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Source: http://www.sooeet.com  © 2018 Sooeet.com  All rights reserved

Sooeet.com – SMS Terms of Service

1. Introduction

The following terms and conditions of use (the "Terms and Conditions") set forth the standards for your use of the Sooeet.com online Text Message Service, also known as Short Message Service, and SMS (the "Service", or "SMS Service", or "Site" or "Us" or "We" or "Our"). Our Terms of Service and End User Agreement is incorporated herein by reference, and Our Privacy Policy is incorporated herein by reference. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU AGREE WITH AND ACCEPT THE TERMS AND CONDITIONS.   If you do not agree to the Terms and Conditions, do not access or otherwise use the Service. We reserve the right to change the Terms and Conditions, at any time without prior notice.   Any such changes will be posted on this page of the Service.   Your use of the Service following any change to the Terms and Conditions constitutes your acknowledgement and acceptance of the Terms and Conditions as modified.

2. Description of Service:

The Service provides consumer content that includes products and services, for informational purposes only.   Our products and services include computer programs, information, and data, made available to users via the Internet. The Service allows you to send text messages from Our website, to mobile telephone devices of your choice, including to the mobile telephone devices owned by third parties, and to the mobile telephone devices that you own.   The Service also allows you to receive text messages from mobile telephone devices.

3. Fees and Charges:

We do not assess fees or charges for Our SMS Service. However, the third parties receiving the text messages that you send to them through Our SMS Service, may be assessed fees and/or charges by their mobile telephone carriers and/or by other parties, for the privilege of receiving text messages. Additionally, any owner of a mobile telephone device may be assessed fees and/or charges by his/her mobile telephone carrier and/or by other parties, when that person sends text messages to Our SMS Service, whether those text messages are destined for you, or destined for any other user of Our Service. BY USING OUR SMS SERVICE YOU ACKNOWLEDGE THAT WE DO NOT ASSESS FEES OR CHARGES FOR OUR SMS SERVICE. BY USING OUR SMS SERVICE YOU AGREE TO INDEMNIFY AND DEFEND US AGAINST ANY AND ALL CLAIMS ARISING FROM ANY FEES AND/OR CHARGES ASSESSED BY ANY THIRD PARTIES AGAINST YOU, AGAINST THE RECIPIENTS OF YOUR TEXT MESSAGES, AND/OR AGAINST ANY OTHER PARTY, IN CONNECTION WITH YOUR USE OF THE SERVICE.

4. Conditions of Use:

BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE THAT TEXT MESSAGES YOU SEND THROUGH OUR SMS SERVICE, AND REPLIES THEREOF, ARE NOT GUARANTEED TO BE DELIVERED TO THEIR INTENDED RECIPIENTS IN A TIMELY MANNER, OR TO BE DELIVERED AT ALL TO THEIR INTENDED RECIPIENTS. BY USING OUR SMS SERVICE YOU AGREE TO RELEASE, INDEMNIFY, AND DEFEND US AGAINST ANY AND ALL CLAIMS, WHETHER BROUGHT BY YOU AND/OR BY ANY OTHER PARTIES, ARISING FROM FAILURES AND/OR DELAYS IN DELIVERY OF TEXT MESSAGES THAT YOU SEND TO ANY RECIPIENTS THROUGH OUR SMS SERVICE, AND/OR THAT ANY THIRD PARTY SENDS TO YOU AS A USER OF OUR SMS SERVICE. BY USING OUR SMS SERVICE YOU ACKNOWLEDGE AND AGREE THAT YOU ARE EXPRESSLY PROHIBITED FROM EMPLOYING OUR SMS SERVICE TO ABUSE, ANNOY, HARASS, INTIMIDATE, THREATEN, OR CAUSE DAMAGES OF ANY KIND TO ANY PARTY, OR ENGAGE IN CRIMINAL ACTS OF ANY KIND, AND THAT VIOLATORS OF THIS RULE SHALL BE IMMEDIATELY BANNED FROM OUR SMS SERVICE WITHOUT RECOURSE. BY USING OUR SMS SERVICE YOU ACKNOWLEDGE AND AGREE THAT WE LOG AND RETAIN INDEFINITELY ALL TEXT MESSAGES SENT THROUGH THE SERVICE, AND THAT WE LOG AND RETAIN INFORMATION THAT MAY IDENTIFY YOU PERSONALLY, INCLUDING YOUR MOBILE TELEPHONE NUMBER, YOUR EMAIL ADDRESS, YOUR IP ADDRESS, YOUR INTERNET SERVICE PROVIDER, THE MOBILE TELEPHONE NUMBERS TO WHICH YOU SEND TEXT MESSAGES, YOUR TEXT MESSAGES, REPLIES TO YOUR TEXT MESSAGES, AND OTHER PERTINENT INFORMATION. BY USING OUR SMS SERVICE YOU ACKNOWLEDGE AND AGREE THAT WE MAY, AT OUR SOLE DISCRETION AND WITH REASONABLE CAUSE, REVIEW AND EXAMINE ALL LOGGED INFORMATION PERTAINING TO YOUR USE OF THE SMS SERVICE, AND IN THE EVENT OF ABUSE THEREOF, WE MAY PROVIDE ANY AND ALL PERTINENT INFORMATION TO LAW ENFORCEMENT, TO ASSIST IN THE PROSECUTION OF THE ABUSE. YOU FURTHER AGREE TO RELEASE, INDEMNIFY, AND DEFEND US AGAINST ANY AND ALL ACTIONS FOR ALLEGED DAMAGES ARISING FROM RIGHT TO PRIVACY, DEFAMATION, LIBEL AND/OR ANY OTHER ALLEGED CAUSES OF ACTION AND/OR CLAIMS IN CONNECTION WITH YOUR USE OF THE SMS SERVICE, WHETHER THOSE ACTIONS ARE BROUGHT BY YOU OR BY ANY OTHER PARTY.

5. Your Use of the Service:

You warrant and agree that while using the SMS Service, you will not do any of the following: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) submit false or misleading information; (c) exploit the SMS Service for any commercial purpose; (d) engage in spamming or other similar activity; (e) restrict or inhibit others from using the SMS Service; (f) engage in any conduct that would constitute a criminal offense or give rise to civil liability; (g) upload a virus or other harmful component; (h) attempt to gain unauthorized access to the SMS Service or to other systems through the SMS Service; (i) take any other actions that would damage, overburden, interfere with, or otherwise harm the SMS Service or the use of the SMS Service by any other party.   You acknowledge and agree that you are solely responsible for the accuracy of the User Information you submit.   We may delete or destroy User Information at anytime and We reserve the right to refuse to post or to remove any User Information, in whole or in part, that We, in Our sole discretion, believe to be inappropriate or detrimental.

6. Disclaimer:

The SMS Service is provided on an "as is" and "as available" basis.   To the fullest extent permitted by law, We make no representations or warranties of any kind, express or implied, regarding the SMS Service or its use.   We disclaim all warranties regarding the accuracy or reliability of the results, data, and information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. WE DO NOT WARRANT THAT THE SMS SERVICE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE.   WE MAKE NO WARRANTY THAT THE SMS SERVICE WILL MEET YOUR REQUIREMENTS.   NO ADVICE, RESULTS, DATA, OR ANY OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, THROUGH OR IN RELATION TO THE SMS SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ATTEMPT TO PROVIDE ACCURATE INFORMATION IN ALL OUR PRODUCTS AND SERVICES; HOWEVER, WE MAKE NO REPRESENTATION OR WARRANTY AS TO ACCURACY OR RELIABILITY OF ANY RESULTS, DATA, OR INFORMATION.   AVAILABILITY OF PRODUCTS AND SERVICES MAY VARY BY LOCATION AND MAY NOT BE AVAILABLE TO YOU. WE MAKE NO REPRESENTATION, EXPRESS OR IMPLIED, OF ANY SPONSORSHIP BY ANY THIRD PARTY MENTIONED ON THIS WEBSITE, OR OF ANY OTHER RELATIONSHIP WITH ANY SUCH PARTY.

7. Limitation of Liability:

WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR ANY DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SMS SERVICE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnification:

You agree to indemnify and hold harmless the Service (and its parents, directors, officers, employees, subsidiaries, agents, and affiliates) from any and all claims, liabilities, costs and expenses, including attorney fees and costs, due to or arising in any way from your use or misuse of the SMS Service, your violation of these Terms and Conditions, your violation of any law, or your infringement of any right of any person or entity.

9. Proprietary Rights:

We retain all rights, title and interest in and to the SMS Service, including all content, software, programs, data, materials, look and feel, design, images, and We retain all intellectual property and proprietary rights therein.   Third party marks are the property of their respective owners.   Your use of the SMS Service does not grant you ownership or any other rights to the SMS Service, and any commercial use or exploitation of the SMS Service by you is expressly prohibited.   You may not exploit, copy, reverse engineer, create derivative works from, distribute, or reproduce any portion of the SMS Service, unless you have received written authorization from Us.

10. Third Party Information and Trademarks:

All content provided on the Site about third parties (including other companies, products, or services) is provided for informational purposes only.   Such content is not an endorsement of or a recommendation of any third party.   Such content does not imply, directly or indirectly, any sponsorship or affiliation with such third parties, and no guarantees regarding the aforementioned third parties are made herein.   All third party trademarks are the property of their respective owners.

11. Links to Third Parties:

The SMS Service may include links to other sites on the Internet.   Such links do not constitute Our endorsement or Our association with the linked sites.   We are not responsible for the availability, content, or privacy practices of the sites to which we link.   We encourage you to review the privacy policies and terms of use of those sites.

12. Governing Law and Applicable Laws:

These Terms and Conditions are governed by the laws of the State of California.   You agree to the personal and exclusive jurisdiction of the courts of the United States of America, state of California, county of Los Angeles.   We do not represent that the Service is appropriate, legal, or available for use in other locations.   You assume responsibility for knowledge of all laws applicable to you, and you may not use the Service in violation of any applicable law, regulation or requirement.

13. Assignment:

We retain the right to assign these Terms and Conditions, and all other agreements referenced herein, to any third party at our sole discretion.

14. Other:

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the other provisions shall remain in full force and effect.   Further, you agree that for any provision that may be found to be invalid or unenforceable, you shall ask the court to endeavor to give effect to the intent of the provision.   These Terms and Conditions constitute the full understanding between you and Us.   You agree that any claim by you arising from or related to the Service must be filed within twelve (12) months of your first use of the Service, regardless of any statute or law to the contrary.

Source: http://www.sooeet.com  © 2018 Sooeet.com  All rights reserved