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SMS TEXT SERVICES |
END USER |
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MOB007 DOTCOM (368266) |
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Terms
of Service |
| Last
modified: October 1, 2009 |
This
TERMS OF SERVICE AGREEMENT ("TOS")
is a legal agreement between you, an individual
or an individual acting on behalf of your
business or employer, a corporation, partnership,
or other legal entity, and Royal Dreams
Investments , owners and operators of
MOB007. Before you use this site, please
read this TOS carefully as they govern
your use of the Service provided at this
website. By using the Service you are
indicating your acceptance of and agreement
to be bound by all of the terms of the
TOS. Royal Dreams Investments may modify
or revise this TOS from time to time without
notice to you. Although Royal Dreams Investments
may attempt to notify you when major changes
are made to this TOS, you should visit
this page periodically to review the TOS.
Any modification and/or revision of the
TOS will be effective when posted on this
page. By continuing to use the Service
after such modifications and/or revisions
are posted, you agree to be bound by such
modifications and revisions. If you do
not agree with all of the terms of the
TOS, then you may not use this service.
1. DESCRIPTION OF SERVICE
The Service provides you the right to
use a proprietary web-based software that
enables you to create, edit, and send
conforming text-based messages to individuals
who voluntarily join your mobile list
by subscribing from their cell phones
using the authorized DOTCOM (368266),
DOTNET (368638), and DOTORG (368674) short
codes. You also understand and agree that
the software itself is the core of the
Service, and that the DOTCOM, DOTNET,
and DOTORG short codes used by the software
are not an integral part of the Service,
and that these short codes are provided
by third-party short code providers, and
that the performance, availability, and
charges associated with these short codes
are subject to change at any time by the
short code providers, and are not guaranteed
by this Service. The use of these short
codes are being made available to you
on an "AS-IS" basis and based exclusively
on current conditions whereby the providers
of the DOTCOM, DOTNET, and DOTORG short
codes are offering the use of these short
codes free of charge. You also understand
and agree that changes in the performance,
availability, and pricing for the use
of these short codes are beyond the control
of Royal Dreams Investments and may change
at any time. You understand and agree
that Royal Dreams Investments may determine,
in its sole discretion, to limit, change,
or otherwise modify the use of the Service,
including placing advertising riders with
delivered messages, changes in the maximum
disk space that will be allotted on servers
used on your behalf, and the maximum number
of times and the maximum duration for
which you may access the Service in a
given period of time. You acknowledge
and agree that these changes may take
place and that Royal Dreams Investments
shall have no liability stemming from
such changes. Any additions or modifications
to the Service shall be at the sole discretion
of Royal Dreams Investments and will be
subject to this TOS. You are solely responsible
for any fees, charges and expenses incurred
by you in accessing and using the Service
- including, but not limited to, standard
text messaging charges that will depend
on the plan that you have with your wireless
carrier. Royal Dreams Investments uses
reasonable efforts to ensure that the
Service is available on a 24/7 basis.
However, there will be occasions when
the Service will be interrupted for maintenance,
repairs, upgrades, failure of telecommunications
links and equipment, and emergencies that
are beyond the control of Royal Dreams
Investments . By using the Service you
agree that Royal Dreams Investments shall
not be liable to you for any modification,
suspension or discontinuance of the Service.
2. USING THE SERVICE
The use of this Service requires successful
login to an Account that is licensed to
and issued by Royal Dreams Investments
and must be duly registered to the individual
accessing the Service. Your password and
account designation will be active upon
completing the Service's registration
process. You are responsible for maintaining
the confidentiality of the password and
account designation and are fully responsible
for all activities that occur under your
password or account designation. You represent
that you are of legal age to form a binding
contract and are not a person barred from
receiving services under the laws of the
United States or other applicable jurisdiction.
You also agree to provide true, accurate,
current, and complete information about
yourself, as well as maintain and promptly
update any registration data to keep it
true, accurate, current and complete.
If you provide any information that is
untrue, inaccurate, not current, or incomplete,
or Royal Dreams Investments has reasonable
grounds to suspect that such information
is untrue, inaccurate, not current or
incomplete, Royal Dreams Investments has
the right to suspend or terminate your
account and refuse any and all current
or future use of the Service or any portion
thereof. The Service is not designed for
or directed to children under the age
of 13. Children under the age of 13 may
not use the Service. Any use of the Service
in violation of or not in strict compliance
with this TOS shall constitute grounds
for the automatic termination of Service,
and shall equally constitute a bar to
your access and use of this and other
websites associated with the Service.
Upon such termination, you shall destroy
any and all materials, computer files,
and documentations of the Service in your
possession and immediately cease marketing,
promoting, distributing, using, or offering
for use the Service in any manner that
may cause the further use of the Service.
3. FEES FOR USING THE SERVICE
Any monetary consideration you paid to
be able to use this Service pays exclusively
and specifically for your right to use
the web-based software which enables you
to create, edit, and send conforming text-based
messages that can be subscribed from and
delivered to cell phones using the authorized
DOTCOM (368266), DOTNET (368638), and
DOTORG (368674) short codes. Any monetary
consideration you paid does not give you
ownership of any code, aspect, part, or
component of the software, and does not
pay for the use of the short codes or
any related telecommunications services.
You do not own any part of the software
that is used in any part of the Service.
No refunds shall be given for discontinued
use, unused software licenses, prepaid
services, or any shipping and handling
fee.
4. YOUR PROPER USE OF THE SERVICE
You understand that any and all "Content"
(information, data, text, messages, or
other materials), whether publicly posted
or privately transmitted, are the sole
responsibility of the person from which
such content originated. This means that
you, and not Royal Dreams Investments
, are entirely responsible for all content
that you upload, post, email, transmit,
or otherwise make available via the Service.
Likewise, Royal Dreams Investments does
not control the content posted via the
Service and, as such, does not guarantee
the accuracy, integrity, or quality of
such content. You understand that by using
the Service, you may be exposed to content
that is offensive, indecent, or objectionable.
Under no circumstances will Royal Dreams
Investments be liable in any way for any
content, including, but not limited to,
for any errors or omissions in any content,
or for any loss or damage of any kind
incurred as a result of the use of any
content posted, emailed, transmitted,
or otherwise made available via the Service.
You agree not to use the Service to upload,
post, text message, email, transmit, or
otherwise make available any adult content,
or any content that may impersonate any
person or entity, as well as infringe
any patent, trademark, trade secret, copyright,
or other proprietary rights. You agree
not to use the Service to upload, post,
text message, email, transmit, or otherwise
make available any content that is considered
unacceptable by the TOS governing the
use of the DOTCOM, DOTNET, and DOTORG
short codes. You agree not to use the
Service to upload, post, text message,
email, transmit, or otherwise make available
any content that is unlawful, harmful,
threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful,
or racially, ethnically, or otherwise
objectionable.
5. TRADEMARKS, COPYRIGHT, AND
PROPRIETARY RIGHTS
Royal Dreams Investments does not claim
ownership of any Content you submit or
make available for inclusion on the Service.
However, with respect to Content you submit
or make available for inclusion on the
Service, you claim that you have the right
to use such Content and grant to Royal
Dreams Investments a perpetual, non exclusive
worldwide, royalty-free, transferable
right and license to use in any way such
Content, including all related intellectual
property rights, to provide the Service.
The Service and any website associated
with this Service, along with any and
all of its aspects, parts or components,
or any combination or permutation of such
aspects, parts and components, are the
exclusive intellectual property of their
creator and are protected under intellectual
property laws and treaties. You may not
exercise any ownership rights over this
Service, any and all of its aspects, parts
or components, or any combination or permutation
of such aspects, parts and components,
and may not exercise any rights over the
same. Specifically, you may not use in
an unintended manner, reverse engineer,
decompile or disassemble this Service
and any and all of its aspects, parts
or components, or any combination or permutation
of such aspects, parts and components.
Any unauthorized reproduction, publication,
further distribution, or public exhibition
of the materials provided on the Service,
in whole or in part, is strictly prohibited.
6. RESELLING THE SERVICE
If you decide to resell, market, promote,
offer or otherwise represent the Service
to others, you hereby agree to market,
promote, distribute, use, and offer for
use the Service in a responsible manner,
and agree to the burden of exclusive and
absolute responsibility for all your Users.
You agree to use only methods, media,
materials and documents approved by Royal
Dreams Investments , and strictly comply
with any and all governmental laws pertaining
to the sending of commercial messages
via the Internet and telephonic devices.
Royal Dreams Investments expressly forbids
you from marketing, promoting, distributing,
using, or offering this Service for use
as a tool to deliver unacceptable materials
as defined in Section4 above and/or unsolicited
commercial messages sent to personal computers
and mobile devices. You may not promote
or refer to this Service or to Royal Dreams
Investments when using any form of unsolicited
commercial messages or any messages not
approved by Royal Dreams Investments .
You understand and agree that Royal Dreams
Investments shall have exclusive and final
right to determine the occurrence of any
violation regarding these matters, whether
by you or your Users, and reserves the
right to immediately terminate your right
to the Service.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
Royal Dreams Investments DOES NOT MAKE
ANY EXPRESS OR IMPLIED WARRANTY OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, ANY
EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK.
Royal Dreams Investments MAKES NO WARRANTY
THAT THE SERVICE WILL MEET YOUR REQUIREMENTS
OR YOUR EXPECTATIONS, OR THAT THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE. Royal Dreams Investments
DOES NOT AND CAN NOT GUARANTEE THE PERFORMANCE
OF THE DOTCOM, DOTNET, AND DOTORG SHORT
CODES. Royal Dreams Investments MAKES
NO GUARANTEES REGARDING MOBILE CONTENT
DELIVERY TIME OR EVEN OF DELIVERY.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,
SHALL Royal Dreams Investments OR ANYONE
ELSE INVOLVED IN ADMINISTERING OR DISTRIBUTING
THE SERVICE OR ANY SOFTWARE OR PRODUCT
PROVIDED IN CONNECTION THEREWITH, BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOST PROFITS, OR LOSS OF REVENUES,
GOODWILL, OR OTHER INTANGIBLE LOSSES THAT
RESULT FROM THE USE OF OR INABILITY TO
USE THE SERVICE, MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR EMAIL
ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION
OR TRANSMISSION, FAILURE OF PERFORMANCE,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS
TO DATABASE RECORDS, PROGRAMS OR SERVICES,
EVEN IF Royal Dreams Investments HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
9. INDEMNIFICATION.
You agree to indemnify, defend and hold
harmless Royal Dreams Investments , and
its officers, directors, employees, subsidiaries,
affiliates, agents, shareholders, suppliers,
and service providers from any costs,
expenses, including, among other expenses,
attorneys' fees and expenses, losses,
damages, specifically excluding consequential,
exemplary, special, indirect or punitive
damages, suits, claims, or liabilities
incurred and arising from or relating
to your marketing, promotion, distribution,
use, or offer to use this Service. You
also agree to indemnify and hold Royal
Dreams Investments , and its officers,
directors, employees, subsidiaries, affiliates,
agents, shareholders, suppliers, and service
providers harmless from any claim or demand,
including reasonable attorneys' fees,
made by any third party due to or arising
out of any and all mobile content you
submit, post, transmit, or make available
through the Service, your use of the Service,
your connection to the Service, your violation
of the TOS, or your violation of any rights
of another.
10. CHOICE OF LAW AND FORUM
Interpretation and enforcement of this
Agreement shall be governed by and construed
in accordance with the laws of the State
of FL, without regard to its conflicts
of law rules. You expressly agree that
the exclusive jurisdiction for any claim
or action arising out of or relating to
this TOS or your use of the Service shall
be filed only in the federal courts or
state courts located in the county where
Royal Dreams Investments maintains its
headquarters in the State of FL, and you
further agree and submit to the exercise
of personal jurisdiction of such courts
for the purpose of litigating any such
claim or action. You agree that regardless
of any statute or law to the contrary,
any claim or cause of action arising out
of or related to the use of the Service
or these Terms of Service must be filed
within one (1) year after such claim or
cause of action arose or be forever barred.
11. ENTIRE AGREEMENT
This TOS constitutes the entire agreement
between you and Royal Dreams Investments
and governs your use of the Service, superseding
any prior agreements between you and Royal
Dreams Investments with respect to the
Service. Except as expressly set forth
in Section 1, the TOS may be modified
only in writing signed by Royal Dreams
Investments . If any provision of this
Agreement shall be held invalid or unenforceable
in whole or in part for any reason, such
provision shall be ineffective to the
extent of such invalidity or unenforceability
without in any manner affecting the validity
or enforceability of any of the remaining
provisions of this Agreement. Any failure
by Royal Dreams Investments to exercise
or enforce any right or provision of the
TOS shall not constitute a waiver of such
right or provision. You acknowledge that
the TOS and any modifications thereto
constitute the complete agreement regarding
this subject, and supersedes any prior
oral or written communications relating
to this subject. Report any violation
of this TOS to:
Royal Dreams Investments
6258 Arlington Way
Fort Pierce, FL 34951
561-685-6950
info@bacfl.com
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