MOBILE SUPPORT
If you ever have a problem with your BWYNOW services and need help,
you can contact us by email at support@a4amobile.com.
Please give us as much information as possible to help us answer your question.
We can help you faster if you provide us with your phone number, the name of
your wireless service provider, the type and model of phone you use, error
message you received, and the approximate date and time that any problem may
have occurred. We will respond to you within one business day.
Handsets Supported
When you request any item of Content by SMS message from your
mobile device from BWYNOW, we automatically
recognize which type of mobile handset device you have. From this we can
determine if your handset is capable of receiving the item you've requested. If
it is, we deliver it to you in the format that is optimally suited for your
device. If your device isn't capable of supporting the content item you've
requested, we send you a message telling you that your device won't support
your request.
If you are subscribing to BWYNOW via a website
("Site"), you are responsible for determining if your mobile phone and carrier
are compatible with the BWYNOW content. Click here for a
complete list of the current
carriers. Your phone must be capable of receiving text
messages, audio and full motion video downloads, as well as color graphics. In
addition, your mobile phone account needs to be Internet-enabled to download
audio and full motion video downloads, as well as color graphics.
A4AMobile
will not give refunds if you download or attempt to download audio and full
motion video downloads or color graphics to incompatible phones or carriers or
if your mobile phone account is not Internet enabled.
TERMS OF USE
BWYNOW SERVICES
Terms of Use
When you sign up for the BWYNOW, The Mobile Way to Broadway
Services ("BWYNOW") or use any service offered by Arts4All, Ltd. d/b/a
A4AMobile, including without limitation, the A4AMobile network or the A4AMobile
messaging platform, or you use this website ("Site") (collectively, the
"Services"), you agree that you have read, understood and accepted the terms of
use stated below, as well as the A4AMobile Privacy Policy ,the A4AMOBILE SUPPORT Policy and any other policies we may post
from time to time on the Site and amend from time to time (collectively, the
"Agreement").
If you do not agree to these terms of use, do not use any of the
A4AMobile Services.
These Terms of Use May Change
A4AMobile reserves the right to update or amend these Terms of
Use and any Policy at any time. Your continued use of the Services after the
effective date of any posted change constitutes your acceptance of the amended
Terms of Use as modified by the posted changes. For this reason, we encourage
you to review these Terms of Use and policies whenever you use the Services.
The last date these Terms of Use were revised is May 15, 2007.
Privacy
A4AMobile's privacy policy may be viewed
at http://www.a4amobile.com/privacy.asp. A4AMobile reserves the right to modify
its privacy policies in its reasonable discretion from time to time. If you subscribe by your mobile phone to the
Services, you will be automatically subscribed to receive marketing and other
non-critical Service-related communications from A4AMobile and our
partners. You may opt out of receiving
such communications by logging into your account and changing your personal
preferences profile or by canceling your account with A4AMobile. Note that even if you opt out from the receipt of SMS messages and/or emails there may be occasions A4AMobile will
still send you important announcements regarding operation of the Services by
SMS message or email.
A4AMobile May Change or Suspend Services
A4AMobile may, at its sole discretion, terminate or suspend your
access to the Services or any portion thereof (such as an offer) of any user
for any reason without notice. A4AMobile may also terminate or suspend any
group or offer for any reason or no reason. A4AMobile may also add or remove
Content as it sees fit or necessary without notice to you. Upon termination of
this Agreement at any time or for any reason, you will continue to be bound by
the Warranty, Limitation of Liability and any applicable intellectual property
obligations.
Eligibility
Neither the Site nor the services are intended for children
under the age of 17. If you are under the age of 17, a parent or guardian must
use the services and participate in any age-appropriate Offer on your
behalf. When registering with
A4AMobile's services you must represent that you are at least 17, or that you
have your parents' permission to register for the Services. You may not use the
site if you're under the age of 13. We reserve the right to deny service to any
person falsifying age information or which we believe may have falsified age
information.
The Services
The Services provided by A4AMobile is:
Receipt of news, offers and alerts to your mobile device via SMS
text and MMS and email.
Limitations of the
Services
A4AMOBILE
does not guarantee the accuracy, integrity or quality of any Content, nor does
it guarantee audio or video quality in any regard. You acknowledge and agree that you must evaluate, and bear all risks associated with, the download of any Content, including its operation and quality on your phone or via the Internet and the completeness or usefulness of
such Content.
Payment
You are
responsible for the standard usage and messaging charges for SMS, MMS and other
charges, including third party charges and/or taxes may apply (please check
with your carrier). All charges will be billed on your wireless service bill
and/or deducted from your prepaid balance. You can stop or cancel the Services
at any time texting the message STOP to number 299669.
How to Cancel Your Status as a Subscriber
Upon your request, A4AMOBILE will cancel the Services and cease
all A4AMobile Services to you and
reverse any credit card transaction within three (3) business days after
purchasing the A4AMOBILE Services. We must receive notice within that time
period by any of the following methods:
a) e-mail addressed to unsubscribe@bwynow.com
b) text STOP to 299669 (BWYNOW)
c) letter transmitted to A4AMobile at the following fax number:
212.391.4024; or
d) letter delivered by first-class mail prepaid or by courier to
A4AMobile at the following address: Attention: Cancel Services 2 West 45th
Street, Suite 500, New York , NY, 10036.
Non-Transferable
Services may not be assigned or transferred to any other mobile phone number,
person or entity. Nor may you provide
any other person or entity access to the Services, either directly or
indirectly. This includes, but is not
limited to, sending your user name and/or password to other parties and making
your user name and/or password available where others may access them. Your must keep your password strictly
confidential. Allowing others to gain
unauthorized access to the Services is a material breach of the Terms and Conditions.
Limited License & Restrictions
So long as you abide by the Agreement, A4AMobile
grants you, the registered user, a personal, limited, non-exclusive,
non-transferable, non-assignable and revocable license to view any of the
Content available through the Services.
Content may not be transferred, sold, distributed, displayed, performed, copied, modified
or used in any way, in whole or in part, other than as expressly permitted by
these Terms of Use. All rights not
expressly granted to you are reserved by A4AMobile and its licensors.
You
may not access the Services if you are a direct competitor of A4AMobile except
with A4AMobile's prior written consent. In addition, you may not access the
Services for purposes of monitoring its availability, performance or
functionality, or for any other benchmarking or competitive purposes.
You
shall not reverse engineer or access the Site, the Content or the Services in
order to (a) build a competitive product or service, (b) build a product or
service using similar ideas, features, functions or graphics of the Site or
Services, or (c) copy any Content, ideas, features, functions or graphics of
the Site or Services.
Use Restrictions
As the Subscriber, you are required to accept total
responsibility for your behavior and conduct while using the Services. Common
courtesy and mutual respect are necessary when communicating with other subscribers
of BWYNOW. Because A4AMobile hopes to promote a safe, fun and respectful
atmosphere for our subscribers, please read over the following list of what
actions you agree to refrain from while using the Services:
A. Using the Services to transmit, route, provide connections to, or store any
material that infringes copyrights works or violates or promotes the violation
of the intellectual property rights of any user or other entity, or using as
group names or email addresses, terms which may violate the trademark rights of
third parties.
B. Sending, posting, exchanging, sharing, promoting, or advertising harmful,
obscene, defamatory, misleading, libelous, harassing, abusive, threatening,
offensive or unlawful material or material that violates anyone else's rights,
including their right to privacy.
C. Assuming the identity of any individual other than yourself. You may not
impersonate another member, or an A4AMobile staff member.
D. Distributing or sending unsolicited e-mail, text or voice message, or
"spam," "chain letters" or "pyramid schemes" or
any other form of unauthorized solicitation, including promotions and/or
advertising of products or services.
E. Sending, posting, exchanging or sharing material containing software
viruses, worms, Trojan horses or other harmful computer code, files, scripts,
agents or programs.
F. Interfere with or
disrupt the integrity or performance of the Services or the Content.
G. Attempt to gain
unauthorized access to the Services or its related Content, systems or
networks.
Ownership: Copyright and Trademark Notice
Anytime you publish through A4AMobile, upload to and or
distribute information through our Services, you are granting A4AMobile the
right to publicly display, copy, edit, delete and distribute such works. You
agree to and hereby assign any rights you may have in user groups that you
create or participate in, including the name, theme and content thereof.
A4AMobile may, at its sole discretion, and without compensation to any user,
make user groups available for sponsorship and branding by Clients or other
third parties.
Other than private text and e-mail messages, all of the Content you see, hear
or otherwise experience through the Services (the "Content"),
including, for example, all of the page headers, images, illustrations,
graphics, and text, and any suggestions, ideas, enhancement requests, feedback,
recommendations or other information provided by you or any other party
relating to the Services are subject to trademark, service mark, trade dress,
copyright, trade secret, patent, and/or other intellectual property rights or
licenses owned by A4AMobile or by third parties who may own them.
The Content and the Services as a whole are intended solely for
the non-commercial use of authorized users. You may download, print and store
selected portions of the Content, provided that you (i) only use copies of the
Content for non-commercial purposes; and (ii) do not modify or alter the
Content in any way, or delete or change any copyright, trademark or other
proprietary notice. No right, title or interest in any downloaded materials is
transferred to you as a result of any such downloading. As between you and A4AMobile,
A4AMobile shall retain all right, title and interest in and to the Content and
Services, including all URLs. Except as noted above, you may not copy,
download, reproduce, modify, publish, distribute, transmit, transfer or create
derivative works from the Content without obtaining prior written permission
from A4AMobile. For permission to use our materials for other purposes, please
send an email to info@a4amobile.com. If you wish to use third-party materials
appearing on the web site, you must contact the copyright owner of such
materials.
General Disclaimer and Limitation of Liability
A4AMobile is only a venue allowing Subscribers to communicate with other
users and allowing Subscribers to receive promotional offers from third parties.
If you choose to use or access the Site, use its services or participate in the
Offers, or participate in any offer associated in any way with A4AMobile, you
do so on your own initiative and at your sole risk and you are responsible for
compliance with all applicable laws.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS
AT YOUR SOLE RISK. A4AMOBILE DOES NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE
SITE, THE CONTENT, THE SERVICES AND ALL OTHER MATERIALS ASSOCIATED IN ANY WAY WITH A4AMOBILE OR CONTAINED IN OR VIEWED ON THE SITE, LINKED TO OR FROM THE WEBSITE OR TRANSMITTTED FROM THE
WEBSITE OR ANY OTHER SOURCE TO MOBILE DEVICES ARE PROVIDED "AS IS"
AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND AND, TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, A4AMOBILE, ITS PARENT
AND SUBSIDIARIES AND ANY A4AMOBILE CLIENT AND BUSINESS PARTNERS, AND EACH OF
THEIR RESPECTIVE VENDORS, AGENTS, LICENSORS, LICENSEES, OFFICERS, DIRECTORS,
SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, THE "A4AMOBILE COVERED
ENTITIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND WARRANTIES AGAINST INFRINGEMENT REGARDING THE ACCURACY, TIMELINESS
OR COMPLETENESS OF THE SERVICES, CONTENT AND/OR ANY OFFERS OR THE ABSENCE OF
VIRUSES FROM THE SITE, THE SERVERS OR EMAILS SENT FROM A4AMOBILE.
UNDER NO CIRCUMSTANCES WILL ANY A4AMOBILE COVERED ENTITIES BE
LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, INJURIES, ACTIONS, DAMAGES, COSTS
OR EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES
(COLLECTIVELY, "DAMAGES") IN ANY WAY ARISING OUT OF OR RESULTING FROM
THE SITE OR YOUR USE OF THE SITE; THE SERVICES; THE CONTENT; ANY OFFERS; ANY
GOODS OR SERVICES OBTAINED THROUGH THE SITE OR BY MOBILE DEVICE IN CONNECTION
WITH ANY OFFERS (INCLUDING, WITHOUT LIMITATION, ANY GOODS OR SERVICES OBTAINED
BY A MINOR); ANY MODIFICATION OR SUSPENSION OF THE TERMS OR YOUR STATUS AS A
REGISTERED USER; ANY DELAYS IN TRANSMISSION OF THE SITE OR THE CONTENT; ANY
FAILURE IN PERFORMANCE OF THE SITE; ANY COMPUTER VIRUSES; ANY ERRORS OR
DEFECTS; ANY INABILITY TO ACCESS, USE OR PRINT FROM THE SITE OR THE OFFERS; ANY
DAMAGE TO YOUR COMPUTER OR WIRELESS OR WIRED DEVICE THAT RECEIVES THE OFFERS;
OR ANY OTHER LOSS OF PROPERTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES,
PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ANY
A4A COVERED ENTITY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
Indemnification
You agree to indemnify and hold harmless the A4AMobile Covered
Entities from and against any and all claims, liabilities, losses, injuries,
actions, damages, costs and expenses (including reasonable attorneys' fees) in
any way arising out of or relating to your use of the Site any Services, any
Offer or your breach of any of the Agreement.
Assignment
You may not assign any of your rights or delegate any
obligations hereunder, in whole or in part, whether voluntarily or by operation
of law, without the prior written consent of A4AMobile. Any such purported
assignment or delegation by you without the appropriate prior written consent
of A4AMobile will be null and void and of no force or effect.
Miscellaneous
If any provision of these Terms of Use is held to be invalid or unenforceable
by any arbitrator, such provision shall be deemed superseded by a valid
enforceable provision that most closely matches the intent of the original
provision and the remaining provisions shall be enforced. A4AMobile's failure
to act with respect to a breach by any user or others does not waive A4AMobile's
right to act with respect to subsequent or similar breaches. The failure of A4AMobile
to exercise or enforce any right or provision of these Terms and Conditions
shall not constitute a waiver of such right or provision. The section headings
and subheadings contained in this Agreement are included for convenience only,
and shall not limit or otherwise affect the terms of this Agreement.
This Agreement shall be interpreted in accordance with the laws of
the State of New York without regard to conflict of laws principles. All claims
arising from this Agreement shall be referred to final and binding
arbitration, before a single arbitrator, under the commercial arbitration rules
of the American Arbitration Association in New York, New York. The arbitrator
shall be selected by you and the Company, and if you and the Company are unable
to reach agreement on selection of the arbitrator within thirty (30) days after
the notice of arbitration is served, then the arbitrator shall be selected by
the Company. Arbitration shall not commence until the party requesting it has
deposited Five Thousand Dollars ($5,000.00) with the arbitrator as a retainer
for the arbitrator's fees and costs. The party requesting arbitration shall
advance such sums as are required from time to time by the arbitrator to pay
the arbitrator's 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 the Company, and your and the Company's respective
administrators, executors, legal representatives, successors and assigns, and
may be entered in any court of competent jurisdiction. Notwithstanding the
previous sentence, in no event shall either you or the Company be entitled to
punitive, special, indirect, incidental or consequential damages, and both you
and the Company hereby waive your rights to any punitive, special, indirect,
incidental or consequential damages, including, but not limited to, damages for
any loss of profit, revenue or business. The jurisdiction and venue for any
action brought for purposes of compelling arbitration or enforcing an
arbitration award arising from, under or connected with this Privacy Policy
shall be exclusively in the state and/or federal courts in and for New York
County, New York, and each party hereby waives any objection to such jurisdiction
and venue based upon forum non conveniens or otherwise. The application of
the United Nations Convention on Contracts for the International Sale of Goods
is expressly excluded.
These Terms of Use, the Privacy Policy, the Mobile
Support Policy, and any additional Services Terms of Use made available to you
by A4AMobile, each as amended from time to time, represent the entire
understanding and agreement between the Subscriber and the Company regarding
the subject matter of the same, and supersede all other previous agreements,
understandings and/or representations regarding the same.
Copyright 2007 Arts4All, Ltd.
d/b/a/ A4AMobile
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