More On the Next Destination & Zynga SMS Program

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I received the new destination popup today and took a look at the legal mumble jumble associated with it [1]. I don't understand why they need to make all these disclaimers when I'm only agreeing to letting them send me text messages about game updates. There is an opt-out option but who knows what Zynga is planning to do with all the cell phone numbers they received. Some think that Mafia Wars is going mobile because of this but I doubt it. They probably just want our phone numbers so they can report some metrics saying they have millions of phone numbers. At this point I don't think it would be beneath Zynga to sell phone numbers. If you sign up you get another popup telling to to pack your bags. I don't think many are too excited for a new destination. Los Angeles was is miserable and if they do more of the same than its definitely nothing to look forward to! The terms and conditions are shown below.

Zynga SMS Program
Overview

You may opt-in to receive game alerts from Zynga which may include:

News about game launches
Promotional alerts
Transactional messages about your account, game, or subscriptions
Electronic Signatures – E-Sign Act

By entering your mobile phone number and clicking the “Send” button, you consent to receive promotional and informational text messages from Zynga. Clicking the “Send” button is your electronic signature and the equivalent to providing a written signature confirming your consent to receive Zynga text messages. If you do not consent, you will not be able to sign up for these messages. Instructions on how to withdraw your consent are found below in the section entitled, “Opt-Out.”

To access and retain a copy of this disclosure or any information regarding your consent to receive text messages, you will need a device (such as a computer or mobile phone) with a web browser and Internet access. For an email copy, contact Zynga Support.

Notices

Consent is not required to purchase goods or services. Message and data rates may apply. You understand and agree that text messages sent to your mobile device may be generated using automated technology, including through the use of an automatic telephone dialing system. The text message service is provided on an “as-is” basis and may not be available in all areas, at all times or through all wireless carriers.

Messages

Maximum number of messages may vary based on the subscription list you've enrolled in. Depending on your preferences, you may receive up to 7 messages per month, which includes a maximum of 2 user-requested messages and 5 Zynga marketing messages.

Opt-Out

You can unsubscribe to receiving text messages at any time by texting STOP to 16507632417. You will receive a confirmation text, or further instructions if enrolled in more than one of Zynga’s SMS lists. If you have any questions, reply HELP to any Zynga message to or contact us at Zynga Support.

Terms of Service & Privacy Policy

Your use of the Zynga SMS Program is governed by the Zynga Terms of Service, including, but not limited to, terms relating to the resolution of any dispute between You and Zynga, and by the Zynga Privacy Policy. By agreeing to receive text messages, you agree to be bound by the Zynga Terms of Service and Privacy Policy.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE ZYNGA SMS PROGRAM (THE “SMS PROGRAM”) IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

WITHOUT LIMITING THE FOREGOING, NEITHER ZYNGA NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "ZYNGA PARTIES") WARRANT THAT THE SMS PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATIONS; WAIVERS OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SMS PROGRAM UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE ZYNGA PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SMS PROGRAM.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE ZYNGA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE ZYNGA PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SMS PROGRAM AND OPERATORS OF EXTERNAL SITES AND COMMUNICATIONS AND DATA NETWORKS, AND THAT THE RISK OF USING THE SMS PROGRAM, EXTERNAL SITES AND COMMUNICATIONS AND DATA NETWORKS AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE ZYNGA PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID ZYNGA IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ZYNGA ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ZYNGA IS TO STOP USING THE SMS PROGRAM AND TO CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF ZYNGA.