Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE" or "TERMS") CAREFULLY BEFORE REGISTERING FOR THIS SERVICE.

By registering, you signify your agreement to these Terms and Conditions of Use as set forth by Sinclair Broadcast Group, powered by I-Mobile Marketing. If you do not agree with any of these Terms or Conditions of Use, please do not register for this service.

This site is owned and operated by I-Mobile Marketing ("IMM") on behalf of Sinclair Broadcast Group ("SBG"), and we reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time without notice. The Mobile Marketing Association ("MMA") has established guidelines for mobile marketing programs, and each carrier has established their own rules and regulations regarding the distribution of marketing messages through mobile phones. These guidelines and rules have been established to protect the consumer. From time to time, these MMA guidelines and carrier rules may change, and IMM will make every effort to comply with these changes as quickly as possible. This may, in turn, be reflected in changes to our Terms and Conditions of Use. Please check these Terms periodically for such changes. Your continued use of this site following the posting of changes to these Terms will mean that you accept these changes.

WBFF FOX 45 Mobile is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information. Minors between the ages of 13 and 17 should get permission from their parent(s) or legal guardian(s) before participating in the program. By registering by mobile phone or from this site, you are confirming that you are at least 13 years of age, and that you are a wireless subscriber of an active account with a participating carrier, or that you have the consent of such a subscriber to register for participation in this program. We may collect anonymous traffic data from visitors including IP address and domain servers. This information does not identify you personally and provides valuable information in assessing our capabilities and services to our visitors. We may use such traffic data and/or personal information that you provide us voluntarily for marketing and promotional purposes. By using this site, you signify your agreement to these Terms and Conditions of Use.

All images and content on this site are the property of their respective owners and are used with permission. The copyrights, trademarks and service marks ("Marks") displayed on this site are the property of their respective owners and may not be use without the express written consent of SBG, IMM, or their respective owners. Unauthorized use of the name and Marks or any of the images or content on this site will result in appropriate legal action.

WBFF FOX 45 Mobile Alerts consists of regular text messages. Text messages and graphics can be transmitted over most carrier networks and are compatible with most mobile devices (phones) that are text message and wireless Internet enabled. Some local networks may not support text messaging or mms picture messaging.

NO WARRANTIES ARE MADE ON ANY TEXT MESSAGE THAT MAY BE SENT TO ANY MOBILE DEVICES THAT DO NOT COMPLY WITH STATED COMPATIBILITY.

HOW OUR MOBILE MARKETING PROGRAM WORKS

"You" refers to anyone who registers for a mobile loyalty or marketing program, either through a mobile device or from this site. When you register for our Mobile Marketing Program, you agree to receive periodic text messages sent from us to your mobile device. Text messages are intended for your personal use only. Any other use of the text message sent to your phone constitutes an act of fraud, and may result in cancellation of your service with no refund.

HOW TO END YOUR PARTICIPATION IN A MOBILE PROGRAM

To end your participation in a mobile program, send the text message "STOP" to 45203. You may also end your participation by sending an e-mail to stop@imobilemarketing.com and including your mobile phone number in the Subject Line of the e-mail.

RESTRICTIONS ON USE OF MATERIALS

All materials contained in this site and delivered to mobile devices are the copyrighted property of SBG or IMM, its clients, affiliates and/or third party licensors or sub-licensors. All trademarks, service marks, trade names, and trade dress are proprietary to SBG or IMM, its clients, affiliates and/or third party licensors or sub-licensors. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed or re-distributed in any way. For purposes of these terms, the use of any such material on any other web site or computer environment or mobile device is prohibited.

In addition, all marketing materials sent to your mobile device from SBG or IMM, either as a text message or as a mobile graphic, are for your personal use only. SBG and IMM, our clients, and/or our third party licensors retain full and complete title to the materials and all intellectual property rights therein. You may not redistribute, forward, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the materials to a human-readable form.

DISCLAIMER

THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WEB SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO ANY RECEIPT OR DOWNLOAD OF MATERIAL(S) IS SOLELY AT YOUR OWN RISK AND THAT YOU ALONE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD OF MATERIAL(S).

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on third party sites that link to or from this site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from this site or third party content available from this site. We neither endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, any collection of personal information) you might be requested to give any third party or third party site, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties or third party sites.

INDEMNIFICATION

You hereby indemnify, defend, and hold SBG and IMM, and our respective clients, affiliates, officers, directors, owners, agents, information providers, partners, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR THE DELIVERY OF MATERIALS.

JURISDICTION

These terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Tarrant County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between SBG and/or IMM and you relating to the subject matter herein and shall not be modified except as provided for in this agreement.

We make no representation that materials on this site are appropriate or available for use in any particular location. Those who choose to access this web site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to applicable export control laws and regulations of the United States or the laws of the country in which you reside and you acknowledge that you will act in compliance with any such export control laws and regulations.

TERMINATION

These terms are effective until terminated by either party. You may terminate your agreement to these Terms and Conditions of Use at any time by discontinuing your participation in our mobile program, by discontinuing use of this site, and by destroying all materials obtained from this site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to marketing materials sent by SBG and or IMM and access to this site may be terminated immediately without notice from us if we deem, in our sole discretion, that you have failed to comply with any term or provision of these terms. Upon termination, you must cease use of this site and destroy all materials obtained from SBG and/or IMM and all copies thereof, whether made under these terms or otherwise.
Available only on participating wireless carriers:
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