Effective Date: April 2020
 

PLEASE READ THESE TERMS CAREFULLY. THEY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE.
 

Welcome to the Vibe® website (the “Site”).  The Site is provided by Sinomax USA, Inc. (collectively, “Sinomax”, “we”, or “us” or “our”).  By “Site”, we mean any Internet domain address where these Terms are posted and all features, functionality, applications, content, and downloads that are operated by us and that are available through or interact with it, and/or post links to these Terms.   

Acceptance of the Terms of Use
 

By visiting or otherwise using the Site in any manner, you accept and agree to be bound and abide by: (a) these Terms; (b) any guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions applicable to your use of the Site or to a service or product offered via the Site (“Additional Terms”); and (c) our Privacy Policy, found at PRIVACY POLICY, incorporated herein by reference. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
 

These Terms affect your legal rights, responsibilities and obligations and govern your use of the Site and are legally binding. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Site and uninstall Site downloads and applications.
 

Updates to These Terms and Additional Terms

We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Site as more fully explained here.
 

Table of Contents
 

It is important that you read and understand these entire Terms before using the Site.  This table of contents further highlights some key issues and points and you can click on the headings to be taken to the full explanation.
 

1. OVERVIEW OF TERMS

2. OWNERSHIP; CONTENT; RIGHTS TO USE THE SITE AND CONTENT

3. ACCOUNTS

4. CONTENT YOU SUBMIT AND COMMUNITY USAGE RULES

5. SITE & CONTENT USE RESTRICTIONS

6. WIRELESS; MESSAGING

7. NOTICES; QUESTIONS; CUSTOMER SERVICE

8. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT

9. PRODUCT SPECIFICATIONS; PRICING; ERRORS

10. THIRD PARTIES

11. DISPUTE TERMS; CLASS ACTION WAIVER; JURY WAIVER

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES; LIMITATIONS OF LIABILITY

13. CHANGES TO TERMS OF USE.

14. GENERAL PROVISIONS

15. ACCESSIBILITY.

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1.OVERVIEW OF TERMS
 

It is important that you read these entire Terms, but below are some of the more significant terms that we want to bring to your attention (click on section references for details). The complete provisions, and not the headings or summaries, govern.
 

• Applicability of Terms

  • Each time you use the Site, these Terms and any Additional Terms apply.  Any updates to them will apply to you; so you should check back each time you return for any updates.

  • You consent to our Privacy Policy and our practices detailed in it.
     

• Grants and Limitations of Rights

  • We only grant you a limited revocable license to use the Site subject to rules and limitations.

  • You grant us a broad license to the content you submit and to your profile. You retain ownership of and responsibility for your content.  We have the right to manage our Site to keep its content appropriate.

  •  Your use of our Site is subject to various restrictions designed to protect the Site and users.
     

• Limitations on Your Remedies

  • We disclaim most warranties and provide the Site and Content “As Is”. 

  • Our liability is greatly limited.

  • Your equitable or injunctive relief rights are limited.
     

• Dispute Resolution

  • You agree to waive jury trial and class actions.
     

• Availability of Site

  • We may change or discontinue our Site, or your right to access it, in whole or in part. Our Site is intended for access from and use in the U.S.A.

 

2. OWNERSHIP; CONTENT; RIGHTS TO USE THE SITE AND CONTENT.
 

A. Content. The Site contains a variety of: (i) materials and other items relating to Sinomax and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material (including source and object code); and (ii) copyrights, patents, trademarks, service marks, trade names and other intellectual property rights (collectively, “Intellectual Property”). All of the foregoing may be collectively referred to as “Content”.
 

B.  Ownership.  The Site and the Content are owned or controlled by Sinomax, our licensors, and certain other third-parties. All right, title, and interest in and to the Content available via the Site is the property of Sinomax, our licensors or certain other third-parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Sinomax owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
 

C. Your Rights to Use the Site and Content.
 

Subject to your strict compliance with these Terms and the Additional Terms, Sinomax grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to the Sinomax Licensed Elements (as defined below). You may only, for your personal, non-commercial, lawful use the following (collectively, the “Sinomax Licensed Elements”):

(i) Display, download, view, use, and play the Content on a computer or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;

(ii) Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Site;

(iii) Subject to any applicable Additional Terms, if the Site includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;

(iv) If the Site includes a “Download” link next to a piece of content (including an image, an icon, a wallpaper, a music track, a video, an RSS feed), you may only download a single copy of such content to a single Device;

(v) If made available to you, obtain a registered personal account (and/or related username and password) on the Site and interact with the Site in connection therewith;

(vi) Link to the Site from a website or other online service, so long as: (1) the links only incorporate text, and do not use any Sinomax names, logos, or images, (2) the links and the content on your website do not suggest any affiliation with Sinomax or cause any other confusion, and (3) the links and the content on your website do not portray Sinomax or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Sinomax. Sinomax reserves the right to suspend or prohibit linking to the Site for any reason, in its discretion, without advance notice or any liability of any kind to you or any third-party; and

(vii) Use any other functionality expressly provided by Sinomax on or through the Site for use by users, subject to these Terms (including functionality to create and/or post User-Generated Content (as defined below)) and any applicable Additional Terms.

This limited license does not give you any ownership of, or any other intellectual property interest in, any Content, and may be immediately suspended or terminated for any reason, in Sinomax’s discretion, and without advance notice or liability.

C. Rights of Others. In using the Site, you must respect the Intellectual Property and rights of Sinomax and others. Your unauthorized use of Content may violate the rights of others and applicable laws, and may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed via the Site, see Section 8 below.

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3.  ACCOUNTS.

A. Accounts.  In order to access or use some of the features on the Site, you may need to register with us or create an account.  If you register with us or create an account: (i) you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account; (ii) the account may only be set up by an authorized representative of the individual that is the subject of the account; (iii) usernames and passwords must be personal and unique, must not violate the rights of any person or entity and must not be offensive. We may reject the use of any password, username, or email address for any reason in our discretion; (iv) you are solely responsible for your registration information and for updating and maintaining it; (v) you will immediately notify us here of any unauthorized use of your account, password, or username, or any other breach of security (but you will remain responsible for any unauthorized use thereafter); and (vi) you will not sell, transfer, or assign your account or any account rights.

B. Profiles. We may, either directly or through a third-party partner, periodically permit you to set up private, semi-private and/or public profile pages (“Profile Page(s)”) that allow you to provide and/or display information about you. Your Profile Page may not include any form of prohibited UGC, as outlined in Section 2 above and in our Rules. Without limiting the foregoing, Profile Pages may not include content regarding goods or services that you are attempting to sell through the Site and cannot be used to conduct commercial activities, including transactions, advertising, fundraising, contests or other promotions. We may offer you the ability to set preferences relating to your profile or Site activities, but settings may not become effective immediately or be error free and options may periodically change. We assume no responsibility or liability for users’ profile material. Your profile information, including your photo, may be used by us for identity management and fraud prevention on and off the Site.

C.  Personal Information.  The Site’s practices governing any collection and use of your personal information resulting from Accounts and Profile Pages are disclosed in our Privacy Policy.  If you are under the age of 18, then you are not permitted to register as a user, create a Profile Page or otherwise submit personal information to us.

D.  No Liability.  We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the obligations in this Section 3.  We do not review accounts or Profile Pages for authenticity and are not responsible for any unauthorized accounts or Profile Pages that may appear on the Site. For any dispute as to account or Profile Page creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice. Such resolution may include deleting or disabling access to accounts and/or Profile Pages, or any portion thereof, at any time, without notice.

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4. CONTENT YOU SUBMIT AND COMMUNITY USAGE RULES.

A. User-Generated Content.

(i) General. Sinomax may now or in the future offer users of the Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Sinomax Licensed Elements included therein, “User-Generated Content” or “UGC”).   Sinomax may allow you to submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation and posting tools, social communities, contact us tools, email, and other communications functionality. Except to the extent of the limited rights and license you grant in these Terms and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.

(ii) Non-Confidentiality of Your UGC. Except as otherwise described in our Privacy Policy, or any applicable Additional Terms, you agree that: (a) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) Sinomax does not assume any obligation of any kind to you or any third-party with respect to your UGC.  Upon Sinomax’s request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security, and you will consider this before submitting any UGC and do so at your own risk. 

In your communications with Sinomax, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed UGC and licensed to us as set forth below. In addition, Sinomax retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Sinomax’s receipt of your Unsolicited Ideas and Materials is not an admission by Sinomax of their novelty, priority, or originality, and it does not impair Sinomax’s right to contest existing or future Intellectual Property rights relating to your Unsolicited Ideas and Materials.

(iii) License to Sinomax of Your UGC. Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules, which specifically govern the submission of your UGC), you hereby grant Sinomax the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. These granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials; and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Sinomax to your UGC, you also hereby grant to Sinomax, and agree to grant to Sinomax, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or compensation to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 2.A(iii).

(iv) Sinomax’s Exclusive Right to Manage Our Site.  Sinomax may, but has no obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC. Sinomax may, in its discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third-party in connection with our operation of UGC venues in an appropriate manner, such as to enhance accessibility of UGC, address copyright infringement and protect Users from harmful UGC. We may, but do not commit to, do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third-parties or these Terms or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Site by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Site or elsewhere, except as provided for in the Privacy Policy.

(v) Representations and Warranties Related to Your UGC.   Each time you submit any UGC, you represent and warrant that: (a) you are at least 18 and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit; (b) you are the sole author and owner of the Intellectual Property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Sinomax the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Sinomax obligation to obtain consent of any third-party and without creating any obligation or liability of Sinomax; (c) the UGC is accurate; (d) the UGC does not and, as to Sinomax’s permitted uses and exploitation set forth in these Terms, will not infringe any Intellectual Property or other right of any third-party; and (e) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

(vi) Enforcement. Sinomax has no obligation to monitor or enforce your Intellectual Property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf (at Sinomax’s cost and expense, to which you hereby consent and irrevocably appoint Sinomax as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest). 

B. Community Usage Rules. As a user of the Site, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Site’s online communities (“Communities”).

(i) Nature of Rules. Your participation in the Communities is subject to all of the Terms, including the following Rules:

•  Your UGC. All of your UGC either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any applicable Additional Terms. Your UGC should not contain any visible logos, phrases, or trademarks that belong to third parties.  You must not use any UGC that belongs to other people and pass it off as your own (including any content that you might have found elsewhere on the Internet). If anyone contributes to your UGC or has any rights to your UGC, or if anyone appears or is referred to in the UGC, then you must also have their permission to submit such UGC to Sinomax (for example, if someone has taken a photograph or video of your friend and, and you submit it as your UGC, then you must obtain your friend’s and the photographer’s/videographer’s permission to do so).   If you choose to submit photos to the Site, link to embedded videos, or include other images of real people, then make sure they are of you of you with someone you know – and only if you have their express permission to submit it.

•  Act Appropriately. All of your Site activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your UGC might offend someone or be embarrassing to someone, then chances are it most likely will and it does not belong on the Site. Offensive language, harassment, stalking, insulting comments, gossip, personal attacks, and similar actions are prohibited. Your UGC must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, or handicap. Your UGC must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit. Your UGC must not exploit children.

•  Do Not Use for Commercial or Political Purposes. Your UGC must not advertise or promote, or criticize or disparage, a product or service or other commercial activity, or a politician, public servant, or law.

•  Do Not Use to Solicit or Send Unwanted Communications. Do not harvest or collect email addresses or other contact information of others from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Do not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes. This also includes not uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

•  Do Not Use for Inappropriate Purposes.  Your UGC must not promote any infringing, illegal, or other similarly inappropriate activity.

•  Do Not Misrepresent Yourself or Your UGC. Do not impersonate any other person, user, or company, and do not submit UGC that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company. In the event you receive anything in consideration from us with respect to your UGC (e.g., coupons, sweepstakes entries, etc.) you represent you will include disclosure of the receipt of this consideration clearly and conspicuously as part of the UGC and include any other disclosures we may require.

•  UGC Viewable by Others. We hope that you will use the Communities to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Communities are public or semi-public and UGC that you submit on the Site within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) on Community spaces and take care when otherwise disclosing this type of information to others. 

•  Don’t Share Other People’s Personal Information. Your UGC should not disclose another person’s address, phone number, email address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Sinomax (e.g., an email address to send an email invite to a friend).

•  Don’t Damage the Site or Anyone’s Computers or Other Devices. Your UGC must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Site or any computer or other Device.

If you submit UGC that Sinomax reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate. However, we are not obligated to take any action not required by applicable law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the UGC in question being removed from the Site.

(ii) Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.

C.  Appropriate Content and Alerting Us of Violations. We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate.  If you discover any content that violates these Terms or any applicable Additional Terms, then you may report it here. For alleged infringements of Intellectual Property rights, see Section 8. 

 

5. SITE AND CONTENT USE RESTRICTIONS.

A. Site Use Restrictions. You agree that you will not: (i) use the Site for any political or commercial purpose (including for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Sinomax; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Site by any means whatsoever or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Sinomax, or other users of the Site; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.

B. Content Use Restrictions.  You also agree that, in using the Site, you will: (i) not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) not frame or utilize framing techniques to enclose any the Content (including any images, text, or page layout); (iii) keep intact all trademark, copyright, and other Intellectual Property and other notices contained in the Content; (iv) not use the Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) not make any modifications to the Content (other than to the extent of your specifically permitted use of the Sinomax Licensed Elements, if applicable); (vi) not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit the Content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Sinomax or, in the case of content from a licensor, the owner of the content; or (vii) not insert any code or product to manipulate the Content in any way that adversely affects any user experience or the Site.

C. Availability of Site and Content. Sinomax, in its discretion without advance notice or liability, may immediately suspend or terminate the availability of the Site and/or Content (and any elements and features of them), in whole or in part, for any reason. 

D. Reservation of all Rights Not Granted as to Content and Site. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Site and Content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY SINOMAX AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Site for any purpose is prohibited.         

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6. WIRELESS; MESSAGING.
 

A. Wireless Features. The Site may offer certain features and services via your wireless Device. Features and services may include the ability to access the Site’s features, upload content to the Site, receive messages from the Site, and download applications to your wireless Device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Site for Wireless Features, then you agree to notify Sinomax of any changes to your wireless contact information (including phone number) and update your accounts on the Site to reflect the changes. These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when the Site is running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your Device through your Device and/or app settings. 

B. Email Messages. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. Subsequent or different subscriptions will be unaffected by an opt-out.   Also, if your opt-out is limited to certain types of emails, the opt-out will be so limited. We reserve the right to send you a message confirming any opt-out as well as non-marketing administrative, transactional or account related messages.

C. Text Messages. You may be given opportunities to subscribe to various text marketing or other text messaging programs and, by doing so, you consent to receive ongoing text alerts from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited, that subscription will be so limited. Such consent is not required to purchase any product or service aside from the text subscription itself. For each subscription, text “HELP” for help and text “STOP” to terminate (i.e., opt-out of) that subscription. Subsequent or different subscriptions will be unaffected by an opt-out.  We reserve the right to send you a text confirming any opt-out as well as non-marketing administrative, transactional or account related text messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent or to which you later consent (to the extent specified). Alerts auto-renew unless otherwise specified when you consented. Your consent to receive text messages is not a condition of any purchase, and no purchase is necessary. You understand that we may send mobile text messages using automated technology. If you subscribe to text messages, you represent that you are 18 years of age or older or have obtained parental consent.  We are the sponsor of our text messages. 

 

D.  Charges.  In connection with the Wireless Features, email messages and text messages, standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Not all phones and/or carriers are supported. Contact your carrier for details or with questions regarding these issues.