtain any item ("SoLow Points Swap Shop Items"). SoLow may modify at any time and without notice the nature, type, amount and value of SoLow Points Rewards available. SoLow Points Swap Shop Items are limited and are available only while supplies last. SoLow Points Swap Shop Items may not be exchanged or returned for cash or credit. Members may be required to pay all shipping and handling charges associated with SoLow Points Swap Shop Items. Once a Member redeems SoLow Points, the appropriate amount of SoLow Points will be deducted from the Member Account.
SoLow Points are non-tradable and non-transferable, and have no monetary value.
SoLow may revalue, modify, or cease indefinitely, without accountability or prior notice, all or part of the SoLow Points Program. SoLow has the right in its sole discretion to cancel a Member's SoLow Points. In the event of a dispute involving SoLow Points, SoLow will be solely responsible for deciding the outcome of such dispute and Members are bound by SoLow's decision.
SoLow reserves the right at any time to interrupt, modify, suspend, discontinue or permanently cancel the Site or the Services, or portions thereof, without notice to you. If the Service, or any part thereof, for which you are registered, is permanently discontinued or canceled by SoLow, SoLow will cancel your registration and reimburse any pre-paid but unused fees, if any, related to such canceled Service.
SoLow reserves the right to limit a Member or other user's interaction with the Services in its sole discretion.
Subject to the terms of these Terms of Service, the Privacy Policy, any applicable Rules, you acknowledge and agree that the Site and Services are for your personal use. You shall not transmit, broadcast, upload to any computer or mobile device (other than the mobile device designated at the time of your registration), create derivative works of, or make commercial use of the Site or Services in any manner. You shall not attempt to or otherwise authorize, encourage or support others' attempts to, circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Site or Services in any manner.
From time to time, based on the sole discretion of SoLow, you may be charged fees and other charges (the "Fees") for the use of certain Services for which you are registered or through your phone or Account. Such Fees, if any, will be disclosed on the Site or to you prior to your use of a particular Service, and your use of the Service shall constitute your agreement to pay all applicable Fees. You should read the Rules for any game or Service in which you participate. You shall be responsible for any Fees that result from use of the Service from your phone or through your Account, whether or not made by you. Information on Fees is available at www.solow.com. Unless otherwise indicated, the Fees will be invoiced on your mobile device service provider's bill. The Fees shall be due immediately and are non-refundable, unless otherwise indicated to you in writing by SoLow. All Fees are subject to change, and SoLow will provide notice of such change in Fees on the Site or to you prior to the new Fees taking effect. Upon receipt of SoLow's notice of a change in Fees, you may immediately cancel your Account. Continuation of a Service after notice of a change in Fees will constitute your agreement to the new Fees.
The content on the SoLow Sites, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SoLow, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Sites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SoLow reserves all rights not expressly granted in and to the Site and Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the SoLow Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the SoLow Site or the Content therein.
By accessing and using the Site or registering for or using a Service, you consent to receive communications from SoLow electronically including by e-mail, text messaging, SMS, MMS, WAP and other means of mobile content delivery, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that SoLow sends to you electronically satisfy any legal requirement that such communications be in writing.
Any sweepstakes, contests or games made available through the Site will be governed by its specific Rules that are separate from and may vary from these Terms of Service. By participating in any such sweepstakes, contests or games, you will become subject to those applicable Rules.
There may be links provided on the Site to other websites belonging to SoLow's advertisers, business partners, affiliates and other third parties. Third parties, in some cases, may also link to the Site. Such links do not constitute an endorsement by SoLow of those websites, nor the products or services made available on those websites. SoLow is not responsible for the activities or policies of those websites. SoLow may also make available products and services of such advertisers, business partners, affiliates and other third parties directly on the Site. You acknowledge and agree that SoLow shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such advertisers, business partners, affiliates and other third parties or for any content or information presented in connection with any products or services of advertisers, business partners, affiliates and other third parties.
You are responsible for obtaining, maintaining and paying for all costs and fees associated with obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Site and/or the Services. You shall provide all equipment and software necessary to connect to the Service. You shall ensure that your equipment and/or software necessary to access and use the Site and the Services does not disturb or interfere with SoLow's operations, the Site or the Services. If any upgrade in or to the Site or the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by SoLow, any new or additional features of the Site or Service, including the release of new products and Services, shall be subject to these Terms of Service.
YOUR USE OF THE SITE AND SERVICE, IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND BY SOLOW OR ITS AFFILIATES, AS APPLICABLE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, SOLOW AND ITS AFFILIATES, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOLOW AND/OR ITS AFFILIATES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICE WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU AGREE THAT YOU WILL NOT HOLD SOLOW AND/OR ITS AFFILIATES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING OR USING THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS SAME. YOU AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO SOLOW AND/OR ITS AFFILIATES, AS APPLICABLE. WITHOUT LIMITING THE FOREGOING, SOLOW DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS, QUALITY OR MISDELIVERY OF THE SITE OR INFORMATION TRANSMITTED VIA THE SERVICES, NOR THE SAFETY, SECURITY, RELIABILITY, TITLE, TIMELINESS, MERCHANTABILITY, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THE SITE OR SERVICES, INFORMATION TRANSMITTED VIA THE SERVICES OR THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, COMPLETENESS SAFETY, SECURITY, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE SITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, SOLOW MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SITE OR SERVICES ARE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
IN NO EVENT SHALL SOLOW OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, SUPPLIERS AND AFFILIATES BE RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, GOODWILL, REVENUE OR BUSINESS, PROCUREMENT COSTS, LOSS OF USE, OR ANY OTHER INTANGIBLE LOSS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THESE TERMS OF SERVICE, THE PRIVACY POLICY, ANY APPLICABLE RULES, OR THE LAW; (II) YOUR ACCESS OR USE OF THE SITE OR SERVICES; (III) ANY THIRD PARTY'S ACCESS OR USE OF THE SITE OR SERVICES UNDER YOUR USER NAME OR PASSWORD; (IV) YOUR INABILITY TO ACCESS OR USE THE SITE OR SERVICES FOR ANY REASON OR FOR ANY PERIOD OF TIME; (V) YOUR DOWNLOADING OF ANY SOFTWARE OR CONTENT; (VI) YOUR RELIANCE UPON OR USE OF ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES; (VII) THE BREACH OF SOLOW'S SECURITY; OR (VIII) THE UNAUTHORIZED DISCLOSURE OF YOUR PERSONAL INFORMATION; EVEN IF SOLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SOLOW'S LIABILITY IS LIMITED TO YOUR ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID, IF ANY, BY YOU TO SOLOW FOR USE OF THE SITE AND SERVICES.
Without limiting the foregoing, SoLow is not responsible for any damage to any User's equipment, computer, software, phone or wireless device due to using the Service or downloading of any software or information necessary to use the Service. There is no stated or assumed guaranteed service level for SoLow, and the Site and Services may be interrupted and may not always be free of errors. Under no circumstances will SoLow be responsible for errors in transmission, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions in connection with the Site or Services.
Some state laws do not allow limitations on certain warranties or damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
You agree that you shall defend, indemnify and hold harmless SoLow and its officers, directors, shareholders, employees, independent contractors, agents, representatives, partners, licensors, suppliers and affiliates and other Users of the Site or Service from and against all claims, actions, demands, liabilities, settlements and expenses, including, but not limited to, attorneys' fees and costs, arising out of, or related to: (i) any breach or violation of these Terms of Service, the Privacy Policy or any applicable Rules or law by you; (ii) your failure to provide accurate, complete, non-misleading and current Account Data; (iii) your access or use of the Site or Service; (iv) any third party's access or use of the Site or a Service under your user name and password; and (v) your use of any prize.
You acknowledge that SoLow will be irreparably damaged if these Terms of Service, the Privacy Policy or any applicable Rules are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms of Service, the Privacy Policy or any applicable Rules by you, SoLow shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms of Service, the Privacy Policy or any applicable Rules. For purposes of this section, you agree that any action or proceeding with regard to an injunction in connection with Terms of Service, the Privacy Policy or any applicable Rules shall be brought exclusively in the state courts of record for San Francisco, California, or the United States District Court, located in San Francisco, California. You consent to the jurisdiction of such court and waive any objection to the laying of the venue for such action or proceeding in San Francisco, California. You agree that service of any court paper may be affected on you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
These Terms of Service, the Privacy Policy and any applicable Rules are governed by and shall be construed in accordance with the internal laws of the State of California, without regard for conflicts of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any civil action, claim, dispute or proceeding arising out of or relating to the Site, the Services, the SoLow Points Program, these Terms of Service, the Privacy Policy or any applicable Rules, except for an injunctive action (as discussed above), shall be referred to final and binding arbitration, before three arbitrators, under the commercial arbitration rules of the American Arbitration Association in San Francisco, California. You and SoLow shall select the arbitrators, and if you and SoLow are unable to reach agreement on selection of the arbitrators within thirty (30) days after the notice of arbitration is served, then you and SoLow shall each select an arbitrator, and the two arbitrators selected will pick the third arbitrator. Arbitration shall not commence until the party requesting arbitration has deposited Three Thousand Dollars ($3,000.00) with the arbitrators for the arbitrators' fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrators to pay the arbitrators' fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and SoLow and your and SoLow's respective administrators, executors, legal representatives, heirs, successors and assigns, and may only be entered in the state courts of record for San Francisco, California, or the United States District Court located in San Francisco, California. The jurisdiction and venue for any action brought for purposes of injunctive relief or compelling arbitration or enforcing an arbitration award arising from, under or connected with the Site, the Services, the SoLow Points Program, these Terms of Service, the Privacy Policy or any applicable Rules shall be exclusively in the state and/or federal courts in and for San Francisco, California, and each party hereby waives any objection to such jurisdiction and venue based upon forum non conveniens or otherwise.
A User may only use those portions of the Site made available to the User. Users are forbidden to access or attempt to access other Member Accounts or to otherwise attempt to violate the security or systems of the Site.
SoLow will not be responsible for any losses or damages incurred due to unauthorized appropriation of information, encrypted or otherwise, transmitted to or from SoLow.
Each User agrees not to engage in unsportsmanlike conduct or otherwise abuse the Services by conduct that is or may be detrimental to the interests of SoLow or other Users. Any User suspected of engaging in any fraudulent, abusive, manipulative or illegal activity or by participating in, or benefiting from, a syndicate, group or block guessing process may have their Account terminated and all SoLow Points cancelled in SoLow's sole discretion, and the User may be referred to appropriate law enforcement agencies. SoLow reserves the right, but not the obligation, to monitor your access to and use of the Site and the Services. Users, among other things, shall not: (a) use automated or cooperative means to acquire SoLow Points, including but not limited to the use of automated "bots", software programs or collusive play involving other Users or software programs; (b) exploit or thwart the Services or any affiliated program in any way; (c) present inaccurate or fraudulent information; (d) acquire or use SoLow Points in violation of these Terms of Service or that were improperly credited to a Member Account; or (e) abet another individual or party in conducting damaging, deceitful, fraudulent, or unlawful activity.
SoLow uses reasonable efforts to try to make sure that information about products, services and/or activities on the Site are correct. However, SoLow cannot guarantee the accuracy of such information and cannot be accountable for any errors, omissions or other deficiencies. Prizes or SoLow Points Swap Shop Items may not be identical to the actual awards delivered to the User due to market changes beyond the control of SoLow including but not limited to: discontinuation of an item, changes in features, color or availability of an item or other normal product lifecycle events.
SoLow shall not be responsible or accountable for any agreements between a User and any of the SoLow Points Program's affiliated companies with regard to items or services acquired (or to be acquired) through redemption of SoLow Points, or such User's election in third-party promotions or other activities.
All taxes relating to SoLow Points or the Services are the sole responsibility of Users. All Users are strongly encouraged to consult their own tax advisors prior to participating in any Services. SoLow will not provide any advice concerning tax liability.
If any part of these Terms of Service, the Privacy Policy or any applicable Rules are deemed by a court of competent jurisdiction to be unlawful, void or unenforceable, the Terms of Service, Privacy Policy or Rules as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the Terms of Service, Privacy Policy or Rules that is unlawful, void or unenforceable shall be stricken or revised, if possible, to retain the intent thereof.
The headings contained in these Terms of Service, the Privacy Policy and/or any applicable Rules are for convenience of reference only, are not to be considered a part of these Terms of Service, the Privacy Policy or any applicable Rules, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Service, the Privacy Policy or any applicable Rules.
No waiver of any portion of these Terms of Service, the Privacy Policy or any applicable Rules shall be effective against SoLow unless it is in writing and signed by an authorized representative of SoLow. The failure of SoLow to require performance of any obligation of these Terms of Service, the Privacy Policy or any applicable Rules shall not affect SoLow's right to enforce any provision of these Terms of Service, the Privacy Policy or any applicable Rules at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
All covenants, agreements, representations and warranties made by you in these Terms of Service, the Privacy Policy or any applicable Rules shall survive the termination of these Terms of Service, the Privacy Policy or any applicable Rules, and the termination of your use of the Site and the Services.
If you have questions, comments, concerns or feedback regarding these Terms of Service, the Privacy Policy or any applicable Rules or the Site or any Service, please contact us via any of the methods set forth below:
1. Via e-mail: legal@solow.com
2. Via mail: SendMe Inc. Attn: SoLow Customer Service - 585 Howard St., 3rd Floor, San Francisco, CA 94105
SoLow shall have no obligation of any kind with respect to such questions, comments, concerns or feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the questions, comments, concerns or feedback to others without limitation. Further, SoLow shall be free to use any ideas, concepts, know-how or techniques contained in such questions, comments, concerns or feedback for any purpose whatsoever, including but not limited to developing and marketing Services incorporating such questions, comments, concerns or feedback.
The Terms of Service, the Privacy Policy and any applicable Rules made available to you by SoLow, each as amended from time to time, represent the entire understanding and agreement between you and SoLow regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
SendMe, Inc, a Delaware corporation, d/b/a "SoLow", 585 Howard St., 3rd Floor, San Francisco, CA 94105. Telephone: 877-402-3687
© 2007-2010 SendMe, Inc. ALL RIGHTS RESERVED.
All eligible subscribers to the SoLow Elite service receive up to 20 guesses per game per day on all SoLow Games, including premium games, for $9.99/month. To stop receiving the security code confirmation text messages or to cancel a service at any time, text "STOP" to 23687. SoLow Elite subscription or other premium game charges are applied to your cell phone bill or prepaid balance. NO PURCHASE OR SMS MESSAGE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. Please see the Official Rules to play without purchase or SMS message. The promotion is only open to legal U.S. residents who are 13 years or older, and minors must get parent or legal guardian's permission to enter. Void where prohibited by law. Premium games are void in and to residents of Georgia. You must be 18 or older to participate in the following states: Florida, Maine. To participate, you must be the named account holder of a mobile device with wireless Short Message Service (SMS) or have access to a residential phone line. See individual prize rules for additional eligibility restrictions, prize descriptions/restrictions, ARVs, alternative means of entry, and complete details. Subscriptions automatically renew unless cancelled. SoLow service is available for AT&T, Verizon Wireless, Sprint, Cellular One, Boost, Nextel, Alltel and T-Mobile. Message and data rates may apply. Text "HELP" to 23687 at any time for more information about how to play. You can also contact SoLow customer service at help@solow.com or by calling 1-877-402-3687.