Terms of Service

These Terms of Service apply to all users of this website (including all content and functionality available through the XLR8.com domain name, the DIJIT.com domain name or any other website owned or operated on or behalf of XLR8 Mobile Inc.,( collectively, the “Website”)) including users who are also contributors of video, audio , information, materials or other content on the Website or purchasers thereof.  All references herein to “XLR8 Mobile” refer to XLR8 Mobile, Inc., a Delaware corporation.

Your use and access of the Website and all products, software and services offered via the Website (in a direct or indirect manner) such as the XLR8 Mobile dijit (the “XLR8 Store Front”), instant messaging, mobile publishing, text messaging, MMS, SMS and other applications (collectively with the Website, the “Services”),  is subject to this Terms of Use Agreement ("Agreement"), the current XLR8 Mobile Privacy Policy (the “Privacy Policy”) and the current XLR8 Mobile Terms of Sale (the “Terms of Sale”), which are incorporated herein by reference.  

BY CLICKING ON THE "I ACCEPT" BUTTON, YOU AGREE TO THE TERMS OF THIS AGREEMENT, THE PRIVACY POLICY AND THE TERMS OF SALE. IF YOU DO NOT AGREE TO THIS AGREEMENT, THE PRIVACY POLICY OR THE TERMS OF SALE, YOU DO NOT HAVE PERMISSION TO USE THE SERVICES OR ANY LICENSE UNDER THE AGREEMENT.

XLR8 Mobile reserves the right, at its discretion, to modify the Agreement at any time. Changes to the Agreement will be posted on the Website or sent via e-mail, and are effective immediately upon such posting or emailing. Each time you access or use the Services, You agree to be bound by the then current Agreement, Privacy Policy and Terms of Sale.  If You do not agree with anything in the current Agreement, the Privacy Policy or the Terms of Sale, then You must immediately discontinue your use of the Services.

1. SERVICES USE

XLR8 Mobile provides visitors and registered users ("Users" or "You") with interactive entertainment services over wireless networks and the Internet that allows Users to share and view User Submissions through the Internet, hand-held devices, wireless devices, and mobile devices such as cell phones.

You understand that when using the Services, you will be exposed to User Submissions and content from a variety of sources, and that XLR8 Mobile is not responsible or liable for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to User Submissions or content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against XLR8 Mobile with respect thereto.

XLR8 Mobile hereby grants You permission to use the Services as set forth in the Agreement, provided that You (i) use of the Services as permitted, solely for your personal, noncommercial (unless commercial use is separately agreed upon by XLR8 Mobile in a separate writing) use, (ii) comply with the terms and conditions of this Agreement, the Privacy Policy and the Terms of Sale and (iii) do not:

a. copy or distribute any part of the Services in any medium without XLR8 Mobile's prior written authorization;

b. alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose;

c. attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;

d take any action that imposes, or may impose at XLR8 Mobile’s sole discretion an unreasonable or disproportionately large load on its infrastructure;

e. upload invalid data, viruses, worms, or other software agents through the Services;

f. impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity;

g. interfere with the proper working of the Services;

h. bypass the measures used to prevent or restrict access to the Services;

i. use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Services in a manner that sends more request messages to the Services' servers than a human can reasonably produce in the same period by using a conventional on-line web browser.

j. collect or harvest any personally identifiable information, including account names, from the Services, nor use the communication systems provided by the Services for any commercial solicitation purposes;

k. submit, post, e-mail, transmit, create via use of the Services or otherwise, or otherwise make available any video, audio, graphics, images, text, or other content submitted, transmitted, posted or uploaded, via Internet, cellular telephone or other wireless device, to the public areas of the Services ("User Submissions") that:

(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You or any other person;

(ii) may create a risk of any other loss or damage to any person or property;

(iii) may constitute or contribute to a crime or tort;

(iv) contains any information or content that is (in XLR8 Mobile's sole opinion) unlawful, harmful, abusive, racially or ethnically offensive, obscene, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people, libelous, threatening, objectionable, or not allowed under XLR8 Mobile’s user guidelines.

(v) contains any information or content that is illegal; or

(vi) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships, including that it does not and will not violate third-party rights of any kind, including without limitation any XLR8 Mobile' Intellectual Property Rights and rights of publicity and privacy, or similar rights of any third party; or

l. solicit, for commercial purposes, any Users of the Services with respect to their User Submissions or post, use or publish spam, spyware, or chain letters, or offer fraudulent goods, services or schemes;

2. YOUR PROMISES

You shall be solely responsible for your own use of the Services and User Submissions and the consequences of posting or publishing them. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Submissions that You send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services, is solely your responsibility.

You affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

a. By your use of the Services, You affirm that You are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and 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. In any case, You affirm that You are over the age of 13, as the Services are not intended for children under 13. If You are under 13 years of age, You do not have permission to use the Services and may not provide any User Submissions.

b. You have the written consent of each and every identifiable natural person in the User Submission to use such person’s name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released You from any liability that may arise in relation to such use.

c. The User Submission and XLR8 Mobile' use thereof as contemplated by this Agreement and the Services will not infringe any rights of any third party, including but not limited to, any Intellectual Property Rights, privacy rights and rights of publicity of any third party.

3. LICENSE; ACKNOWLEDGEMENTS

By submitting, posting, creating via the Services or otherwise, emailing, transmitting, or otherwise making available any User Submission, subject to the subsequent paragraph below, you expressly grant XLR8 Mobile a royalty-free, sub-licensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and make derivative works of each such User Submission and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Services. In particular, you expressly grant XLR8 Mobile the right to display your User Submission on the Website and on XLR8 Store Fronts and the exclusive right to allow users of the Services to view or purchase your User Submission or content included or displayed therein in all media formats now known or hereafter developed.  All User Submissions are deemed non-confidential and XLR8 Mobile shall be under no obligation to maintain the confidentiality of any information and content, in whatever form, contained in any User Submission. 

Notwithstanding the license granted directly above, unless otherwise agreed upon in a separate writing, XLR8 Mobile does not claim any ownership rights in the text, files, applications, or any other materials (collectively, "User Content") that comprise any part of any User Submission made by You. As such, as between XLR8 Mobile and You, You continue to retain any such rights that you may have in your User Content, subject to the limited license granted above.  The license granted above does not grant XLR8 Mobile the right to sell or otherwise distribute your User Content outside of the User Submission, as a whole.  After you remove your User Content from the Website, XLR8 Mobile will cease direct distribution of all User Submissions as soon as practicable, and at such time when distribution ceases, the license granted above will terminate.

If You want XLR8 Mobile to take steps to remove any of your User Content and/or User Submissions from the Services, please contact XLR8 Mobile and XLR8 Mobile will take commercially practicable steps to delete such information if possible. However, we cannot guarantee that your User Submissions will be completely removed from all Services, User devices or User web pages, or devices or web pages of non-Users, nor that other Users or persons will not misuse any content that You supply. In addition, other Users may have already copied and forwarded your User Submissions to others, making recovery impossible. XLR8 Mobile is not responsible for any public display or misuse of your User Submissions.

Moreover, You agree and acknowledge that operators of public search engines may use spiders to copy materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.  You agree that XLR8 Mobile is not responsible for any such actions.

4. OUR RIGHTS

XLR8 Mobile reserves the right, but is not obligated, to filter User Submissions for compliance with this Agreement or to reject and/or remove any User Submissions for any or no reason at any time. XLR8 Mobile may also permanently or temporarily terminate, suspend, or otherwise refuse to permit User’s access to the Services and/or terminate this Agreement, without notice and liability, if, in XLR8 Mobile's sole determination, User violates any of the Agreement or for any reason or no reason. Upon termination of this Agreement, User continues to be bound by this Agreement. At any time XLR8 Mobile, may without notice make changes to the Services or products offered thereon.

XLR8 Mobile reserves the right to decide whether a User Submission is appropriate and complies with this Agreement for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. XLR8 Mobile may remove such User Submissions and/or terminate a User's access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.  

Notwithstanding anything in this Agreement to the contrary, XLR8 Mobile reserves the right to take any action required or requested by any carrier, government agency, court, or law enforcement, or in order to comply with any local, state or federal laws, statutes, codes, orders, or regulations, including but not limited to FCC regulations.

5. INTELLECTUAL PROPERTY RIGHTS

The Services and all materials therein or transferred thereby, including, without limitation, illustrations, logos, photographs, website and wireless design, text, photos, technology, audio, software, video, images, graphics, the “WapItUp” System, the “Dijit” creation tools, other content, and the selection and arrangement thereof (collectively "Content") of the Services and all rights in the associated intellectual property rights, current or future, including but not limited to, trade secrets, trademarks, copyrights, technology, service marks, patents, inventions, developments, improvements, mask work rights, moral rights, rights of publicity, trade dress, know-how, and other proprietary rights (collectively "Intellectual Property Rights") are exclusively owned by XLR8 Mobile or its licensors, and XLR8 Mobile reserves all rights therein. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, republish, adapt, edit or create derivative works from, manipulate, post, transmit, transfer, use on any other service, website or other networked computer environment, or otherwise exploit in any manner whatsoever without our prior written consent. If You download, print, or otherwise reproduce a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein.

Xlr8 Mobile, Inc. reserves the right to remove content that we deem inappropriate.

6. DMCA NOTICE

If You believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify XLR8 Mobile's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, You must provide the following information in writing:

a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

b. Identification of the copyrighted work that You claim has been infringed;

c. Identification of the material that is claimed to be infringing and where it is located on the Services;

d. Information reasonably sufficient to permit XLR8 Mobile to contact You, such as your address, telephone number, and e-mail address;

e. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent: Email: info@xlr8mobile.com. You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.

Counter Notice:

If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the DMCA Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Alameda County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the DMCA Agent, XLR8 Mobile may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at XLR8 Mobile’s sole discretion.

7. RELEASE

If you have a dispute with one or more users, you release XLR8 Mobile (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

8. PURCHASING OR SUBSCRIBING

Certain products or services, including User Content or User Submissions, may from time to time be made available to You for purchase pursuant to the Services. You agree to purchase such products or services when You (or anyone using your account) click on the “Download”, “Send 2 Phone” or similar button on the Website or any other XLR8 Mobile service order screens (e.g., any “Dijit”). You will be charged the purchase price of .99/1.99/2.99 for the content(s) offered. By purchasing any Product, service or content through the Services, you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase. For the current Terms of Sale, click here: Terms of Sale.

XLR8 Mobile and its affiliates do not offer refunds on purchases and all purchases are final, except where prohibited by law.

Purchases charged to your wireless bill ARE NOT REFUNDABLE UNDER ANY CIRCUMSTANCES. If You are not satisfied with your purchase/download, please contact your carrier.  

9. CARRIER CHARGES

XLR8 Mobile does not accept responsibility for charges that may be imposed by your wireless carrier when sending and receiving text messages, dijit push messages or data usage charges while using the Services. Please note that text messages are typically included as a feature of your wireless plan. Please consult your carrier to be certain.

10. PASSWORD

In order to access some features of the Services, You may have to create an account with a user name, and we will supply a password. You may never use another's account, user name or password without permission. When creating your account, You must provide accurate and complete information and You must update this information to maintain accuracy and completeness. You are solely responsible for the activity that occurs on your account, and You must keep your account password secure. You should notify XLR8 Mobile immediately of any breach of security or unauthorized use of your account. XLR8 Mobile will not be liable for your losses caused by any unauthorized use of your account. You shall be liable for the charges made using your account and any damages incurred by XLR8 Mobile or others due to any unauthorized use.

11. DISCLAIMERS

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, XLR8 MOBILE, ITS SUBSIDIARIES, PARTNERS, EMPLOYEES, DIRECTORS, OFFICERS, AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY "AFFILIATES") DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR WIRELESS DEVICE AND FOR ANY LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. XLR8 MOBILE DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND USER MAY NOT RELY ON ANY SUCH STATEMENT OF WARRANTY.

The Services may contain links to third-party websites or services that are not owned or controlled by XLR8 Mobile. XLR8 Mobile has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. In addition, XLR8 Mobile will not and cannot censor or edit the content of any third-party website or service. By using the Services, You expressly relieve XLR8 Mobile from any and all liability arising from your use of any third-party website or services. XLR8 MOBILE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND XLR8 MOBILE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

XLR8 Mobile does not endorse any User Submission or the views, opinions, recommendations or advice expressed via the Services. XLR8 Mobile is not responsible for any User Submission content or the accuracy, usefulness or safety thereof, no matter the source. XLR8 Mobile is not obligated to review the User Submissions for any reason. You may be exposed to User Submissions that are inaccurate, offensive, indecent, objectionable, infringing, and You hereby agree to waive any legal rights and remedies You may have against XLR8 Mobile.

The Services are controlled from XLR8 Mobile' facilities in the United States. XLR8 Mobile makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

The Services do not include any "dating" website and XLR8 Mobile does not provide, nor does it intend to provide, any dating, matchmaking, or social referral services.

12. Limitation of Liability

IN NO EVENT SHALL XLR8 Mobile OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, LOSS OF DATA OR INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL XLR8 MOBILE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

XLR8 MOBILE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE OR CRANK CALLS OR TEXT MESSAGES, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS, OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF XLR8 MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. XLR8 MOBILE’S AGGREGATE LIABILITY ARISING OUT OF ANY CLAIM IN ANY WAY CONNECTED WITH THE SERVICES SHALL NOT EXCEED $100.00. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless XLR8 Mobile and its Affiliates, assigns and successors from and against any and all claims, costs, losses, damages, judgments and expenses (including reasonable attorneys' fees) arising out of or in connection with any claim or damages arising from your (or by anyone using your account): (i) use of, or access to, the Services, including any data or Content, User Submission, or other materials transmitted or received by You or through your account; (ii) violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties; (iii) violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; or (iv) violation of any state or federal law, rule or regulation of the United States or any other country.

14. OPT OUT

We may use your personal information, including but not limited to email address or telephone number, to notify You of important changes to the Services, new Services, contests, and special offers. If You do not want to receive such notices, You may send an email message to info@xlr8mobile.com with the word "Opt Out" in the subject field.

Opting out may prevent You from receiving updates, improvements, or special offers. If XLR8 Mobile has provided any third party with your personal information, You will have to contact the third-party directly with any opt-out request.

15. SOLE REMEDY

IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICES OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THIS AGREEMENT.

16. GENERAL

A. You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed passive, which does not give rise to personal jurisdiction over XLR8 Mobile, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the laws of the State of California, without respect to conflict of laws principles. Any claim or dispute between You and XLR8 Mobile that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Alameda County, California.

B. This Agreement, together with Privacy Policy, Terms of Sale and any other legal notices published by XLR8 Mobile on the Services, shall constitute the entire agreement between You and XLR8 Mobile concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by XLR8 Mobile without restriction or consent.

C. No waiver of any term of this Agreement or delay or failure to enforce a provision of this Agreement shall be deemed a waiver of such term or any other term.

17. SUPPORT CARRIERS

The Services are currently supported by the following carriers:

AT&T, Alltel Mobile Communications, Inc., Dobson (Cellular One), Cricket Wireless (Leap),  Western Wireless, Cincinnati Bell Wireless (CBW), US Cellular, T-Mobile US, Guam Wireless - Hafatel, Guamcel, Midwest Wireless, NTelos, Nextel, Verizon Wireless, Sprint.

Please contact us with any questions or comments about this Agreement or the Services by using info@xlr8mobile.com.