Append Terms | List Rental Terms | SMS Terms and Conditions

Welcome to Mobile Worldwide, a service of NewZDesk.com. (hereinafter, collectively referred to as “COMPANY”). You must read and agree to these Terms of Use ("T&Cs) before you may access or view our sites or content. Please read them carefully. By visiting the COMPANY website or requesting or "opting-in" to e-mail or SMS, MMS alerts, WAP Push or other similar remote messaging service from us or using COMPANY'S services or viewing its content, you are agreeing to this TOU. This Agreement is subject to change at any time, and changes are effective upon posting. up to you to refer to this page for any amendments/changes to the original Agreement.

1. Eligibility and Consent to Receive SMS, MMS, WAP Push or other similar remote messaging service and E-Mail Marketing Messages to your Mobile Device: You must be eighteen or over to register at this site and use our services (including but not limited to SMS alerts and messages). By using and/or viewing this site and services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions and that you are at least 18-years old and are in full compliance with applicable law and third party agreements including, but not limited to, agreements between you and your cell phone services provider.

You hereby consent:

  1. For us (and/or our service providers) to send to you at the SMS and e-mail addresses you provide to us in the signup process, and from time to time via other methods, content and/or "alerts" via SMS and/or MMS, WAP Push or other similar remote messaging service and email messages (also referred to collectively as "electronic messages") to your cell phone, mobile device, or other computing device;
  2. For us to send to you at the SMS and e-mail addresses you provide to us in the signup process, and from time to time via other methods, advertising (including advertisements provided by third parties) via electronic messages to your cell phone, mobile device, or other computing device;
  3. For us to use third parties to send you advertisements and content (including but not limited to alerts) via electronic messages;
  4. For us to obtain, store, and analyze your name, address, telephone number, SMS address, e-mail address, and other data you provide to us from time to time in the course of us providing services to you including, but not limited to, content selections, clickstream, and transaction history (all such data referred to herein as "profile data") and to use the above "profile data" to send you targeted advertising electronic messages;
  5. For us to transfer your "profile data" to third parties who acquire our services or assets so long as they maintain at least the same level of privacy over such data as us and conform to these Terms of Use;

You hereby agree:

  1. That you are aware that standard and special text messaging rates may apply and that you shall be fully responsible for the costs to your cell phone provider or other network services provider or phone COMPANY for all the electronic messages (including, but not limited to, SMS message costs) sent to you by us or our service providers;
  2. To make certain that minors (under applicable law) do not have access to your cell phone or other computing device in which you receive electronic messages from us or our service providers and that minors do not have access to electronic messages sent by us or our service providers;

You hereby warrant:

  1. That by entering into this agreement that you are not in violation with your cell phone service provider's agreements or any third party agreement covering such cell phone or other computing device or e-mail address or SMS address in which you will receive electronic messages from us;
  2. That by entering into this agreement that you are not in violation with applicable law;
  3. That you have not and will not, during the term of this agreement, list your SMS address or E-Mail address on any "opt-out" registry and to the extent such address(es) are or become listed with a registry you hereby further warrant that such addresses were listed without your consent and you shall take immediate steps to remove such address(es) from such registry(s) and you agree to having us send you electronic messages - this provision shall only be enforceable to the fullest extent permitted by law;
  4. That you have not and will not order any services from us or request any electronic messages that violate applicable law;
  5. That you have not and will not purchase any products or services from electronic messages sent to you by us or our service providers that violate applicable law;
  6. That any information you have provided to us in registering for services from us or that you provide to us from time to time is truthful and accurate and that you hereby warrant that any and all data you provide to us is your own and that you have not registered another person's SMS number or e-mail address or have electronic messages set or transferred to go to another person's cell phone, device or address as the case may be.

2. Fees/Termination: COMPANY's, usage and/or subscription fees - if any - were provided to you upon registration and may change from time to time upon electronic notice to you. COMPANY reserves the right to terminate your access to its services or site at any time for any reason or no reason. COMPANY may terminate your services upon sending notice to you at the email or SMS address you provide in your application for services or such other email or SMS address as you may later provide to us. If COMPANY terminates your services because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. You may opt-out of receiving electronic messages from us by visiting the opt-out page located on the site you opt-ed in at -and filling out the appropriate form and submitting it to us or by contacting us in writing at opt-out@NewZDesk.com with "opt-out" in the subject line and include your e-mail and/or SMS address(es) and/or mobile telephone number.

3. Non-Commercial Use by Users/Viewers: The COMPANY site and services is for the personal use of individual users and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses should not use the COMPANY services or site for any commercial purpose. Illegal and/or unauthorized uses of the site or services, including unauthorized framing of or linking or packaging of the site or services or signing up another person's e-mail or SMS address to such services without their consent or the sending or forwarding to another e-mail or SMS address unsolicited bulk commercial e-mail or SMS messages shall constitute a material breach of this agreement and will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. Proprietary Rights of Content by COMPANY: COMPANY owns and retains other proprietary rights in the COMPANY site and the COMPANY services and content. The site and services contains the copyrighted material, trademarks, and other proprietary information of COMPANY, , and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted/CDA:

A) COMPANY claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that COMPANY may delete any content, messages, photos or profiles that in the sole judgment COMPANY violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of COMPANY, and/or its users.

B) You are solely responsible for the content that you publish or display (hereinafter, "post") on the COMPANY site, or transmit to other COMPANY users.

C) By posting content to any public area of COMPANY, you automatically grant, and you represent and warrant that you have the right to grant, to COMPANY and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. As a visitor to COMPANY if you provide COMPANY with your e-mail or SMS address via a registration process or post it on COMPANY's site(s) you thereby authorize COMPANY and its affiliates and any entities that COMPANY becomes involved with or merges with, the right to use and/or sell your valid email or SMS address for any marketing programs or communications with you.

D) The following is a partial list of the kind of content that is illegal or prohibited on the site. COMPANY will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the services of such violators. It includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

E) You must use the COMPANY service in a manner consistent with any and all applicable laws and regulations.

F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the COMPANY Site or services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to COMPANY by our users or third parties.

G) You may not engage in advertising to, or solicitation of, other users to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other COMPANY users. Although COMPANY ordinarily cannot monitor the conduct of its users off the COMPANY site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.

6. Copyright Policy/DMCA Notice: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the COMPANY service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): 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; a description of where the material that you claim is infringing is located on the our site or in our electronic messages including if feasible the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written 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. COMPANY's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

1. Append Services

Within three (3) days of executing the NewZDesk.com invoice (hereinafter the “Invoice”),   by reference herein, Client shall deliver to NewZDesk.com the Customer Database, defined as a compilation of records, each consisting of the first and last name and full physical address of a customer of Client.  NewZDesk.com shall provide an email address, when available, matching each corresponding record, and shall return the Customer Database to Client in a commercially expeditious manner, or as otherwise specified in the Invoice.  NewZDesk.com shall not transfer the Customer Database to any third party, nor use the  Customer Database, for any purpose other than as provided in these Terms and Conditions or the Invoice.

2. Payment

Client shall pre-pay in full the fees set forth in the Invoice.  Such fees shall be calculated by multiplying the indicated rate by the number of email addresses NewZDesk.com matches and appends to the Customer Database. If Client fails to pay the full amount of the charges detailed in any Invoice by the earlier of fifteen (15) days after receipt of such Invoice NewZDesk.com reserves the right not to forward the append file to that client.

3. Delivery

Due to the natural attrition of data, any append data that has been verified through the mailing of the client’s welcome letter by NewZDesk.com, Inc. that is found to be undeliverable within 5 business by the client, will be replaced with new data by NewZDesk.com, Inc. at no additional cost to the client. If no valid replacements can be supplied, the client will receive a company credit. All data deemed undeliverable by the client must be returned directly to NewZDesk.com, Inc. at returns@NewZDesk.com.com to verify such undeliverability.
NewZDesk.com, Inc. reserves the right to deny credit to the client for any and all files sent to the client that have not gone through the process of a welcome letter verification.

4. Indemnification

a.      By Client – Client shall indemnify, defend, and hold harmless NewZDesk.com against all third party claims, actions, and liabilities (including all reasonable costs, expenses, and attorneys’ fees) arising from or in connection with: (i) Client’s sale or resale of, promotion of, or misrepresentation about the Client Database; (ii) Client’s breach of any of its obligations, representations, or warranties under these Terms and Conditions (including those set forth in the Invoice); and (iii) any allegation that the Customer Database and/or any communication with the Customer Database violates any third party’s Intellectual Property Rights or privacy rights.  NewZDesk.com shall promptly notify Client in writing of all such claims and shall accommodate Client’s reasonable requests for cooperation and information.
b.      By NewZDesk.com– NewZDesk.com shall indemnify, defend, and hold harmless Client against all third party claims, actions, and liabilities (including all reasonable costs, expenses, and attorneys’ fees) arising from or in connection with: (i) NewZDesk.com’s misuse of the Client Database in violation of these Terms and Conditions; and (ii) NewZDesk.com’s breach of any of its obligations, representations, or warranties under these Terms and Conditions.  Client shall promptly notify NewZDesk.com in writing of all such claims and shall accommodate NewZDesk.com’s reasonable requests for cooperation and information.

5. WARRANTIES

NewZDesk.com MAKES NO WARRANTY WHATSOEVER AS TO THE EMAIL ADDRESSES, EXPRESS OR IMPLIED.  NewZDesk.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES THAT COULD BE IMPLIED IN CONTRACT, IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, OR PERFORMANCE OR ARISING FROM USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL NewZDesk.com BE LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE LOSS, DAMAGE, OR EXPENSE (INCLUDING LOST PROFITS).  THE LIMIT OF NewZDesk.com’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE, OR OTHERWISE) FOR ANY AND ALL CLAIMS RELATED TO THESE TERMS AND CONDITIONS OR THE INVOICE SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID TO NewZDesk.com UNDER THE INVOICE.

7. Force Majeure

Neither party shall be liable for delays or nonperformance of these Terms and Conditions, or the accompanying Invoice, caused by strike, fire, or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel, or utilities or for any other cause beyond its control.

8. Assignment

Neither party may assign its rights or obligations under these Terms and Conditions without the prior written consent of the other party.

9. Relationship of the Parties

The parties are independent contracting entities, and there is no employment, partnership, or agency relationship between them.

10. Entire Agreement

Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein and in the Invoice are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein. In the event of any conflict between these Terms and Conditions and any other document (including, without limitation, the Invoice and any Client invoice, insertion order, or purchase order), the provisions of these Terms and Conditions shall govern.

11. Disputes

Each party hereby waives any right to a trial by jury in the event of any controversy or claim relating to these Terms and Conditions.  The law of the State of Florida shall apply to any resulting claim or action, and the exclusive jurisdiction and venue for any proceeding brought pursuant to these Terms and Conditions shall be Broward County, Florida.

12. Severability

Should any provisions of these Terms and Conditions be found invalid or unenforceable, all such provisions are to be enforced to the maximum extent permitted by law, and beyond such extent shall be deemed severed from these Terms and Conditions without affecting the validity or enforceability of any other provision.

13. Headings

The headings of these Terms and Conditions are for convenience only and shall not be used to 
construe the meaning of this Agreement.

Copyright © 2009 NewZDesk.com. All rights reserved. Terms and Conditions.