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].
