Konami Promo Terms and Conditions

BY foxsports • October 23, 2008

SMS TERMS AND CONDITIONS


Fox Sports en Español ("FOX") provides short message service updates, mobile alerts and mobile e-mail updates program as text messaging/mobile e-mail services (collectively, the "Service"). Please read these terms and conditions prior to using the Service. By using the Service, you agree to be legally bound by these terms and conditions and our Privacy Policy and Terms of Use. If you do not agree with these terms, please do not use the Service. Please note that to process your requests for this Service, you may be charged a fee to send and receive messages based on the terms of your wireless service. Check with your wireless service provider if you have questions about your service plan. Fox can, without notice, change or discontinue the services, begin charging fees or increase its current fees for the Service or make any other modifications to these special terms at any time by giving you notice prior to the time in which the charges or other changes would go into effect. If you choose to use the Service after that point, you are accepting such changes. If you disagree with the changes, your only remedy is to discontinue using the Service.

Privacy

Fox respects your privacy. We will only use information you provide to the Service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies. Please review our Privacy Policy and Terms of Use for further information.

Cancellation/Opt-Out

You can cancel your receipt of mobile alerts by texting the word "___CANCELAR_____" to ___372672____.

Disclaimer of Warranties for the Services

Since the Services are delivered via your wireless service provider's network, Fox cannot warrant or promise that the Services and corresponding software will work with all wireless products or be available at all times and at all locations. Fox cannot warrant or promise that the Services will continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. THEREFORE, FOX OFFERS THE SERVICES ON AN "AS IS" BASIS. FOX CANNOT PROMISE OR WARRANT THE ACCURACY OR AVAILABILITY OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. TO THE FULLEST EXTENT OF THE LAW, FOX MAKES NO REPRESENTATIONS OF WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF ACCURACY CONCERNING THE SERVICES AND THEIR SOFTWARE. Fox is not responsible for any lost, incomplete, late, damaged, or misdirected text messages; failures or malfunctions of phones (including wireless phones/handsets), phone lines or telephone systems, cellular equipment towers, wireless services or other communications malfunctions; interrupted or unavailable networks or servers; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion; or for any other technical problem.

Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH FOX REGARDING THE SERVICES IS TO STOP USING THE SERVICES. IN NO EVENT SHALL FOX BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES AND SOFTWARE OR INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY, AND IN NO EVENT SHALL FOX'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THE SERVICES IN QUESTION.


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