Terms of Service
The content on the Site, other than User Content (defined below) and certain publicly available information, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Content") and the Spam SMS word marks and Spam SMS design marks, as well as certain other of the names, logos, and materials displayed on or through the Site that constitute trademarks ("Marks") are owned by or licensed to Spam SMS and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws.
2. Use of the Site and Content
Prohibited content and activities include, without limitation, the following:
(a) violating any local, state, national, or international law or regulation;
(b) transmitting any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
(c) transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(d) knowingly transmitting any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) stalking, harassing, or harming another individual;
(f) impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity;
(g) interfering with or disrupting the Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site; and
(h) launching any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Site in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser.
3. User Content
The Site may enable you to submit your personal content to the Site for hosting, display, and distribution to other users of the Site (collectively "User Content"), such as posting messages and other content to community and interactive areas of the Site. When you provide Spam SMS with User Content, you hereby grant to Spam SMS and its affiliates, representatives, and assigns a non-exclusive, worldwide, fully paid, royalty free, transferable, sub-licensable, license and permission to display, publicly perform, distribute, store, transcode, syndicate, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your User Content (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any Submission. User Content may be available to other users of the Site. Spam SMS reserves the right to display advertisements in connection with your User Content and to use your User Content to advertise and promote your User Content, the Site, and Spam SMS. Spam SMS reserves the right to modify User Content in its sole and absolute discretion. Spam SMS is not required to host, display, or distribute any User Content, and may delete, move, or edit User Content at any time.
Spam SMS does not, as part of a regular, established practice, monitor, control, or have knowledge of any User Content transmitted on or through the Site. You agree that you are solely responsible for all User Content you transmit and receive on or through the Site.
You represent and warrant that:
(a) you own all rights in your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to Spam SMS the rights in your User Content described herein;
(b) you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your User Content;
(c) you are the individual pictured or heard in your User Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears or is heard in your User Content to enable you to grant the rights to Spam SMS described herein;
(d) you will make such permissions available to Spam SMS upon request; and
(e) your User Content do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party.
You agree to keep all records necessary to establish that your User Content do not violate any of the foregoing representations and warranties and to make such records available to Spam SMS upon Spam SMS's request.
You further agree that Spam SMS and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content ("Feedback"), whether oral or written, that you may send to Spam SMS or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Spam SMS has no duties to you, with respect to such Feedback.
5. Digital Millennium Copyright Act
Spam SMS respects the intellectual property rights of others. Upon proper notice, Spam SMS will remove User Content or other applicable content that violate copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, Spam SMS has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Spam SMS's copyright agent (listed below) a notification of claimed infringement with all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit Spam SMS to locate the material on the Site;
(c) information reasonably sufficient to permit Spam SMS to contact you, such as an address, telephone number, and, if available, an email address;
(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright Spam SMS, its agent, or the law;
(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright Spam SMS or authorized to act on the copyright Spam SMS's behalf; and
(f) your physical or electronic signature.
Please send all of the above enumerated information to the following Spam SMS copyright agent:
8369 NW 66 ST
Miami, FL 33195-2697, United States
Please do not send notices or inquiries unrelated to alleged copyright infringement to Spam SMS's designated agent.
6. Links to and from other Websites
The Site may provide, or users of the Site may provide, links to other websites or resources. Because we have no control over such third-party websites and resources, you acknowledge and agree that Spam SMS is not responsible for the availability of such websites or resources, and Spam SMS does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Spam SMS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products, or services available on or through any such website or resource.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SPAM SMS AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). SPAM SMS AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE;
(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
(d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
(e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND
(f) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
SPAM SMS AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SPAM SMS AND ITS AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Spam SMS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. Limitation of Liability
YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Spam SMS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE SITE.
9. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Spam SMS may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Spam SMS's liability shall be the minimum permitted under such applicable law.
10. SMS Spam Reports:
Spam SMS is an SMS Spam Reporting Service. Our purpose is to investigate each report and take appropriate action. We do not work or are affiliated with any Mobile Operator or Carrier such at AT&T, Sprint, T-Mobile, Verizon or others. Spam Reports get submitted to Mobile Carriers only if our initial investigation demonstrate that the Spam Report is Valid and that the SMS received by the user was sent with out Prior Express Consent as required by TCPA Law.
12. Force Majeure
Without limiting the foregoing, under no circumstances will Spam SMS be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
14. Modifications to the Site
Spam SMS reserves the right to modify or discontinue the Site with or without notice to you. Spam SMS shall not be liable to you or any third party should Spam SMS exercise its right to modify or discontinue the Site.
15. Other Provisions
16. Arbitration Agreement
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Spam SMS will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither you nor Spam SMS may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Spam SMS's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. This Section 15 will survive the termination of your relationship with Spam SMS.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Spam SMS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.