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Welcome to SMS Pals, this is located at www.SMSpals.com (the “Website”). These Terms of Service ("TOS") contain the terms and conditions that govern your use of the Website and the SMSpals.com service (as defined below). This TOS describes your rights and responsibilities and what you can expect from SMS Pals. Use of the SMSpals.com website constitutes your acceptance of and agreement to this TOS.
SMSpals.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the SMSpals.com website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the website and the services therein. Your continued use of the SMSpals.com website following posting of a change notice or new TOS on the SMSpals.com website will constitute binding acceptance of the changes.
1. SMS Pals! Service.
SMSpals.com provides a number of Internet-based services through the Website (all such services, collectively, the "SMSpals.com Service"). One such service enables users to create customized pages on the site, including without limitation, blogs, picture galleries and video galleries, (collectively, "Products"). SMSpals.com users may create individual pages for their own use but may not sell products through their own page on the Website ("Shops"). Users are however allowed to advertise private sales on other sites. SMSpals.com may offer a number of other services on its Website, including without limitation, message boards, contests, and newsletters, which may change from time to time.
2. Use of the Web Site and SMS Pals! Service.
2.1 Eligibility. SMSpals.com will only knowingly provide the SMSpals.com service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the SMSpals.com Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The SMSpals.com Service is not intended for children under the age of 13.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the SMSpals.com service and the website.
2.3 Third-Party Services. SMSpals.com may use third parties to provide certain services accessible through the Website. SMSpals.com does not control those third parties or their services, and you agree that SMSpals.com will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this TOS when you use those services. If any such terms or policies conflict with SMSpals.com's TOS, agreements or policies, you must comply with SMSpals.com's TOS, agreements or policies, as applicable.
3. General Rules.
3.1 Prohibited Use. You may only use the SMSpals.com Service as expressly permitted by SMSpals.com. You may not cause harm to the Website or the SMSpals.com Service. Specifically, but not by way of limitation, you may not: (i) interfere with the SMSpals.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the SMSpals.com Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the SMSpals.com Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain SMSpals.com's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the SMSpals.com Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by this TOS.
3.2 Privacy Policy. At SMSpals.com we recognize that privacy is important. Please see the privacy policy for more information.
4.1 Description. As part of the SMSpals.com Service, SMSpals.com offers a service that allows you to upload images, video, data, and other content (collectively, "Content") to the Website to create and produce Products featuring the uploaded Content for your own use.
4.2 Delivery of Content. You will upload or deliver to SMSpals.com all Content that you want to use with the Service in accordance with the applicable instructions on the Website. SMSpals.com may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Service.
4.3 Licensing Your Content to SMSpals.com. You will retain ownership of the Content that you upload to the Website. You hereby grant to SMSpals.com a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as SMSpals.com deems necessary to enable you to use the Service to create and produce Products.
5. Reservation of Rights.
5.1 Monitoring. SMSpals.com reserves the right, but does not assume the obligation, to monitor content and communications that occur through the Website. If SMSpals.com determines, in its sole and absolute discretion, that you or another SMSpals.com user will breach a term or condition of this TOS or that such content or communication is inappropriate, SMSpals.com may cancel membership and access thereon or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
5.2 Modification of the Service. SMSpals.com reserves the right to modify the organization, structure or "look and feel" of the SMSpals.com Service or the Website, and may change, suspend, or discontinue any aspect of the SMSpals.com Service at any time without any liability to you or any third party. SMSpals.com shall have complete discretion over the features, functions, prices and other terms and conditions on which the SMSpals.com Service is offered to SMSpals.com users.
6. Submissions.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant SMSpals.com permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. By texting the word PALS upon registration you agree to obide by these rules and understand that there is a possiblility of you being charged in the future a maximum of £1.50 per message received. You also understand that you can cancel this at any point by replying with the word STOP. You agree that SMSpals.com will have no obligation to keep any Submissions confidential. You will not bring a claim against SMSpals.com based on "moral rights" or the likes arising from SMSpals.com's use of a Submission. This Section does not apply to your Content that you use in connection with the Service.
7. Representations and Warranties.
7.1 Mutual Representations and Warranties. You represent and warrant to SMSpals.com and SMSpals.com represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
7.2 By You. You represent and warrant to SMSpals.com that, in your use of the SMSpals.com Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to SMSpals.com that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) SMSpals.com will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that SMSpals.com incurs in providing the SMSpals.com Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
8. Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES. SMSpals.com PROVIDES THE WEBSITE AND SMSpals.com SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMSpals.com DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SMSpals.com SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. SMSpals.com MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
9. Limitation of Liability.
LIMITATION OF LIABILITY. SMSpals.com WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SMSpals.com SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification.
You must indemnify and hold SMSpals.com and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify SMSpals.com under this Section, SMSpals.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without SMSpals.com's express written permission.
11. Termination.
11.1 Termination. In its sole discretion, with or without notice to you, SMSpals.com may: (i) suspend, limit your access to or terminate your use of the Website and/or the SMSpals.com Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from SMSpals.com's servers and directories and (iv) prohibit you from using the SMSpals.com Service and/or the Website.
11.2 Survival. Notwithstanding Section 11.1 above, this TOS will survive indefinitely unless and until SMSpals.com chooses to terminate this TOS.
11.3 Effect of Termination. If you or SMSpals.com terminates your use of the Website or the SMSpals.com Service, SMSpals.com may delete any Content or other materials relating to your use of the SMSpals.com Service on SMSpals.com's servers or otherwise in its possession and SMSpals.com will have no liability to you or any third party for doing so.
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