Terms of Service

Last Updated: April 2008

This agreement contains the essential terms of service (the "Terms of Service") to use Tellme's "Tellme.com" website, mobile applications and services, such as Tellme by Mobile(beta), Tellme by Text and Tellme by Voice, including any third party software and services made available to you in conjunction with this software and/or the related service (collectively the "Product(s)"). In order to use the Products, you agree to be bound by these Terms of Service. To the extent there is a conflict of terms between this Terms of Service and other Terms of Service for Tellme by Mobile, the Terms of Service for Tellme by Mobile shall control.

IF YOU DO NOT AGREE WITH ALL OF THE BELOW TERMS OF SERVICE AND THOSE CONTAINED IN THE OTHER AGREEMENTS IDENTIFIED BELOW, DO NOT PROCEED WITH USE OF THE WEBSITE, PRODUCTS, OR SERVICES.

Driving and Use of the Products

While we want you to enjoy the Products' features to the fullest extent possible, if applicable, please DO NOT USE the Products while driving. It may be dangerous for both you and the other drivers on the road.

Additional Binding Terms from Other Agreements

The Products are designed to be used in conjunction with Tellme's other services, such as directory assistance, and also may be used with other Tellme services such as 1-800-555-TELL, voice information, voice activated dialing, etc... Accordingly, you agree and acknowledge that your use of the Products are also subject to, as they may apply:

Tellme's Products Privacy Policy can be found at http://www.tellme.com/about/legal/privacy_policy
Tellme's Terms of Service for use of Tellme's Studio service found at https://studio.tellme.com/apply/termsofservice.html
Tellme's Terms of Services to Use Tellme by Mobile found at http://m.tellme.com/tellmebymobile/termsofservice

Software Downloaded on This Website

Any software that is made available to download from the Tellme.com website ("Software") is the copyrighted work of Tellme and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software or is identified on this website as applicable to a specific program ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement, or this Terms of Service (which may be the same agreement) is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, TELLME HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL TELLME AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

User Accounts, Passwords, and Security

If any of the Products requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. If applicable, you are entirely responsible for any and all activities that occur under your account. You agree to notify Tellme immediately of any unauthorized use of your account or any other breach of security.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the website or Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made.

Documents specified above do not include the design or layout of the Tellme.com web site or any other Tellme owned, operated, licensed or controlled site. Elements of Telme web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Tellme or Microsoft web site may be copied or retransmitted unless expressly permitted by Tellme.

Non-Commercial Use Only

The Products are made available to you for your non-commercial use only. This means that you may use it for your personal use only. You may use it at work or at home, subject to the terms set out in these Terms of Service. If you want to sell or license the Products or any information, services, or software associated with or derived from it, or if you want to modify, copy, license, or create derivative works from the Products for any commercial purpose, you need to obtain Tellme's permission first, which you can do by contacting Tellme at the Feedback form.

Unless you have Tellme's prior written consent from an authorized representative, you agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Products or its related services.

Furthermore, you may not use the Products in any manner that could damage, disable, overburden, or impair Tellme's services (e.g., you may not use the Products in an automated manner), nor may you use the Products in any manner that could interfere with any other party's use and enjoyment of Tellme's services.

Intellectual Property

You agree and acknowledge that Tellme owns all rights, title and interest in and to the Products, including without limitation all associated Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree to not remove, obscure, or alter Tellme's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Products.

Content Provided By Third Parties

The Products' service may includes search results such as listings, bulletin board comments, ratings, traffic conditions, driving directions, flight times, movie times, and other related information and content provided by third parties. Tellme makes no representations or warranties regarding the accuracy or completeness of the information provided by these third parties. Please do not rely on the accuracy of the content delivered to you.

Appropriate Conduct and Prohibited Uses

As a condition of your use of the Services, you will not use the Products for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Products in any manner that could damage, disable, overburden, or impair any Tellme server, or the network(s) connected to any Tellme server, or interfere with any other party's use and enjoyment of any Products. You may not attempt to gain unauthorized access to any Products, other accounts, computer systems or networks connected to any Tellme server or to any of the Products, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Products.

Use of Services

The Products may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Products"). You agree to use the Communication Products only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Products, you will not:

Use the Communication Products in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Products in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Products.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Products or other user or usage information or any portion thereof.

Tellme has no obligation to monitor the Communication Services. However, Tellme reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Tellme reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Tellme reserves the right at all times to disclose any information as Tellme deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Tellme's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Tellme does not control or endorse the content, messages or information found in any Communication Services and, therefore, Tellme specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Tellme spokespersons, and their views do not necessarily reflect those of Tellme.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

Content Linked to by Tellme

The sites, content or information displayed as search results, community message board postings, news, sports, financial and other information, advertising and coupons and other information received by you via a Tellme service ("Content"), are created by people over whom Tellme exercises no control. Tellme acts only as an intermediary publisher of such content and exercises no editorial control over such Content. Certain Content using Tellme's services may produce results and/or links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Tellme search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Tellme services.

Unsolicited Idea Submission Policy

TELLME OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN TELLME'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO TELLME. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO TELLME OR ANYONE AT TELLME. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT TELLME MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

No Automated Querying

You may not send automated queries of any sort to Tellme's system or services without express permission in advance from Tellme. Note that "sending automated queries" includes, among other things:

using any software which sends queries to Tellme to determine how a website or webpage "ranks" on Tellme for various queries;
"meta-searching" Tellme; and
performing "offline" searches on Tellme

Submissions Provided to Tellme or posted through Tellme website

Tellme does not claim ownership of the materials you provide to Tellme (including feedback and suggestions) or post, upload, input, or submit through any Tellme website for review by the general public, or by the members of any public or private community (each a "Submission" and collectively "Submissions"). By posting, uploading, inputting, providing, or submitting (collectively, "Posting") your Submission, however, you are granting Tellme and its parent and other affiliated companies and necessary sublicensees, without charge, the right to use, share, and commercialize your Submission in any way and for any purpose, without any limitation on account of intellectual property rights or otherwise. You also give to third parties, without charge, any patent rights needed for their products, technologies, and services to use or interface with any specific parts of any Tellme product or service that includes the Submission. You will not give any Submission that is subject to a license that requires Tellme to license its software or documentation to third parties because we include your Submission in them. You also give Tellme the right to publish your name in connection with your Submission; and the right to sublicense such rights to any Tellme supplier. These rights survive any termination or expiration of these Terms of Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. Tellme is under no obligation to post or use any Submission you may provide, and Tellme may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Service including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

Changes in Terms of Service

Tellme may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Disclaimer of Warranties

Tellme and any third party who makes its software or services available in conjunction with or through the Products disclaim any and all responsibility for any harm resulting from your use of the Products and/or any third party software accessed in conjunction with or through the Products.

THE PRODUCTS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. TELLME AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TELLME AND ANY SUCH THIRD PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND ANY SUCH THIRD PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE PRODUCTS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PRODUCTS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TELLME OR ANY THIRD PARTY WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCTS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE PRODUCTS. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF TELLME AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APPLICATIONS OR PRODUCTS, FROM INABILITY TO USE SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCTS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCTS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to the conflict of laws provisions of Washington or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between you and Tellme with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Tellme.