ENTERING, ACCESSING, VIEWING, DOWNLOADING, OR OTHERWISE USING A WEB PAGE, INFORMATION, OR SERVICES PROVIDED ON, THROUGH OR BY SMS.AC, WHETHER ON SMS.AC, FANBOX.COM, MOBILEGUARD.ORG, OUR MOBILE APPLICATIONS OR WEB PAGES ON THE WORLDWIDE WEB, (“SMS.AC NETWORK” or “NETWORK”) WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER, ACCESS, VIEW, DOWNLOAD, OR OTHERWISE USE ANY WEB PAGE, MOBILE APPLICATION, INFORMATION OR SERVICE OF THE SMS.AC NETWORK INCLUDING SERVICES OR INFORMATION OFFERED THROUGHOUT THE WORLD WIDE WEB. THESE TERMS AND CONDITIONS APPLY REGARDLESS OF HOW YOU ACCESS THE SMS.AC NETWORK AND WHETHER OR NOT YOU ARE ACCESSING THE SMS.AC NETWORK ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY WHERE SUCH ENTITY MAY HAVE A SEPARATE AGREEMENT WITH US OR BY ACTION OF A USER OF THE NETWORK.
THIS AGREEMENT WILL CONSTITUTE A LEGALLY ENFORCEABLE CONTRACT. SMS.AC AND YOU ACKNOWLEDGE AND AFFIRM THEIR RESPECTIVE INTENTIONS TO BE LEGALLY BOUND BY THIS AGREEMENT.
The mission of the SMS.ac Network is to connect people locally and worldwide and enable them to be more connected with current contacts and meet new friends. The free exchange of information is promoted on the SMS.ac Network, but the industry has witnessed conflicting trends between freedom of speech and claims of copyright infringement. We want to uphold bloggers’ rights but also wish to protect them against such claims. The SMS.ac Network allows avatars and alter-ego personalities into the community. The SMS.ac Network is an entertainment service, whereas each person may have a profile (which are made available on the Web and/or mobile devices) and provides users with access to a collection of services and resources, including various communication tools, content, information, applications, tools, blogs, and programming offered from time to time through its network of properties and third party partners available on SMS.ac properties, the world wide web and mobile. The service described in this section and in this Agreement, all web pages, information and/or services collectively or independently viewed, accessed, downloaded or otherwise used are referred to herein as the "Service" or in plural “Services”.
You agree to comply with all applicable laws, this Agreement, and all Terms of Service, as may be amended from time to time with or without advance or any notice to you. You may review the most current version of this Agreement at: Terms and Conditions.
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having an account on the SMS.ac Network, (3) are not a competitor of SMS.ac or are not using the Services for reasons that are in competition with SMS.ac; (4) will only maintain one SMS.ac account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of SMS.ac, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
You agree to: (a) provide, maintain and update true, accurate, current and complete information about yourself as prompted by the Service's registration and account forms (such information being the "Registration Data"); (b) not permit others to use your account; and (c) refrain from using other’s accounts. Further you are solely responsible for anything that happens through your account until you affirmatively delete your account from the SMS.ac Network or prove that your account security was compromised due to no fault of your own. You agree to (a) immediately notify SMS.ac of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. SMS.ac cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
If you provide any information that is untrue, inaccurate, not current or incomplete, or SMS.ac has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SMS.ac 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).
You own the information you provide on the SMS.ac Network under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant the SMS.ac Network a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to Us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to or on the SMS.ac Network, including but not limited to any user generated content, ideas, concepts, techniques or data to the Services, you submit to Us or on or through the SMS.ac Network, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to Us is at your own risk of loss as noted in this Agreement.
By providing information to Us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
If you purchase any services that We or third parties offer on or through the SMS.ac Network for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Us storing your payment information whether such be mobile phone number, credit card, or other payment method information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, subscription fees for premium accounts) as they become due plus all related taxes, and to reimburse Us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your subscription to the Premium Services. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. You may cancel your Premium Services by contacting us at email@example.com. You also acknowledge that Our Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
You understand that We may modify services at any time and that SMS.ac specifically reserves the right from time to time to alter the selection, functionality and pricing of Premium Services, free services and all offerings or eliminate any service (including Premium Services) in whole or in part, with or without notification to you.
You acknowledge that SMS.ac shall not be responsible or liable in any way for any Content, as defined in 3.A. below, you may purchase via the Service including the accuracy, usefulness or availability of such Content. SMS.ac reserves the right to restrict or deny access to Content at any time which you may have purchased. If such occurs, you are entitled to a refund for the sum paid during that particular month (or portion thereof).
If you select to purchase Premium Services by providing your mobile phone number account; all Premium Services, whether or not they are delivered to or accessible by your mobile phone, may include a premium message charge on your mobile phone account. You may also be charged for standard messages by your mobile phone provider. Please check your agreement with your mobile phone provider to see if you are charged for receiving standard messages. If you do not wish to receive messages on your mobile phone from SMS.ac, its users, and/or its third party application partners simply reply "stop" to any type of text message, and that specific type of text message or service will permanently cease, including Premium Services. To permanently stop premium billing messages from all SMS.ac products, its users and third party applications on the SMS.ac Network simply reply "stop all" to any text message. You may cancel your Premium Services on the by contacting us at firstname.lastname@example.org.
Please note that the “stop all” text reply command to any premium message will permanently cancel your Premium Service; however, unless otherwise required by your mobile operator or any regulatory body, your SMS.ac web account will remain active. Unless otherwise stated, all fees on the Premium Services are quoted in United States Dollars.
Please check back often to understand the latest and current offerings, and simply reply “STOPALL” to any premium text message received by you from SMS.ac to cease all billing subscriptions for that Premium Service.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so. You may contact us by sending an email to email@example.com or by mail at the following address: FanBox 611 K Street, Suite B411, San Diego, CA 92101 USA.
For purposes of service messages, notices, promotions, user interactions with current contacts and new contact introductions, third party services and information about the Services to you, may be communicated via your account, profile, posted on the Services and/or delivered by email from Us to an email address associated with your account, even if We have other contact information. You also agree that We may communicate with you through your account on the SMS.ac Network or through other means including email, mobile number, telephone, or delivery services including the US Postal Service. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
We may offer the Services through mobile and web applications, blogs, information and services created by Us or third party developers and bloggers (“Platform Developers”).
If you use the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to Us, including but not limited to your mobile carrier, your mobile device, your mobile phone number, your data and associated actions or your physical location. In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Services using a mobile device, you represent that to the extent you import any of your data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your SMS.ac account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the SMS.ac Network, including Services offered by Platform Developers, through your mobile provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile device and mobile account plan.
Please note, that by using, accessing or downloadable any application, information, or Service from a Platform Developer to enable your use of the Services, you are explicitly confirming your acceptance of the terms, conditions and privacy policies associated with that application as may be updated from time to time.
We offer various user communications applications and tools by Us and Platform Developers such as blogs, comments, wall postings, emails, digital gifts and other Services where you can post and share your observations, comments, photos and access and/or receive the like posted and shared by other users. Ideas you post and information you share may be seen and used by other users, and We cannot guarantee that other users will not use the ideas and information that you share on the SMS.ac Network. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it anywhere on the SMS.ac Network. SMS.AC IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON THE SMS.AC NETWORK.
Profile information will be publicly available for viewing and should be regarded for entertainment purposes only. One benefit of the Service is to enable users to meet and interact with other users. To promote community, We facilitate user interaction and communication by using SMS.ac’s proprietary community technology ("community algorithm"). The purpose of the community algorithm is to ease the progression for newer community users to become active community participants and to continuously engage all users to use the Service. One of the features of the community algorithm is that it may bring non-participants back to the Service or to the forefront of user searches, through smart demographic and psychographic algorithms employed by products including but not limited to search products such as people search, fans, who’s online, friend finder,and friends near you, significantly enhancing the chances of less active users being discovered by other community users, as well as receiving communications. SMS.ac also employs community representatives who, among other tasks, remove pornography and hate-communications, assist users by answering questions, and help groups, clubs and especially users to become active participants of the community. SMS.ac and its community representatives reserve the right to communicate directly with users through any of the community tools provided, as well as to use automation to do some or all parts of their jobs, including the removal of photos, pornography, or hate communications, as well as to communicate with users through the Web site, mobile phone applications, or text messaging, with the objective of encouraging users to become active users of the community. For security purposes, community representatives may use simulated or assumed identities, photos and interests in their profiles. You agree that your public profile information, including but not limited to your display name, photograph, interests and greeting may be utilized by the community representatives or community technology to encourage other users to communicate with you or to interact with the Service. Inactive profiles that have not been utilized by their creators in over 18 months may be removed or modified.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including but not limited to the release of new SMS.ac properties, shall be subject to this Agreement. You understand and agree that the Service is provided "AS-IS" and that SMS.ac assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings, or for the accuracy thereof.
Your use of Our Services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
You consent to having your personal data transferred to and processed in the United States. If you are in a country currently embargoed by the United States or is on the U.S. Treasury Department's list of Specially Designated Nationals, you cannot engage in commercial activities on SMS.ac (such as advertising or payments) or operate a Platform Application.
You understand that all information, data, text, files, graphics, links, music, photographs, software, sound, video, messages, communication, blog postings, applications, writing, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Accordingly, you, not SMS.ac, are entirely responsible and liable for all activities conducted through your Account. SMS.ac does not control the Content posted or transmitted in any way via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using this Service you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will SMS.ac be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, sent via SMS or otherwise transmitted via the Service. Listed below are some, though not all, violations that may result in SMS.ac terminating your Account. You agree not to do any of the following actions while using the Service:
You acknowledge that SMS.ac doesn't pre-screen Content, but that SMS.ac and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limitation, SMS.ac shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SMS.ac, transmitted through the Service or a 3rd party partner of SMS.ac, or submitted to SMS.ac.
You acknowledge and agree that SMS.ac may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, including but not limited to criminal and civil subpoenas, court orders, or other compulsory disclosures; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties, whether or not the third party is another user, individual, or government agency; (d) respond to customer service inquires; or (e) protect the rights, property, or personal safety of SMS.ac, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
For purposes of this Agreement, "publicly accessible areas” are those accessible by the general public.
With respect to Content you elect to post on the world wide web, mobile and SMS.ac Network for inclusion in publicly accessible areas , you grant SMS.ac the world-wide, royalty free, perpetual, irrevocable, non-exclusive, unlimited, assignable, and sublicensable fully paid up and royalty free right and license to use, copy, reproduce, modify, improve, distribute, publish, remove, retain, add, process, analyze, adapt, translate, create derivative works of, display such Content (in whole or part) worldwide on or through the SMS.ac Network (including mobile services), including the creation of your personal profile made available to you and other users in the community as well as onto other web sites on the worldwide web, and/or to incorporate it in other works in any form, media, or technology now known or later developed and commercialize, in any way now or in the future.
You agree that this license includes a right for the SMS.ac Network to make such Content available to other companies, organizations or individuals with whom SMS.ac has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. You understand that SMS.ac, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit SMS.ac to take these actions.
You confirm and warrant to SMS.ac that you have all the rights, power and authority necessary to grant the above license.
SMS.ac provides users of the community with tools to research information publicly available on the web to facilitate the creation of new or transformative works, that is, your Content, to be posted and shared on and/or through the SMS.ac Network to the general public on the Internet. You agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant SMS.ac all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to the SMS.ac community guidelines, as they may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
SMS.ac does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and SMS.ac expressly disclaims any and all liability in connection with Content. SMS.ac does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and SMS.ac will remove all Content if properly notified that such Content infringes on another's intellectual property rights. SMS.ac reserves the right to remove Content without prior notice.
Provided that you comply with all your obligations under this Agreement, We grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of SMS.ac), view information and use the Services that we provide in accordance with this Agreement. Any other use of Services contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in SMS.ac, the SMS.ac Network, the Services and all related items.
For as long as SMS.ac continues to offer the Services, SMS.ac shall provide and seek to update, improve and expand the Services. As a result, we allow you to access the SMS.ac Network and Services as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or change and modify prices for all or part of the Services in Our sole discretion. All of these changes shall be effective upon their posting on Our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by Us to be contrary to this Agreement.
You acknowledge that SMS.ac may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the SMS.ac servers 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 agree that SMS.ac has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that SMS.ac reserves the right, but not the obligation, to log off accounts that are inactive for more than 90 days. You further acknowledge that SMS.ac reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
For avoidance of doubt, We have no obligation to store, maintain or provide you a copy of any Content that you or other users provide when using the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers and/or third party content provider, Platform Developer (including blog content providers), business entity or person (collectively “Third Party Provider”) found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such party. You agree that SMS.ac shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Third Party Provider on the Service.
In addition, SMS.ac does not regulate user-to-user dealings, therefore, in the event you have a dispute with one or more users of the Service, You agree that SMS.ac shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such user or users on the Service. You are solely responsible for your interactions with other users. We reserves the right, but have no obligation, to monitor disputes between you and other users and to restrict, suspend, or close your account if We determine, in our sole discretion, that doing so is necessary to enforce this Agreement.
From time to time, SMS.ac may allow Third Party Providers to purchase advertisements (“Advertisements” or “Ads”) on the SMS.ac Network in accordance with the terms specified herein as well as those posted on the FanBox website. Advertisements are created by the Third Party Provider. However, SMS.ac community representatives may make non-material modifications to submitted advertisements so that they conform with posted guidelines. Third Party Providers not wishing for submitted advertisements to be modified may contact SMS.ac at firstname.lastname@example.org. However, SMS.ac reserves the right to accept or reject any advertisement.
The Service may provide, or Third Party Providers may provide, links to other World Wide Web sites or resources. Because SMS.ac has no control over such sites and resources, you acknowledge and agree that SMS.ac is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SMS.ac 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 such content, goods or services available on or through any such site or resource.
We also enable Platform Developers to create services, blogs, information and applications (“Platform Applications”) that provide features, information, data, writings, and functionality which may use data and developer tools made available by Us.
We are not responsible for and do not endorse any features, services, content, advertising, products or other materials on or available from Third Party Providers including Platform Developers and their Platform Applications. We do not screen, audit, or endorse Platform Applications. Therefore you are accessing Third Party Provider services and/or Platform Applications, at your own risk and agree that your use of such is on an “as-is” basis without any warranty as to the actions of the Third Party Provider or Platform Developer.
Users, Bloggers and Platform Developers can buy Advertisements on the SMS.ac/FanBox Network. The following terms apply to the purchase of Ads:
When you submit Ads, you will tell Us the type of advertising you want to buy and the amount you want to spend. If we accept your Order, we will deliver your Ads as inventory becomes available. When serving your Ad, we will undertake reasonable commercial efforts to deliver the Ads to the audience you specify. However, We cannot guarantee that your Ad will always reach its intended target.
We may refuse ads at any time for any reason, including our determination that they promote competing products or services or negatively affect our business or relationship with our users.
All payments made to SMS.ac by Third Party Providers, including credit card payments, and all payments made from SMS.ac to Third Party Providers are processed through and by MobileGuard or other billing mechanism as may be selected by SMS.ac. If you make or accept a payment, if you access or make content available on the Blogs Service, if you access the Developer Platform, if you access or make available Platform Applications, content, services or information on the SMS.ac Network, you agree to Our MobileGuard Terms and all posted guidelines and terms on the SMS.ac Network in regards to such transaction or if other billing mechanism is utilized to the terms related thereto.
If you are a Platform Developer or operator of a Platform Application (including but not limited to websites, content, information, and applications), the following additional terms apply to you:
From time to time at its sole discretion SMS.ac may make special offerings to you of "free money" or "gift certificate" type promotional credit. You understand, agree and acknowledge that although the term "free money" or "gift certificate" is used, such equates to SMS.ac credits, in accordance with the terms of each special offering. You acknowledge that verification of your mobile phone may be required for redemption of any such offer from SMS.ac. You understand and acknowledge that references to the SMS.ac Bank account are for convenience only and that SMS.ac does not operate a Bank. No interest is earned on funds in your SMS.ac Bank account, and these funds are not insured. Offers may be made in the form of credits deposited into your SMS.ac Bank account. These credits may be utilized solely for SMS.ac Services and are not redeemable for cash. These promotions will also be subject to specific time limits and limitations on redemption and usage. In the event the balance of promotional credit is depleted and you purchase Content and/or Services through the SMS.ac Services for a fee which exceeds the balance of your promotional funds, the sequence in which monies will be debited from and/or charged through the SMS.ac Service is as follows: 1) "free" or promotional credits (if applicable); 2) earned revenue (if applicable – posted conditions apply); and thereafter 3) charged to your mobile phone. You agree that promotional monies remaining unused expire automatically in accordance with the terms of the promotion but in no event later than one hundred and eighty days following the date of award.
SMS.ac may from time to time make payments to Third Party Providers based on a combination of factors, including effectiveness in acquiring new members for FanBox, number of users subscribing to your post or fans of your Platform Application. You agree that SMS.ac has the right in its sole discretion to determine those applications entitled to payouts to the exclusion of other applications. SMS.ac reserves the right to discontinue payments at any time or to modify the factors taken into account for payment without advance notification. SMS.ac further reserves the right to reduce payments based on community ratings, user complaints and number of opt-outs from the Service related to Third Party Provider content.
Due to payment processing costs, SMS.ac reserves the right to establish a minimum amount earned by a Third Party Provider and available for payout prior to making any payments to a Third Party Provider account. Until such time as a Third Party Provider’s account exceeds the minimum payout amount, SMS.ac will not be obligated to make any payments whatsoever. In the event a Third Party Provider cancels the SMS.ac membership prior to earning the minimum payout amount, SMS.ac will not be obligated to make any payments whatsoever. Amounts remaining in a Third Party Provider’s account that are less than the minimum payout amount will be deemed a termination charge to cover costs of closing a Third Party Provider’s account.
Unless SMS.ac has been notified in writing as specified in paragraph 15. Notices of a legitimate dispute regarding Services made available on the SMS.ac Network, services made available on the SMS.ac Network such as advertising services paid by credit card, Western Union or other method of payment are nonrefundable. Notwithstanding the foregoing, SMS.ac reserves the right to refund any of the aforementioned amounts but does not assume this obligation.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You agree to indemnify and hold SMS.ac, and its subsidiaries, affiliates, officers, agents, customers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, Content purchased or received from 3rd parties on or through the Service, your violation of this Agreement, or your violation of any rights of another.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements, applications, Content or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. "SMS.ac Trademarks" means all names, marks, brands, logos, designs, trade dress and other designations that are used by SMS.ac in connection with its website, products and services, including, without limitation, FanBox, Dashboard, SMS.ac, SMS.ac Always Connected, SMS Flirt, Mobile Flirt, Mobile Pod, Mobile Homepage, Blogcast, Pay Per Click, Mobile Photo Album, MobileGuard, Premium Blogs, and Global Mobile.
All other trademark and service marks appearing on SMS.ac’s web site which do not belong to SMS.ac are the property of their respective owners. Except as expressly authorized by SMS.ac or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. SMS.ac grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by SMS.ac for use in accessing the Service. Persons pictured upon the SMS.ac Network may consist of models.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON THE SMS.AC, ITS SERVICES, THE SMS.AC NETWORK, AND ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE SMS.AC NETWORK AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY SMS.AC OR ANYTHING RELATED TO SMS.AC, YOU MAY CLOSE YOUR SMS.AC ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 15 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
SMS.AC IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES AND COMMUNICATIONS (SUCH AS EMAILS, BLOGS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH SMS.AC TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.
WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OUR SERVICES, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF OUR SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
SMS.AC DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. SMS.AC DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, SMS.AC DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SMS.AC NETWORK DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMS.AC, NOR ANY OF OUR SUBSIDIARIES AFFILIATED COMPANIES, EMPLOYEES, SHAREHOLDERS, OR DIRECTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMS.AC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SMS.AC'S LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF(A) THE AMOUNT OF FEES YOU PAY TO SMS.AC IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service, including any Third Party Providers, concerning companies, stock quotes, investments or securities, please read the above Sections 12 and 13 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. SMS.ac shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
You may terminate this Agreement, for any or no reason, at any time, with notice to SMS.ac. This notice will be effective upon SMS.ac processing your notice.
You agree any Content within the Service, for any reason, including, without limitation, for lack of use or if SMS.ac believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. SMS.ac may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that SMS.ac may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SMS.ac shall not be liable to you or any third-party for any termination of your access to the Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Notices to you may be made via email, SMS (short message service), regular mail, or the Service may also provide notices of changes to this Agreement or other matters by posting notices or links to notices generally on the Service. You may contact SMS.ac via email at email@example.com or by mail sent to the following address: FanBox 611 K Street, Suite B411, San Diego, CA 92101 USA.
SMS.ac respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SMS.ac's Designated Copyright Agent the following information:
The above information should be sent in writing to FanBox''s Designated Copyright Agent at:
Navigato & Battin, LLP
755 West A Street, Suite 150
San Diego, CA 92101 USA
It is SMS.ac's policy to terminate the accounts of users who infringe the intellectual property rights of others. SMS.ac reserves the right to determine whether Content violates the terms of Service including but not limited to copyright infringement. SMS.ac may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of SMS.ac terms of Service.
If you have been notified of an allegation that your Content infringes the copyrights of others but believe that your Content does not infringe the copyrights of others, you may provide us with a "counter-notice" providing the following information:
If we receive a compliant counter notification we will promptly notify the claiming party of your counter notification. If the copyright owner does not bring a lawsuit in district court within 14 days, we will then restore the material to its location on its network.
This Agreement constitutes the entire agreement between you and SMS.ac and governs your use of the Service, superseding any prior agreements between you and SMS.ac. You also may be subject to additional terms and conditions that may apply when you use affiliate services and those of Third Party Providers. This Agreement and the relationship between you and SMS.ac shall be governed by the laws of the State of California, USA without regard to its conflict of law provisions. Any controversy or claim arising out of or relating to this Agreement, your use of the Service or Network, or the breach thereof, shall be settled by final and binding arbitration conducted in San Diego, California and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection. The judgment on the award rendered by the arbitrator(s) may be entered in any court having proper jurisdiction thereof located in San Diego, California. For purposes of enforcing the judgment rendered by the arbitrator(s), You and SMS.ac agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California, USA. The failure of SMS.ac to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect. "SMS.ac" and "SMS.ac Always Connected" are service marks owned by SMS.ac, Inc., all other trademarks are the property of their respective owners. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at Terms and Conditions. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 15 (Termination). In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, SMS.ac for any third party that assumes our rights and obligations under this Agreement and/or has indemnified SMS.ac for its acts or omissions to act.
Please report any violations of this Agreement to our firstname.lastname@example.org.
By using the SMS.ac Network, you are appointing SMS.ac to be your agent and authorizing SMS.ac to store, in your profile, your usernames and passwords (provided by you) to other web site services (“Other Sites”) and to act on your behalf to access and interact with such Other Sites for purposes of (i) unifying access to all your information, actions, and data Other Sites from a single login, (ii) retrieving information from, and submitting information to, Other Sites, including but not limited to photos, profile information, contact and social maps, posts, communications, applications, preferences, and usage trends and more and (iii) providing value-added services and features to enhance your experience inside the SMS.ac Network and Other Sites.