PhillyMobile SERVICES ARE AVAILABLE ON MOST CARRIERS
Terms and Conditions
Important: This is a legal agreement between Zebra Mobile Marketing, LLC ("ZebraMobile")Philadelphia Media Holdings, and the user ("you"). Please read the following terms carefully. By subscribing to the PhillyMobile service you agree to these terms and conditions whether or not you have read them. If you do not agree to this, you may not access or otherwise use the service. Zebra Mobile Marketing, LLC or Philadelphia Media Holdings may modify the terms and conditions from time to time. Please continue to review this page whenever you access or use the PhillyMobile service. Your continued use of the service will signify your acceptance of any amended terms and conditions.
1. Mobile Alerts: Mobile Alerts consist of the forwarding of information that has been provided by Zebra Mobile Marketing, LLC or our partners to you that you have requested from PhillyMobile. The information will be provided as a text message via your mobile phone carrier to your mobile device.
The type of information which you ask PhillyMobile to send you is determined by the selections you make on the website maintained by Zebra Mobile Marketing, LLC or PhillyMobile. The Mobile Alerts service is maintained 24 hours a day, but Zebra Mobile Marketing, LLC or PhillyMobile does not warrant that the Mobile Alerts service will be uninterrupted or error free.
There is no additional fee charged by Zebra Mobile Marketing, LLC or PhillyMobile for receiving the Text Alert messages. However, standard charges apply from your mobile phone carrier.
2. User's Responsibility: When you register to receive the Mobile Alerts, you warrant that you are the legal owner of the mobile device which you registered to receive Mobile Alerts messages, or that you are authorized to incur any charges that may result from receiving the Mobile Alerts messages. When you register for the Mobile Alerts messages, you must provide accurate and current information regarding your identity.
3. Personal Information: You will need to provide Zebra Mobile Marketing, LLC with some personal information in order to subscribe to receive the Mobile Alerts messages. The personal data you provide when you subscribe is the property of Zebra Mobile Marketing, LLC and PhillyMobile and will be used in accordance with applicable privacy policies.
4. Text Messages: Zebra Mobile Marketing, LLC forwards the information that you have requested in the form of text messages from our partners. Zebra Mobile Marketing, LLC is not responsible for the contents of any information that is sent to your mobile device, since it is not the originator of this content. Zebra Mobile Marketing, LLC or PhillyMobile can make no representations or warranties as to the accuracy or reliability of the contents and accuracy of that information.
We shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of Zebra Mobile Marketing, LLC such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.
5. Message Frequency: Messages will be sent at various frequencies depending on the frequency or urgency of the message. Messages are sent at different times of the day or days of the week.
6. Limitation of Liability: Zebra Mobile Marketing, LLC or PhillyMobile liability under this Agreement shall be limited to the charge (if any) made in respect of the message in respect of which such liability arose. PhillyMobile shall in no circumstances accept any liability in contract, tort (including negligence and breach of statutory duty) for:
Any loss of direct or indirect profit or business, goodwill, contracts, revenues, management time, wasted e xpenses, anticipated savings or loss of or damage to data or arising from loss of data; or
Any increased costs or expenses; or
Any indirect or consequential loss or damage of any nature whatsoever.
Nothing in these terms and conditions shall affect either party's liability with respect to fraud, death or personal injury.
7. Intellectual Property: The Service is provided solely for your personal use. You may not publish, copy, re-distribute or otherwise exploit any information that you receive via the Mobile Alerts messages for any commercial purpose. The information that you receive via the Mobile Alerts maintains the intellectual property rights of Zebra Mobile Marketing, LLC, PhillyMobile or its partners and you acknowledge that you acquire no license or other rights in respect to the Mobile Alerts messages, except to the extent required for your use of the Mobile Alerts messages in accordance with these Terms and Conditions.
8. Terminating Service: Zebra Mobile Marketing, LLC may suspend or terminate the Service at any time with immediate effect where Zebra Mobile Marketing, LLC has good reason to believe that you have violated any of these Terms and Conditions.
Zebra Mobile Marketing, LLC may request that excessive users of the Mobile Alerts reduce their use of the Mobile Alerts and Zebra Mobile Marketing, LLC may, in its sole discretion suspend your use of the Mobile Alerts if you do not abide by any such request.
Zebra Mobile Marketing, LLC may, in any event, be entitled to suspend its provision of the Mobile Alerts at any time for either routine maintenance or to terminate this agreement immediately if we receive notice that your contract with your mobile phone carrier has been cancelled.
Termination of this Agreement for any reason shall not affect the accrued rights and obligations of either Zebra Mobile Marketing, LLC or PhillyMobile or you, including (without limitation) the right to recover damages against the other.
You may alter or cancel your subscription to the Mobile Alerts Service or any parts of it on the WebPages you subscribed at. Or you can unsubscribe to all Alerts by replying to a message with any of the following words: End, Stop, Quit or Unsubscribe
9. Supported Carriers: The ability to receive Mobile Alert messages to your mobile device is dependent on individual mobile carrier agreements and the recipient’s individual wireless plan with their mobile carrier.
The Mobile Alert service is available to customers of the following wireless carriers: Alltel, AT&T Mobility (formerly Cingular), Boost Mobile, Cellular One (Formerly Dobson), Cellular South, Cincinnati Bell, Cricket (Leaps Wireless), Nextel, Sprint, T-Mobile, Verizon Wireless, Virgin Mobile
10. General: If any provision of this Agreement is held to be illegal, invalid or unenforceable, whether in whole or in part, the enforceability of the remainder of this Agreement shall not be affected.
The ability to receive Mobile Alert messages to your mobile device is dependent on individual mobile carrier agreements and the recipient’s individual wireless plan with their mobile carrier.
11. Help: Subscribers may request additional help regarding the Mobile Alert service by visiting http://www.philly.com/philly/about/contact_list/ or sending an email to phillymobile@zebramm.com
Zebra Mobile Marketing, LLC
PO Box 498305
Cincinnati, OH 45249