Terms of Service (Terms)

Last updated: May 31, 2019

1.         Definitions and Interpretation

1.1       In these Terms:

1.1.1     "We” or “Us” or like terms refers to Temp-SMS.org, the provider of the Services;

1.1.2     "you" refers to the user or viewer of our Website and /or the user of the Services;

1.1.3     "Content" means all information, links to websites or content published on any websites, data, text, software, music, sound, photographs, graphics, video, messages or other materials;

1.1.4     “Privacy Policy” means our privacy policy in force from time to time;

1.1.5     “Services” means the services we provide to you as set out in clause 3 and such other services provided by us from time to time;

1.1.6     “Website” means our website under which we provide the Services;

2.         Applicability

2.1       These Terms apply to the provision of Services. By using or requesting Services from us you agree to be bound by these Terms.

2.2       These Terms may be amended from time to time with or without notice to you. Your continued use of the Website and / or the Services following such amendment constitutes acceptance of the terms as amended.

2.3       Each of our Services may be subject to specific terms, rules or guidelines which shall be incorporated by reference into these Terms.

2.4       You also agree to be bound by our Privacy Policy with regard to any information that you provide to us.

3.         Service Description

3.1       We provide the following Services, containing the features and limitations which are set out in this clause:

3.1.1     SMS Receiving- a function in receiving SMS online publicly for anyone to view.

4.         Warranties

4.1       You warrant and represent that:

4.1.1     You are of legal age to form a binding contract (are at least 18 years old) and are not a person barred from receiving services under the laws of any applicable jurisdiction.

4.1.2     You will obtain all authorisation required by law, including any consent required from the visitors of your website and any consent required from any person from whom you collect information (including personal information) using the Services.

5.         User Conduct

5.1       You agree to not use the Services to:

5.1.1     Undertake any unlawful purpose or do any act or thing which in any way constitutes or encourages conduct that would constitute a criminal offence.

5.1.2     Link to, upload, post, email, transmit or otherwise make available any Content that:

(a)       Is adult in nature, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, hurtful, which is invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b)       Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(c)        Contains 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;

(d)       You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(e)       Constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy);

(f)         Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or

(g)       Intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;

5.1.3     Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

5.1.4     Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

5.1.5     Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users" ability to engage in real time exchanges;

5.1.6     Create "redirect loops" with other URL Shortener services;

5.1.7     Create spam with URL Shortener links anywhere, including forums / chat / comments / blogs; or

5.1.8     Otherwise use the Website and the Services in a manner deemed inappropriate by us.

5.5       You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.

5.6       You acknowledge that any information you post or share on the third party sites (including social media sites such) may become publicly available. You understand and accept that use of the Services may involve special risks associated with other persons knowing your location. You should only share such information with those that you trust. You are solely responsible for the consequences of sharing or publishing your location information with others and/or making such information publicly available.

6.         Intellectual Property

6.1       Copyright in the Website and all software, materials, data and information relating to the Services vests in us and may not be copied, reproduced or distributed by any means or in any manner without our prior written consent.

7.         Content

7.1       You are solely responsible for all Content that you, or anyone using your account, upload, post, email, transmit or otherwise make available using the Services.

7.2       We do not control any Content posted via the Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we 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, redirected to, transmitted or otherwise made available via the Services.

7.3       We do not claim ownership of Content you submit or make available for inclusion on the Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you grant to us the following world-wide, royalty free and non-exclusive license(s), as applicable:

7.3.1     With respect to photos, graphics, audio or video you submit or make available , the licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This licence exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or we remove such Content from the Service.

7.3.2     With respect to Content other than photos, graphics, audio or video, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

7.4       "Publicly accessible" areas of the Services are those areas of the Website that are intended by us to be available to the general public.

8.       Third Party Materials and Links

8.1    You understand and agree that the Website and the Services may include content, information and advertisements provided by third parties as well as links to websites provided by third parties (Third Party Content).

8.2    We are not responsible for the content or suitability of Third Party Content and we do not endorse, recommend or accept responsibility for Third Party Content.

8.3    You access any third party websites at your own risk.

9.       Indemnity

9.1    You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders 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:

9.1.1   Content you submit,

9.1.2   Your use of the Services;

9.1.3   Your failure to comply with these Terms or the Privacy Policy;

9.1.4   Your breach of any data protection law and regulation, or

9.1.5   Your violation of any rights of another person.

10.       No resale of Services

10.1    You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services (including your ID), use of the Services, or access to the Services.

11.       Modification of Services

11.1    We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

12.       Termination

12.1    We may without prior notice, immediately terminate your account and use of the Services for any reason, including but not be limited to,

12.1.1   Breaches or violations of these Terms or other incorporated agreements or guidelines;

12.1.2   Requests by law enforcement or other government agencies;

12.1.3   Discontinuance or material modification to the Services (or any part thereof),

12.1.4   Unexpected technical or security issues or problems, and

12.1.5   Extended periods of inactivity.

12.2    Termination of your account includes:

12.2.1   Removal of access to all offerings within the Services, including but not limited to our technical support and feedback messaging system,

12.2.2   Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof); and

12.2.3   Barring further use of the Services.

12.3    We shall not be liable to you or any third-party for any termination of your account or the Services.

12.4    We will terminate your account following your written request.

13.       Disclaimer of Warranties

13.1    You expressly understand and agree that:

13.1.1   Your use of the Services is at your sole risk,

13.1.2   The Services are provided on an "as is" and "as available" basis.

13.1.3   We expressly disclaim all warranties, conditions or assurances of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose.

13.1.4   Without limiting clause 13.1.3 we make no warranty that

(a)       The Services will meet your expectations or requirements,

(b)       The Services will be uninterrupted, timely, secure, or error-free,

(c)        The results that may be obtained from the use of the Services will be accurate or reliable,

(d)       The quality, accuracy, reliability or effectiveness of any information or Content obtained by you through the Services, and

(e)       Any errors in the software will be corrected.

13.1.5   Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

13.1.6   No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in these Terms.

14.       Limitation of Liability

14.1    You expressly understand and agree that we shall not be liable to you 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 we have been advised of the possibility of such damages), resulting from the use of the Website or the use of the Services.

17.       General

14.1    We do not waive any right, power or remedy if we fail to exercise or delay in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy.

14.2    These Terms constitute the entire agreement between us and supersede all previous agreements, understandings and negotiations (whether written oral or both) in relation to the Services.

14.3    You agree to execute such further documents and do all acts, matters or things reasonably required to give effect to the provisions and intent of these Terms.

14.4    If any of these Terms is or becomes invalid, void, illegal or unenforceable, to the extent permitted by law, the validity, existence, legality and enforceability of the remaining Terms will not be affected, prejudiced or impaired.

14.5    No amendment of these Terms is effective without our written agreement.

14.6    You must not assign, novate or otherwise transfer any of your rights or obligations in connection with the Services or under these Terms without our prior written consent.

14.7    The provision of the Services and these Terms are governed by and construed in accordance with the laws of New Zealand and you submit to the non exclusive jurisdiction of the New Zealand Courts.

15.       Contact Information

15.1    If you have any questions regarding any of these Terms please contact us using the contact form available on the Website or email [email protected].