PLEASE READ THE AT&T LOCKER AND AT&T ACCESS ID TERMS BELOW. The Locker application is licensed to You for Your personal use. You will not use the AT&T Locker Service to post Content You do not own or have the owner's permission to post. If You choose to share Your Content by sending an email or invitation, that invitation may be forwarded and the recipient of the forwarded invitation will be able to view Your Content. You acknowledge when using the AT&T Locker application on AT&T's 2G network or other carriers' networks You will not be able to answer incoming calls. Incoming calls will be instead delivered to voicemail. By downloading, installing or using this app and/or AT&T Locker Service, You indicate that You have read and accept the AT&T Locker terms and the AT&T Access ID terms below and that You consent to the use of Your information in accordance with these terms. Data and messaging rates may apply to the use of this app and service.


AT&T Locker Terms of Service


This Agreement consists of three parts. Part I consists of the Terms governing AT&T's Locker Service whether accessed and utilized from the AT&T Locker Application on Your mobile device, which includes compatible handsets and compatible tablets when the AT&T Locker is available for compatible tablets (“Mobile Device(s)”), and/or compatible computers, laptops, and netbooks (“Computing Device(s)”) when the Locker Service is available for Computing Devices, or through a Web Interface; Part II grants a license to use the AT&T Locker Application on Your Mobile Device; and Part III contains General Terms and Conditions governing Your use of the AT&T Locker Service and the AT&T Locker Application (“Agreement”).


BY CLICKING THE “ACCEPT” BUTTON; USING THE AT&T LOCKER SERVICE; OR DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU ARE AGREEING TO THE TERMS AND CONDITIONS regarding access and use of the AT&T Locker service and the License Agreement in Part II regarding the AT&T Locker Application if You download the Application to Your mobile Device, the AT&T Acceptable Use Policy located at ATT.COM/AUP, and the AT&T Privacy Policy located at ATT.COM/PRIVACY, each as amended from time to time, which policies are incorporated herein by reference.


These terms are an agreement between You and AT&T Mobility LLC and its affiliates (individually and collectively, “AT&T”). “You” and “Your” in this Agreement refer to you, an individual, and/or to the company on whose behalf you accept this Agreement.


AT&T LOCKER SERVICE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE AT&T LOCKER SERVICE OR PROVIDE AT&T WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. IF YOU ARE 13 OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS. BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING, INSTALLING OR USING THE AT&T LOCKER APPLICATION, YOU AFFIRM THAT YOU ARE EITHER OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR ARE AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, AND TO ABIDE BY AND COMPLY WITH THIS AGREEMENT.


IF YOU ARE AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS AGREEMENT IS SUBJECT TO THE ARBITRATION CLAUSE OF YOUR APPLICABLE WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU ARE NOT AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE IS SUBJECT TO THE ARBITRATION PROVISIONS WHICH ARE INCLUDED IN PART III OF THIS AGREEMENT.


PART I. AT&T LOCKER SERVICE


Requirements: AT&T Locker requires internet access, a compatible Mobile Device if You download the AT&T Locker application to Your Mobile Device, or a Compatible Computing Device. You further agree to use the means specified by AT&T to access your AT&T Locker, such as a User ID and password.


AT&T Locker is intended for use by US residents. Any non-US resident who chooses to utilize AT&T Locker is subject to U.S. laws and not governed by any foreign laws, and all personal information will be subject to the AT&T privacy policy and will be stored in the U.S. or any other location that AT&T chooses.


Non-Availability of AT&T Locker/AT&T Locker 2G Disclosure: AT&T Locker or any feature or part thereof, may not be available in all locations and AT&T makes no representation that AT&T Locker, or any feature or part thereof, is available for use in any particular location. If You are not an AT&T Wireless Service subscriber, You may not be able to access certain functions of AT&T Locker if You are using Your carrier's network. AT&T Locker may also be unavailable at times, due to maintenance, repair, or software or system upgrades. In some instances, AT&T may need to stop the provisioning of AT&T Locker, either temporarily or permanently. You agree that AT&T shall not be liable to You or any third party for any modification or cessation of AT&T Locker. If You are using the AT&T Locker Application on Your Mobile Device in a 2G area or on another carrier's network, incoming calls will be delivered to Your voicemail.


Your Rights and Obligations


User Conduct: Compliance with Law and AT&T's Acceptable Use Policy: You must use AT&T Locker only in a manner consistent with these Terms, AT&T's Acceptable Use Policy (AUP) at www.att.com/AcceptableUsePolicy, AT&T's Wireless Customer Agreement, and any and all applicable local, state, national laws and regulations. You agree You will not share Your User ID and password for AT&T Locker with others.


Content: You understand all information, data, text, software, music, sound, photographs, graphics, videos, documents, files, messages, tags, or other materials ("Content"), whether publicly posted, shared, or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that You, and not AT&T, are entirely responsible for all Content that You upload, post, email, transmit, share or otherwise make available. AT&T does not filter, edit, or control the Content posted via AT&T Locker and does not guarantee the accuracy, integrity or quality of such Content. AT&T shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Content that is illegal, violates these Terms or the AUP, or exposes AT&T to any risk of claims, lawsuits or liability. You agree You are solely responsible for (and that AT&T has no responsibility to You or to any third party for) any Content that You create, post, upload, email, transmit, display or share. You are responsible for protecting and enforcing Your rights as to any of Your Content, not AT&T. Under no circumstances will AT&T be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content created, posted, uploaded, emailed, transmitted, shared, displayed, or otherwise made available via AT&T Locker.


Your Representations and Warranties regarding Content: You represent and warrant that: (i) You own the Content posted, uploaded, shared, or distributed by You on or through AT&T Locker; (ii) the posting, uploading, sharing, distribution and/or use of Your Content on or through the AT&T Locker does not violate the privacy rights, publicity rights, copyrights, contract rights, trademark rights, intellectual property rights or any other rights of any person; and (iii) the posting, uploading, sharing, and/or distribution of Your Content does not result in a breach of contract between You and a third party. You agree to pay for all royalties, fees, and any other monies owing any person, by reason of Content You post, upload, share, distribute on or through AT&T Locker. You further agree You shall not remove, obscure, or alter any trademark or copyright to any Content and You will not use any trademark, trade name, logo that is likely or intended to cause confusion about the owner or authorized user of such marks. AT&T or its collaborators, licensors, or suppliers may, but have no obligation to, use AT&T Rights Management Technology to scramble any Content You do not own and that is protected by copyright, contract rights, intellectual property rights, or other rights of a third party. You may not use AT&T Locker to post, upload, share or distribute any Content protected by Digital Rights Management, or that is protected by privacy rights, publicity rights, copyrights, contract rights, trademark rights, intellectual property rights or any other rights of any person, and if You do so, AT&T may immediately disable Your use of AT&T Locker.


Sharing of Content: If You share Your Content in public areas on the internet or in shared areas on the internet available to others, such as social networking sites, then You agree that anyone that You have shared Your Content with may use that Content and share that Content with others. When You give others access to Your Content, You grant them free, non-exclusive permission to use, reproduce, distribute, display, transmit, communicate, and to forward Your Content to others. In addition, if You choose to share Your Content by sending an email, message, or invitation, that email, message, or invitation may be forwarded and the recipient of the forwarded email, message, or invitation will be able to view Your Content.


Request to Remove Content: You can remove Content from Your AT&T Locker by deleting it. AT&T does not and is not responsible for removing Content you post on third party sites. It is Your responsibility to contact such third party sites to have Your Content removed. When Your AT&T Locker service is terminated, AT&T reserves the right to immediately delete all Content, all data, files, and other information stored in or for Your AT&T Locker account without further notice to You. Deleted Content cannot be recovered. AT&T will not be liable to You for any modification, suspension, or discontinuation of the AT&T Locker, or the deletion or loss of any Content. If You request termination of the AT&T Locker You should transfer Content to another site or store somewhere else beside AT&T Locker, before You request termination. If AT&T terminates Your AT&T Locker service because (a) You provide false or inaccurate information to AT&T; (b) You violate these Terms or the AT&T Acceptable Use Policy; (c) You engage in conduct that is a violation of any law, or regulation; or d) You do not pay us, You will not be able to transfer Content to another site or store it elsewhere.


Non-Solicitation: AT&T Locker shall not be used by You to solicit others to buy products and services. You shall not upload, post, email, message, transmit, share or otherwise make available any unsolicited or unauthorized advertising, promotional Content, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. Nor shall any part of the AT&T Locker service be used for commercial purposes. The unauthorized framing of or linking to AT&T Locker, or employing third-party promotional sites or software to promote profiles for commercial purposes, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from images, videos and/or AT&T Locker Content and accounts without notice or explanation and may result in disablement of Your AT&T Locker. You may not use AT&T Locker to offer for sale any Content.


You further agree to not use AT&T Locker to:

  1. upload, post, email, share, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harmful to minors in any way;
  3. impersonate any person or entity,or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through AT&T Locker;
  5. upload, post, email, transmit, share or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit, share or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of AT&T Locker or any AT&T or third party service; AT&T shall have the right in its sole discretion to quarantine and delete such Content.


Copyrighted music - You can only upload copyrighted music from Your personal computer to AT&T Locker. You agree to use such uploads of copyrighted music only to store and restore copyrighted music to Your personal computer. You agree You will not use AT&T Locker to distribute or share copyrighted music with others.


AT&T's Rights and Obligations


AT&T's Disclaimer of Ownership to Your Content: AT&T does not claim any ownership rights to the Content that You post on or through AT&T Locker and has no obligation to pay You for any of Your Content. When You post Your Content to AT&T Locker, You authorize and direct us to the extent necessary to provide the AT&T Locker service to use, modify, adapt, reproduce, distribute, and display Your Content as we deem necessary in order to facilitate the posting, sharing, distribution, and storage of Your Content , to transcode and/or reformat Content to allow its use, and/or to share and distribute Your Content over various public networks, shared areas available to others, and in various media. By agreeing to these Terms or Your use of the AT&T Locker service, You automatically grant, and You represent and warrant that You have the right to grant, to AT&T an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) share and distribute such Content, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You may remove Your Content from AT&T Locker at any time. If You choose to remove Your Content, the license granted above will automatically expire; however, You acknowledge that we may retain archived copies of Your Content.


Content Warranty Disclaimer: AT&T is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted, shared, or distributed on or through AT&T Locker, whether by AT&T Locker users or by any of the equipment or programming associated with or utilized in the AT&T Locker. As the providers of AT&T Locker, we are only a forum and are not liable for any statements, representations, or Content provided by You or others. Any opinions, advice or recommendations expressed therein are those of You or others providing such Content and not those of AT&T. We do not endorse any Content or any opinion, recommendation or advice expressed therein. AT&T is not responsible for the conduct, whether online or offline, of You or any user of AT&T Locker. AT&T assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of any AT&T Locker Account, Content, or communication. Under no circumstances shall AT&T be responsible for any loss or damage, including personal injury or death, resulting from use of AT&T Locker, from any Content posted, uploaded, shared, distributed, communicated, viewed on or through AT&T Locker, or from the conduct of any AT&T Locker user, including Your use, whether online or offline. AT&T cannot guarantee and does not promise any specific results from use of AT&T Locker.


Right to Reject or Remove Content: AT&T reserves the right, in its sole discretion, to reject, refuse to post, upload, distribute, or to remove any Content posted/uploaded by You, and/or to deny, restrict, suspend, or terminate Your access to all or any part of the AT&T Locker service at any time, for any or no reason, with or without prior notice or explanation, and without liability. If we terminate Your AT&T Locker or remove any of Your Content, AT&T has no obligation to preserve such Content or return Your Content to You. Deleted Content may be stored by AT&T in order to comply with certain legal obligations and is not retrievable without a valid court order.


Disclosure of Content and Information: You acknowledge, consent and agree AT&T may access, preserve and disclose Your Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to Your requests for customer service; or (v) protect the rights, property or personal safety of AT&T, its users and the public.


Third-Party Websites and Content: AT&T has no control over any online sites or Content (including, but not limited to, articles, documents, files, photographs, text, graphics, designs, music, sound, video, information), applications (including widgets), software or other items (Third Party Applications, Software or Content”), which are provided by companies or persons other than AT&T. Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by AT&T, and we are not responsible for any Third-Party Sites accessed through AT&T Locker. We are also not responsible for any Third-Party Applications, Software or Content accessed, shared, distributed, made available through or installed from AT&T Locker, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement by AT&T. If You decide to access Third-Party Sites or to use or install any Third-Party Applications, Software or Content, You do so at Your own risk and You should be aware that our terms and policies no longer govern. You are responsible for complying with and should review the applicable third party terms, fees, and policies, including privacy and data gathering practices, of any site to which You navigate or relating to any applications or widgets You use or install from the site. You further acknowledge and agree AT&T shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such Third-Party Site, Applications, Software or Content.


Practices Regarding Use and Storage: You acknowledge AT&T may establish general practices and limits from time to time concerning the use of the AT&T Locker, including without limitation the maximum number of days that uploaded Content will be retained by AT&T, the maximum number of emails or messages You may send or receive, the maximum amount/size of Content that may be sent from or received by You, the maximum size of any email or message that may be sent from or received by You, the maximum disk space/storage that will be allotted to You by AT&T, the maximum number of times (and the maximum duration for which) You may access the AT&T Locker in a given period of time, and the maximum number of invitations You may send others, and the maximum number of persons that can be included in an invitation. You may not send automated invitations to others to view and download Content from Your AT&T Locker. If You fail to comply with any practices AT&T establishes for AT&T Locker, AT&T may immediately disable and/or terminate Your use of AT&T Locker. You agree that AT&T has no responsibility or liability for the deletion or failure to store any emails, messages and other communications or other Content maintained or transmitted by AT&T in connection with AT&T Locker. AT&T also reserves the right to cease providing or to change any service features of AT&T Locker at any time and without notice.


You should not use AT&T Locker to store confidential or proprietary information of any kind, such as trade secrets, attorney client information, business records and plans, or sensitive personal information such as financial records, credit information, social security or other identifying information or medical information. You cannot use AT&T Locker to store Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act (“HIPAA”) and AT&T specifically disclaims any responsibility or obligation to act as a Business Associate under HIPAA.


In addition to the storage AT&T provides at no cost, AT&T may and You may choose to purchase additional storage space on AT&T Locker for a monthly recurring or other charge. Charges are only for AT&T Locker. Third-party web sites associated with AT&T Locker neither impose nor benefit from these charges. AT&T reserves the right to change at any time upon notice the amount of storage AT&T provides to You at no cost.


Account - You are responsible for the security of Your AT&T Locker account. AT&T is not liable for any unauthorized use of AT&T Locker or for any damage or loss that you may suffer as a result of any unauthorized use of Your AT&T Locker. You acknowledge that AT&T has the right to establish log in and log out procedures for accessing AT&T Locker and procedures for keeping You logged in, either indefinitely or for a period of time, unless You log out. You further acknowledge AT&T's right to require You to log in each time when accessing billing information and your profile information. AT&T is not responsible for others accessing Your AT&T Locker and Content, if Your Mobile Device or Computing Device is lost or stolen.


Prices: The price stated excludes all taxes and surcharges, unless stated otherwise. You are responsible for any taxes, surcharges, and for all other charges.


Standard Data Charges apply to Content that You upload from Your Mobile Device to the AT&T Locker or share, distribute with others or to Third Party sites, as well as, to Content You download from Your AT&T Locker, others, or Third Party Sites or Third Party Content, Applications or Software to Your Mobile Device, except when using a Wi-Fi connection . Standard data charges also apply when browsing Content in Your AT&T Locker from Your Mobile Device, except when using a Wi-Fi connection If You are not an AT&T Wireless customer, You must check with Your Wireless Carrier as to data charges. You are responsible for all data charges assessed by another carrier.


Standard Messaging Charges apply to all text messages or picture/video messages You send or receive in connection with AT&T Locker from and to Your Mobile Device. If You are not an AT&T Wireless customer, You must check with Your Wireless Carrier as to messaging charges. You are responsible for all messaging charges.


If traveling outside of Your domestic coverage area, AT&T or Your wireless carrier may charge international roaming rates when uploading/downloading/streaming Content to/from AT&T Locker, as well as, messaging, from Your wireless device. Check with Your wireless provider before traveling abroad for their international coverage/rates. Information on AT&T's International Roaming packages is available at www.att.com/worldpackages.


Subject to credit restrictions, You may bill charges to a major credit or debit card accepted by AT&T or other payment method accepted by AT&T. Credit restrictions apply.


Price Changes: We will inform You in advance of any price increase. We may use any reasonable means to inform of a price increase, including posting the price increase at the following URL site http://att.net/locker. If You do not agree to these price changes, Your sole remedy is to cancel and stop using AT&T Locker before the change take place. If You continue to use AT&T Locker after the price change has taken effect, You will be deemed to have agreed to the price increase.


Refund policies: Unless otherwise provided by law, all payments are nonrefundable.


Account Inactivity: AT&T may terminate Your account if You fail to login to Your account for an extended period of non-activity, which indicates to us Your non-use of the AT&T Locker service, and You do not pay for AT&T Locker storage or service.


Suspension/Termination of AT&T U-Verse Internet Access Service or DSL service: You are responsible for paying the fees charged by Your Internet access provider. If You subscribe to AT&T U-Verse internet service or AT&T DSL internet service, You will not be able to use AT&T Locker if You are delinquent in the payment of Your AT&T U-Verse internet service or Your AT&T DSL services, or if those services are suspended or terminated.


NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT


AT&T respects the intellectual property rights of others. It is our policy to respond to alleged notices of copyright infringement and to terminate Your use of AT&T Locker if You infringe on the copyright or intellectual property rights of others. If you are an entity, organization, or person who believes that your work has been copied and has been posted, stored or transmitted by or through AT&T Locker in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing AT&T's Copyright Agent the following written information:


  • 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 upon;
  • A specific description of where the material that you claim is infringing is located;
  • Your address, telephone number, and e-mail address;
  • A 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.

    AT&T's Copyright Agent for notice of claims of copyright infringement can be reached as follows:

    Manager of Security & Copyright Infringement 1800 Perimeter Park Drive, Suite 100 Morrisville, NC 27560 Phone: (919) 319-5737 Fax: (919) 319-8154 E-mail: copyright@att.com


For more information about AT&T's copyright protection practices under the DMCA and for information on how to contact AT&T's DMCA agent, please refer to www.att.net/legal/copyright.


AT&T reserves the right (but is not obligated) to investigate and take appropriate legal action against anyone who, at AT&T's sole discretion, violates this provision, including without limitation, removing the offending Content from AT&T Locker, suspending or terminating your AT&T Locker service, and reporting violations to law enforcement.


PART II. LICENSE GRANT


As used herein, “Application” includes, without limitation, any services specific to the Application (excluding, however, Your applicable wireless service plan), software code, scripts, interfaces, graphics, displays, text, images, artwork, music or video clips, documentation and other components or content and any updates, modifications or enhancements to these items accompanying the Application or this License.


This Application is licensed, not sold, to You by AT&T for use strictly in accordance with the terms and conditions of this License. If at any time after reviewing the Application You wish to terminate this License, You must un-install and remove the Application from Your Mobile Device(s), and delete any copy in Your possession.


Your use of the Application also may be governed by terms and conditions required by (i) any applicable third party content and service providers, (ii) the manufacturer and other providers of Your Mobile Device(s) and its hardware and software components, including its operating system, (iii) the online store or other applicable distributor through which You obtain the Application, including without limitation those listed in the “Third Party Terms” section of this License, (iv) Your applicable wireless service agreement, (v) any applicable open source or third party software license, and (vi) the terms or conditions governing Your personal accounts for web content services You access through the Application ((i) through (vi) collectively being referred to as the “Related Agreements”). No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting AT&T's rights and remedies or Your obligations under this License, or waiving any restrictions on Your rights to use the Application under this License. This License shall not have the effect of limiting, encumbering or otherwise restricting AT&T's rights and remedies or Your obligations under any Related Agreement between You and AT&T, or waiving any restrictions on Your rights under any Related Agreement between You and AT&T.


If AT&T makes any updates or upgrades to the Application available to You, such updates or upgrades shall be subject to the terms and conditions of this License unless the Application is provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply.


1. THE APPLICATION:

The Application allows You to use the AT&T Locker service on Your Mobile Device(s) to upload, download, and browse Content in Your AT&T Locker and to share Your Content with third parties and third party sites. Data and messaging rates may apply when You use this Application.


2. LICENSE GRANT AND USE RESTRICTIONS.

2.1 License Grant. Subject to the restrictions set forth in Section 2.2, AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the Application on Your Mobile Device(s) owned and controlled by You, and to access and use the Application on such Device(s) solely for Your personal use, strictly in accordance with the terms and conditions of this License, the above AT&T Locker Terms, the Related Agreements, and all applicable local, state, and national laws and regulations. You represent, warrant and agree that You are using the Application solely for Your own personal use and not for redistribution or transfer of any kind.

2.2 Restrictions on Use. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application, even for research purposes; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of AT&T or its collaborators, suppliers or licensors; (e) use the Application in a manner that derives revenue directly from such use, or use the Application for any other purpose for which it is not designed or intended; (f) distribute the Application to Mobile Devices not owned or controlled by You; (g) make the Application available over a network or other environment permitting access or use by multiple Devices or users at the same time; (h) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by AT&T; (i) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (j) use any proprietary information or interfaces of AT&T or other intellectual property of AT&T in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; (k) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application or the Mobile Device(s) or (m) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Application. You agree to abide by the rules and policies established from time to time by AT&T. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability or performance issues. These obligations survive termination of this License.


3. INTELLECTUAL PROPERTY RIGHTS.

3.1 Rights to Application. You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that You download, install, or use on Your Mobile Device(s)), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of AT&T or its collaborators, licensors, or suppliers. Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of AT&T and its collaborators, licensors and suppliers. Title to the Application shall remain with AT&T. AT&T and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Application (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by AT&T. These obligations survive termination of this License.

3.2 Open Source Software. The Application may utilize or include third-party software that is subject to open source license terms (“Open Source Software”). You acknowledge and agree that Your right to use such Open Source Software as part of the Application is subject to and governed by the terms and conditions of any applicable open source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, the “Open Source License Terms”). In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control.

Specifically, the Application uses Open Source Software that is licensed under the Apache License, Version 2.0 (the “License”); and you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/license/LICENSE-2.0.html. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.


The Application also uses Open Source Software Copyright (c) 2003-2006, Joe Walnes Copyright (c) 2006-2007, XStream Committers All rights reserved. THIS Open Source SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.


The Application may incorporate, use or access software that is subject to the following Open Source license terms:



Third Party Terms. The below Third Party Terms are incorporated herein and made part of this License: Apple, BlackBerry, Microsoft.


APPLE: Additional provisions and Usage Rules required by Apple, Inc. (“Apple”) may be found at http://www.apple.com/legal/itunes/appstore/us/terms.html. If Your Device is manufactured by Apple or if You obtain the downloadable Application through iTunes, You and AT&T acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this License, and that, upon Your acceptance of the terms and conditions of this License, Apple will have the right to enforce this License against You in its capacity as a third party beneficiary to the License. APPLE SHALL HAVE NO RESPONSIBILITY FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY RELATED TO THE APPLICATION OR YOUR USE OR POSSESSION OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO (i) PRODUCT LIABILITY CLAIMS, (ii) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (iii) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, OR (iv) ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTY, EXPRESS OR IMPLIED. IF YOU HAVE PAID ANY FEE TO APPLE FOR USE OF THE APPLICATION, IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND TO YOU THE PURCHASE PRICE PAID, IF ANY, FOR THE APPLICATION. APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION.


BlackBerry: (When Available) If Your Device is manufactured by BlackBerry (formerly Research In Motion Ltd.) or if You obtain the downloadable Application through the BlackBerry App World, You acknowledge and agree that BlackBerry and any merchant of record (“MoR”) that made this Application available to You within the BlackBerry App World are third party beneficiaries to this License, and that, upon Your acceptance of the terms and conditions of this License, both BlackBerry and any MoR will have the right to enforce this License against You in its capacity as a third party beneficiary to the License.


MICROSOFT: If You purchase or download the Application from the Windows Phone Marketplace, subject to all other provisions of this License: (a) notwithstanding paragraph 2.2(f) and (g), You may install and use one copy of the Application on up to five (5) mobile devices You personally own or control and which are affiliated with the Windows Live ID associated with Your Windows Phone Marketplace account. You may not install or use a copy of the Application on a device You do not own or control. (b) You acknowledge and agree that neither Microsoft, nor the manufacturer of Your Device(s) shall have any responsibility to provide to You any maintenance or support services in connection with Your use of the Application. (c) SUBJECT TO AND WITHOUT LIMITING THE GENERALITY OF PART III, SECTION 3, MICROSOFT'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APPLICATION.


PART III. GENERAL TERMS AND CONDITIONS


1. TERM AND TERMINATION. This Agreement and the License granted in Part II shall be effective until terminated. AT&T may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement and the License granted in Part II and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this Agreement or the License granted in Part II, then this Agreement and the License granted in Part II and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by AT&T. AT&T may immediately terminate or suspend Your use of all or a portion of AT&T Locker without notice if: (a) You provide false or inaccurate information to AT&T; (b) You violate these Terms or AT&T's Acceptable Use Policy, or the AT&T Wireless Customer Agreement; (c) You engage in conduct that is a violation of any law, or regulation (including, without limitation, copyright and intellectual property laws); or (d) You fail to pay any applicable charges. You acknowledge and agree that if AT&T terminates or disables Your access to AT&T Locker, You will be prevented from accessing AT&T Locker and Your Content. You may end Your use of AT&T Locker at any time by terminating Your AT&T Locker with AT&T. No refunds shall be granted for any fees paid in advance. You must pay all charges for AT&T Locker through the date of termination. Should You wish to resume AT&T Locker after any suspension or termination, a restoral of service fee may apply. This fee is in addition to all past due charges and other fees.


Upon the termination of this Agreement and the License granted in Part II, You shall cease all use of the AT&T Locker Service and uninstall the AT&T Locker application. AT&T may, without notice to You, disable the AT&T Locker Service. AT&T will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this Agreement or the License granted in Part II in accordance with its terms, and termination of this Agreement or License granted in Part II will be without prejudice to any other right or remedy AT&T may have, now or in the future. These obligations survive termination of this Agreement and the License granted in Part II.


2. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE AT&T LOCKER SERVICE AND APPLICATION, INCLUDING ALL CONTENT CONTAINED THEREIN, IS PROVIDED ON AN “AS IS' AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE AT&T LOCKER SERVICE AND APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE AT&T LOCKER SERVICE, APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS AGREEMENT AND LICENSE GRANTED IN PART II, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE AT&T LOCKER SERVICE, APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE AT&T LOCKER SERVICE, APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE AT&T LOCKER SERVICE OR APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE AT&T LOCKER SERVICE, APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR FROM THE AT&T LOCKER SERVICE OR THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE AT&T LOCKER SERVICE OR THE APPLICATION. you acknowledge that the AT&T LOCKER SERVICE AND Application IS not intended or suitable for use in situations or environments where the PERFORMANCE OF, USE OR misuse of, failure of, or errors or inaccuracies in the content, data or information provided by, the AT&T LOCKER SERVICE AND/OR Application could lead to death, personal injury, or severe physical, property, or environmental damage. AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT warrant that the AT&T LOCKER SERVICE AND/OR Application will be compatible or interoperable with your MOBILE DEVICE(s), Computing device(s) or any other piece of hardware, software, equipment or device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your mobile DEVICE(s), computing device(s) or other device(s) to diminish or fail completely, and may result in permanent damage to your mobile DEVICE(s), computing device(s), or device(s), loss of the data located on your mobile DEVICE(s), computing device(s), or device(s), and corruption of the software and files located on your mobile DEVICE(s), computing device(s), or device(s). you acknowledge and agree that AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, shall have no liability to you for any losses suffered, resulting from or arising in connection with compatibility or interoperability problems. Should the AT&T LOCKER SERVICE OR Application prove defective, you assume the entire burden of all necessary expenses, servicing, repair, or correction. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS LICENSE.


NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE RELATED AGREEMENTS MAY PROVIDE LIMITED REMEDIES TO YOU.


3. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL AT&T, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE AT&T LOCKER SERVICE, THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AT&T'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE AT&T LOCKER SERVICE OR THE APPLICATION, (ii) THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR THE AT&T LOCKER SERVICE DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS LICENSE.


4. INDEMNIFICATION. You shall indemnify, defend and hold harmless AT&T and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the AT&T Locker Service, the Application, or Third Party Content and Services; (ii) Your breach of this Agreement or the License granted in Part II; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party. You will promptly notify AT&T in writing of any third-party claim arising out of or in connection with Your access to or use of the AT&T Locker Service or the Application. These obligations survive termination of this Agreement and the License granted in Part II.


5. DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.


IF YOU ARE AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE AND AGREEMENT IS SUBJECT TO THE ARBITRATION PROVISIONS OF YOUR APPLICABLE WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU ARE NOT AN AT&T WIRELESS SERVICE SUBSCRIBER, THIS LICENSE AND AGREEMENT IS SUBJECT TO THE ARBITRATION PROVISIONS WHICH ARE INCLUDED IN THIS SECTION 5.


Summary:


Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-331-0500. In the unlikely event that AT&T's customer service department is unable to resolve a complaint You may have to Your satisfaction (or if AT&T has not been able to resolve a dispute it has with You after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this License and Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, AT&T will pay all costs of the arbitration. Moreover, in arbitration You are entitled to recover attorneys' fees from AT&T to at least the same extent as You would be in court.


In addition, under certain circumstances (as explained below), AT&T will pay You more than the amount of the arbitrator's award and will pay Your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards You an amount that is greater than what AT&T has offered You to settle the dispute.


5.1 Arbitration Agreement.

AT&T and You agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this Agreement, the License granted in Part II or any prior agreement (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and
  • claims that may arise after the termination of this Agreement and the License granted in Part II.


For purposes of this Section 5.1 only, references to “AT&T,” “You,” “Your” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the AT&T Locker Service, this Application, or of services or devices under this Agreement, the License granted in Part II or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude You from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on Your behalf. You agree that, by entering into this Agreement, You and AT&T are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.


5.2 A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office for Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AT&T and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at att.com/arbitration-forms.


5.3 After AT&T receives notice at the Notice Address that You have commenced arbitration, it will promptly reimburse You for Your payment of the filing fee, unless Your claim is for greater than $75,000. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If You are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this License, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at http://att.com/arbitration-information.) The arbitrator is bound by the terms of this License and Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless AT&T and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your billing address. If Your claim is for $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, You agree to reimburse AT&T for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules. In addition, if You initiate an arbitration in which You seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.


5.4 If, after finding in Your favor in any respect on the merits of Your claim, the arbitrator issues You an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator was selected, then AT&T will:

  • pay You the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
  • pay Your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that Your attorney reasonably accrues for investigating, preparing, and pursuing Your claim in arbitration ("the attorney premium").


If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, You and Your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards You any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.


5.5 The right to attorneys' fees and expenses discussed in paragraph 5.4 supplements any right to attorneys' fees and expenses You may have under applicable law. Thus, if You would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding You that amount. However, You may not recover duplicative awards of attorneys' fees or costs. Although under some laws AT&T may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award.


5.6 The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and AT&T agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.


5.7 Notwithstanding any provision in this Agreement and License to the contrary, we agree that if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address) while this Agreement and License is in effect, You may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this provision.


6. MISCELLANEOUS. The following provisions survive termination of this Agreement and the License granted in Part II:


6.1 Governing Law, Limitation on Actions. This Agreement and the License granted in Part II shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. This Agreement and the License granted in Part II shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, You and AT&T agree that any cause of action arising out of or relating to the AT&T Locker Service or the Application or Your use of the AT&T Locker Service or Application must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. This Section 6.1 is not intended to and does not alter any provisions of Your applicable wireless service agreement.


6.2 Contact Information. In the event that You have a question, complaint or claim regarding Your use of the AT&T Locker Service or Application, please call AT&T Customer Service by dialing 611 from Your Device if You are an AT&T Wireless service subscriber, or 1-800-331-0500.


6.3 Severability. If any provision of this Agreement or the License granted in Part II is held to be invalid or unenforceable with respect to a party, the remainder of this Agreement and the License granted in Part II, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this Agreement and the License granted in Part II shall be valid and enforceable to the fullest extent permitted by law.


6.4 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement or the License granted in Part II shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.


6.5 Jurisdictional Issues, Export Control. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that You are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You also agree that You will not use the Application for any purposes prohibited by United States law.


6.6 U.S. Government Restricted Rights. The AT&T Locker Service and the Application was developed at private expense and is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS and in similar clauses in the NASA FAR Supplement, and their successors, and all other Federal laws and regulations that protect Licensor rights in privately developed commercial software.


6.7 Performance or Benchmark Testing. You may not disclose the results of any benchmark test using the AT&T Locker Service or Application to any third party without AT&T's prior written approval.


6.8 AT&T Marks. You acknowledge and agree that the following company names and their related logos and all related product and service names, design marks and slogans are trademarks and service marks owned by and used under license from AT&T: “AT&T” (the “AT&T Marks”). You are not authorized to use the AT&T Marks in any advertising, publicity or in any other commercial manner without the prior written consent of AT&T, which may be withheld for any or no reason. These obligations survive termination of this License.


6.9 Modification or Amendment. AT&T may modify or amend the terms of this Agreement and the License granted in Part II at any time, with or without notice to You, by posting a copy of the modified or amended Agreement or License available through the Application or at www.att.com/wirelesslegal. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the AT&T Locker Service or Application following the date in which the modified or amended Agreement or License is made available through the Application or www.att.com/wirelesslegal.


6.10 Survival. Any provisions of this Agreement or License granted in Part II, which by their express language or by their context are intended to survive the termination of this Agreement or the License granted in Part II, shall survive such termination.


6.11 Third Party Beneficiaries. Except as explicitly provided in this Agreement or the License granted in Part II, or in the Related Agreements, nothing contained in this Agreement or the License granted in Part II, is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.


6.12 No Transfer by You. You may not rent, lease, lend, sublicense, assign or transfer the Application, this Agreement, or the License granted in Part II or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. These obligations survive termination of this Agreement and License granted in Part II. AT&T may assign this Agreement or the License granted in Part II without restriction.


6.13 Entire Agreement. This Agreement, including the License granted in Part II, including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the AT&T Locker Service and the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.


AT&T Access ID Terms of Service



AT&T Access ID is a service that allows you to establish and manage your online identity and use that identity to access or use other AT&T and third party services and applications (“Service”).


PLEASE READ THE FOLLOWING AT&T ACCESS ID TERMS OF SERVICE (“TERMS”) CAREFULLY. BY CREATING OR USING AN AT&T Access ID, YOU ARE AGREEING TO THESE TERMS as well as the AT&T Acceptable Use Policy located at att.com/aup, and the AT&T Privacy Policy located at att.com/privacy, each as amended from time to time, which policies are incorporated herein by reference.

These Terms are a legal agreement between AT&T Services, Inc., and its affiliates (individually and collectively, (“AT&T”) and you, an individual. AT&T may modify or amend these Terms at any time, with or without notice to you, by posting a copy of the modified or amended Terms at www.att.com/wirelesslegal. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Service following the date in which the modified or amended Terms are made available.

THE AT&T ACCESS ID IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE AN AT&T ACCESS ID OR PROVIDE AT&T WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. IF YOU ARE 13 OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS.

FOR THE PURPOSE OF ACCESSING AT&T ACCOUNT SITES (AS DEFINED BELOW), WITHOUT THE CONSENT OF A PARENT OR LEGAL GUARDIAN, NO PERSON IS PERMITTED TO ESTABLISH AN AT&T ACCESS ID AS THE “PRINCIPAL” UNLESS SUCH PERSON IS AT LEAST EIGHTEEN (18) YEARS OF AGE. BY THE ESTABLISHMENT OF AN AT&T ACCESS ID AS THE “PRINCIPAL” YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD, OR YOU HAVE THE CONSENT OF A PARENT OR LEGAL GUARDIAN. NO PERSON IS PERMITTED TO ESTABLISH AN AT&T ACCESS ID AS THE “SECONDARY” UNLESS SUCH PERSON IS AT LEAST THIRTEEN (13) YEARS OF AGE. BY CREATING OR USING AN AT&T ACCESS ID OR WHEN ACCESSING AT&T ACCOUNT SITES AS A “PRINCIPAL” OR “SECONDARY,” YOU AFFIRM THAT YOU ARE EITHER OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR ARE AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE TERMS AND IN THE RELATED AGREEMENTS, AND TO ABIDE BY AND COMPLY WITH THESE TERMS AND THE RELATED AGREEMENTS.

IF YOU ARE AN AT&T WIRELESS SERVICE SUBSCRIBER, THESE TERMS ARE SUBJECT TO THE ARBITRATION CLAUSE OF YOUR APPLICABLE WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU ARE NOT AN AT&T WIRELESS SERVICE SUBSCRIBER, THESE TERMS ARE SUBJECT TO THE ARBITRATION PROVISIONS WHICH ARE INCLUDED IN SECTION 10 OF THESE TERMS.

You may use your AT&T Access ID to access a variety of other AT&T and third party services, each with their own terms and conditions (“Related Agreements”). No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting AT&T's rights and remedies or your obligations under these Terms, or waiving any restrictions on your rights to use an AT&T Access ID. These Terms shall not have the effect of limiting, encumbering or otherwise restricting AT&T's rights and remedies or your obligations under any Related Agreement between you and AT&T, or waiving any restrictions on your rights under any Related Agreement between you and AT&T.

1. REGISTRATION AND PROFILE INFORMATION. In order to establish an AT&T Access ID, you are asked for certain information in order to confirm your identity as the person authorized to establish the AT&T Access ID. You will be required to provide certain information about yourself (such as identification and contact details) as part of the registration process for an AT&T Access ID or as part of your continued use of your AT&T Access ID, and You may provide, store, submit, upload, post, share or display other content including photos, graphics, videos, documents, messages, text, or other materials via your AT&T Access ID or through any other service that you associate with your AT&T Access ID; all such information that you provide, whether or not required, is collectively referred to as “Profile Information”. You are responsible for your Profile Information. You agree that your Profile Information is and will be kept accurate, correct and up to date. You are responsible for providing AT&T with current, accurate, complete, and updated information required to maintain your use of your AT&T Access ID. You are responsible for notifying AT&T of any changes in your profile or other data. It is important that you keep your contact e-mail address current. Failure to update your contact e-mail address may prevent you from receiving important notices. If you provide any Profile Information, particularly personally identifying information, that is, or that we have reasonable grounds to suspect is, untrue, inaccurate, not current or incomplete, AT&T may without notice suspend or terminate your AT&T Access ID and refuse any and all current or future use of an AT&T Access ID.

You can review and revise your Profile Information at any time. Under no circumstances will AT&T or its collaborators, suppliers, or licensors be liable in any way for any Profile Information, including, but not limited to, any errors or omissions in any Profile Information, or any loss or damage of any kind incurred as a result of the use or transmission of any such Profile Information. AT&T's use and disclosure of any such Profile Information, including use of such Profile Information for targeted advertising, is governed by the AT&T Privacy Policy at att.com/privacy.

AT&T needs your permission to use certain content in your Profile Information, like photos and videos, in order to provide this Service to you. To that end, you grant AT&T and its designees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your Profile Information (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed solely to provide this Service to you. AT&T is under no obligation to post or use any Profile Information that you may provide, and AT&T may remove your Profile Information at any time in its sole discretion. You represent and warrant that you own or otherwise control all necessary rights, consents and permissions to your Profile Information necessary to submit such material and to grant AT&T all of the license rights granted herein and that such submissions do not violate the privacy, publicity, or contract rights or any intellectual property or other rights of any person.

2. PASSWORD AND SECURITY. In order to complete your registration, you will need to create your AT&T Access ID and choose a password. In order to have a password with adequate security, certain password establishment rules will be systematically enforced. You must establish and maintain a password with adequate complexity to maintain the confidentiality of your customer information. Password proposals that are clearly inadequate will be rejected by the password establishment system. The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the Internet, AT&T will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that an AT&T Access ID is invulnerable to all security breaches, and AT&T makes no warranty, guarantee, or representation that use of an AT&T Access ID is protected from security threats or other vulnerabilities.

AT&T strongly recommends that you do not share your AT&T Access ID or password. You are solely responsible for maintaining the confidentiality of your AT&T Access ID and password(s). You are responsible for all activities and use that occurs under your AT&T Access ID, whether or not it occurs with your knowledge.

You agree to notify AT&T immediately if you suspect any unauthorized use of your AT&T Access ID or access to your password. You acknowledge that if AT&T disables access to your AT&T Access ID, you will be prevented from accessing any services requiring access via an AT&T Access ID. Without limiting any rights which AT&T may otherwise have, AT&T reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of your AT&T Access ID, including without limitation terminating your AT&T Access ID, changing your password, or requesting additional information to authorize use of your AT&T Access ID.

3. AT&T ACCOUNT SITEACCESS.

The AT&T Access ID process permits you to determine which AT&T online account management sites (‘AT&T Account Sites”) can be accessed using your AT&T Access ID. The AT&T Access ID cannot be used to access any of the AT&T Account Sites unless you have linked that Account Site to your AT&T Access ID. In order to link an Account Site to your AT&T Access ID you will be required to authenticate yourself using previously provided personal information or authentication credentials for the relevant Account Site. Subject to the immediately following proviso, once you have linked an Account Site to the AT&T Access ID, you will only be able to access the Account Site using the AT&T Access ID; provided, however, any AT&T member ID (established and used in connection with any AT&T DSL, dial Internet access, U-verse or AT&T Email accounts), can still be used to access such Account Sites. Once you link an Account Site to your AT&T Access ID, the AT&T Account Site cannot be accessed by anyone without your AT&T Access ID and password. You can decide to permit other persons to access the Account Site by affirmatively granting access rights to such person. Any person to whom you grant access rights will be required to establish a separate AT&T Access ID and password. Under such circumstances, the original person establishing the AT&T Access ID and linking the Account Site must be the account owner and is designated the “Principal.” Any person to whom access rights are granted will be deemed a “Secondary.” As a result, more than one AT&T Access ID may be associated with an Account Site, but only one AT&T Access ID is deemed Principal. Only the Principal AT&T Access ID may grant rights to access an Account Site. If you are a Principal and you grant access rights to a Secondary, you acknowledge and agree that you are solely responsible for the granting of these access rights and for any access to the Account Site by any Secondary.

During registration for your AT&T Access ID or when linking an Account Site providing access to a “CPNI Account,” you will be asked to designate a “Primary Contact Account.” If you do not designate a Primary Contact Account or if your designated Primary Contact Account is de-linked from your AT&T Access ID, and you do not designate a new Primary Contact Account, you acknowledge and agree that your Primary Contact Account will be (a) the remaining CPNI Account that is linked to your AT&T Access ID, if only one CPNI Account remains linked, or (b) the remaining CPNI Account first linked to your AT&T Access ID, if multiple CPNI Accounts remain linked. “CPNI Account” means an AT&T service account for telecommunications services (e.g., landline local and long distance voice service, wireless voice service) as well as voice over IP service, accessible at an Account Site. “Primary Contact Account” means the CPNI Account used to provide notice of certain account changes under the Federal Communications Commission's rules for customer information called “customer proprietary network information” or “CPNI.”

4. USE AND RESTRICTIONS ON USE. Subject to and conditioned upon your compliance with these Terms, you are granted a limited, non-transferable, non-sublicensable right and license to access the AT&T Access ID website and its content (“Site”) and create and use your AT&T Access ID for your personal, non-commercial use only, except as otherwise permitted. All rights not expressly granted hereunder are expressly reserved. Your access to Site as well as your use of the Service must comply with any and all applicable local, state, national and international laws and regulations.

You may not, directly or indirectly, use the Site or use or allow others to use your AT&T Access ID, or upload, distribute, transmit, communicate, link to, publish or access any data, information, software or material through the Site or using or otherwise in connection with your AT&T Access ID or using the Service, that:

  • violates or interferes with the rights of others or disrupts or inhibits any other user from using this Service or other affiliated or linked websites, material, contents, products and/or services;
  • is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
  • infringes someone's patent, trademark, trade secret, copyright or other intellectual property, proprietary or personal rights, or any other rights or confidentiality obligations of others;
  • is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
  • contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
  • uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from this service or otherwise monitor or copy any portion of the service;
  • creates a false identity for the purpose of misleading others;
  • provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • attempts to disable, bypass, modify, defeat or otherwise circumvent or violate any of the other security related tools incorporated into this Service, including, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, or unauthorized monitoring of data or traffic;
  • reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of this Service, or use of or access to this Service;
  • systematically collects and uses any content made available through this Service including the use of any data mining, or similar data gathering and extraction methods;
  • makes derivative uses of the Service;
  • uses, frames, or utilizes framing techniques to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page); and/or
  • modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Service or the Site. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Service or the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Service's or the Site's underlying technology.


You are solely responsible and liable for any such activity, behavior, use and conduct.

5. GEOGRAPHIC RESTRICTIONS. Unless expressly and specifically stated otherwise on this Site, AT&T provides this Service for use only by persons located within the United States. AT&T makes no representation that all products, services and/or material described on the Site are appropriate or available for use in locations outside the United States or all territories within the United States. If you choose to access the Service from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions in which the Service, in whole or in part, is illegal or penalized is prohibited. AT&T may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in its sole discretion.

6. THIRD PARTY CONTENT AND SERVICES. You acknowledge that this Service may allow, permit, or enable you to access products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content collaborators, marketing agents, vendors and other third parties (“Third Party Content and Services”).

You acknowledge that AT&T does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites accessed using the Service). FURTHERMORE, YOUR ACCESS TO AND USE OF THE THIRD PARTY CONTENT AND SERVICES IS AT YOUR SOLE DISCRETION AND RISK, AND AT&T SHALL HAVE NO LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE THIRD PARTY CONTENT AND SERVICES.

You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and any third party using the Service are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. YOU ASSUME ALL RISKS ARISING OUT OF OR RESULTING FROM YOUR TRANSACTION OF BUSINESS OVER THE INTERNET AND WITH ANY THIRD PARTY, AND YOU AGREE THAT AT&T AND ITS COLLABORATORS, SUPPLIERS, AND LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR RESULT OF THE PRESENCE OF INFORMATION ABOUT OR LINKS TO SUCH ADVERTISERS OR SERVICE PROVIDERS. Furthermore, you acknowledge and agree that these Terms do not grant you any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein. You agree that you will not use Third Party Content or Services in a manner that would infringe or violate the rights of any other party, and that AT&T and its collaborators, suppliers, and licensors are not in any way responsible for any such use by you.

You acknowledge and agree that the provision of access to any Third Party Content and Services shall not constitute or imply any endorsement by AT&T of such Third Party Content and Services. AT&T reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although AT&T has no obligation to restrict or deny access even if requested by you.

You understand that by accessing and using the Third Party Content and Services, you may encounter information, materials and subject matter (i) that are incomplete or inaccurate; (ii) that you or others may deem offensive, indecent, or objectionable; (iii) which may or may not be identified as having explicit language, and (iv) that automatically and unintentionally appears as a link or reference to objectionable material. Notwithstanding the foregoing, you agree to use the Third Party Content and Services at your sole risk and that AT&T and its collaborators, suppliers, and licensors shall have no liability to you for information, material or subject matter that is found to be incomplete, inaccurate, offensive, indecent, or objectionable.

7. TERM AND TERMINATION. These Terms shall be effective until terminated. AT&T may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate these Terms, or your access to or use of this Service or any portion thereof at any time for any reason with or without prior notice, including deactivating or deleting your AT&T Access ID, password, or Profile Information or barring further use of the Service. Cause for such termination, suspension, or change shall include, but be limited to, a) breaches or violations of these Terms or other incorporated agreements or guidelines, b) requests by law enforcement or government agencies, c) a request by you (self-initiated account deletions), d) discontinuance or material modification to the Service or any part thereof, e) unexpected technical or security issues or problems, f) extended periods of inactivity, or g) engagement by you in fraudulent or illegal activities. AT&T shall not be required to make your AT&T Access ID or any other information or services associated with your AT&T Access ID available to you after any termination. Furthermore, if you fail to comply with these Terms or you act inconsistently with the letter or spirit of these Terms, then your right to use this Service shall terminate automatically, without any notice or other action by AT&T. Upon such termination, you shall cease all use of this Service. AT&T will not be liable to you or any third party for compensation, indemnity, or damages of any sort as a result of terminating this Service in accordance with these Terms, and termination of this Service will be without prejudice to any other right or remedy AT&T may have, now or in the future. These obligations survive termination of the Service.

8. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:


  • YOUR USE OF OUR SERVICE THAT IS PROVIDED TO YOU IS AT YOUR SOLE RISK. OUR SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AT&T AND ITS COLLABORATORS, SUPPLIERS, AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
  • AT&T AND ITS COLLABORATORS, SUPPLIERS, AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES THAT (I) THE SERVICE OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE SERVICE OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE SERVICE OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR FROM THE SERVICE SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY.
  • THIS SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE.
  • ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL OR THE USE OF OUR SERVICE.



9. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL AT&T, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, LOSS OF PROFIT, REVENUE ,OR DATA, ARISING OUT OF OR IN CONNECTION WITH, DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AT&T'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE SERVICE, (ii) THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR THE SERVICE DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE OBLIGATIONS SURVIVE TERMINATION OF THE TERMS.



10. INDEMNIFICATION. You shall indemnify, defend and hold harmless AT&T and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Service or Third Party Content and Services; (ii) your breach of these Terms; (iii) your violation of law; (iv) your negligence or willful misconduct; (v) your violation of the rights of a third party; or (vi) losses arising from or related to the use of any AT&T Account Site. You will promptly notify AT&T in writing of any third-party claim arising out of or in connection with your access to or use of the Service. These obligations survive termination of these Terms.



11. DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

IF YOU ARE AN AT&T WIRELESS SERVICE SUBSCRIBER, THESE TERMS ARE SUBJECT TO THE ARBITRATION PROVISIONS OF YOUR APPLICABLE WIRELESS SERVICE AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU ARE NOT AN AT&T WIRELESS SERVICE SUBSCRIBER, THESE TERMS ARE SUBJECT TO THE ARBITRATION PROVISIONS WHICH ARE INCLUDED IN THIS SECTION 11.

Summary:

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-331-0500. In the unlikely event that AT&T's customer service department is unable to resolve a complaint you may have to your satisfaction (or if AT&T has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this License will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, AT&T will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from AT&T to at least the same extent as you would be in court.

In addition, under certain circumstances (as explained below), AT&T will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what AT&T has offered you to settle the dispute.

Arbitration Agreement.

11.1 AT&T and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before these Terms or any prior agreement (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of these Terms.



For purposes of this Section 11.1 only, references to “AT&T,” “you,” “your” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of this Service, or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by agreeing to these Terms, you and AT&T are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms.

11.2 A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office of Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AT&T and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at att.com/arbitration-forms.

11.3 After AT&T receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this License, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at http://www.att.com/arbitration-information.) The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless AT&T and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse AT&T for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

11.4 If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator was selected, then AT&T will:

  • pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
  • pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").


If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

11.5 The right to attorneys' fees and expenses discussed in paragraph 11.4 supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws AT&T may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award.

11.6 The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AT&T agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

11.7 Notwithstanding any provision in these Terms to the contrary, we agree that if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address) while this License is in effect, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

12. MISCELLANEOUS. The following provisions survive termination of these Terms:

12.1 Governing Law, Limitation on Actions. These Terms shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, you and AT&T agree that any cause of action arising out of or relating to the Application or your use of the Application must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. This Section 11.1 is not intended to and does not alter any provisions of your applicable wireless service agreement.

12.2 Contact Information. In the event that you have a question, complaint or claim regarding your use of this Service, please call AT&T Customer Service by dialing 611 from your wireless device if you are an AT&T wireless service subscriber or 1-800-331-0500.

12.3 Severability. If any provision of these Terms is held to be invalid or unenforceable with respect to a party, the remainder of these Terms, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.

12.4 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

12.5 Export Control. You represent and warrant that you are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List.

12.6 Survival. Any provisions of these Terms which by their express language or by their context are intended to survive the termination of these Terms shall survive such termination.

12.7 Third Party Beneficiaries. Except as explicitly provided in these Terms or in the Related Agreements, nothing contained in these Terms is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.

12.8 Copyright Complaints. AT&T respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted by or through the Application in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing AT&T's Copyright Agent the following written information:

  • 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 upon;
  • A specific description of where the material that you claim is infringing is located on the Sites;
  • Your address, telephone number, and e-mail address;
  • A 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.

AT&T's Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows:

Manager of Security & Copyright Infringement 1800 Perimeter Park Drive, Suite 100 Morrisville, NC 27560 Phone: (919) 319-5737 Fax: (919) 319-8154 E-mail: copyright@att.com

For more information about AT&T's copyright protection practices under the DMCA and for information on how to contact AT&T's DMCA agent, please refer to www.att.net/legal/copyright.

12.9 Entire Agreement. These Terms including the documents incorporated herein by reference constitute the entire agreement with respect to the use of this Service and supersedes all prior or contemporaneous understandings regarding such subject matter.