Public SMS Initiative software,
sometimes referred to as (the “Software”) and accompanying documentation
that are made available by download from www.smsplanet.org or on CD-ROM
format are the copyrighted work of Public SMS Initiative and its
stakeholders. Use of the Software is governed by the terms of the end
user license agreement that accompanies or is included with such
Software. You will not be able to download or install any software that
is accompanied by or includes an end user license agreement unless you
agree to the terms of such end user license agreement. If you do not
agree to such terms, you will not be able to use the Software. You may
not decompile, reverse engineer or otherwise attempt to discover the
source code of the Software available on the www.smsplanet.org.
Warranties and Disclaimers Except as expressly provided
otherwise in a written agreement between you and Public SMS Initiative,
the materials in or purchased through this site are provided “as is” and
without warranties of any kind either express or implied. To the fullest
extent permissible pursuant to applicable law, Public SMS Initiative
disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability or fitness for a particular
purpose, or the warranty of non-infringement. Without limiting the
foregoing, Public SMS Initiative does not warrant that the functions
contained in the service will be uninterrupted or error-free, that
defects will be corrected, or that this service or the server that makes
it available are free of viruses or other harmful components. Public SMS
Initiative does not warrant or make any representations regarding the
use or the results of the use of the materials in this service in terms
of their correctness, accuracy, reliability, or otherwise. You (and not
Public SMS Initiative) assume the entire cost of all necessary
servicing, repair, or correction. Applicable law may not allow the
exclusion of implied warranties, so the above exclusion may not apply to
you. Without limitation of the foregoing, you acknowledge that as a
service to users of the Public SMS Initiative service, we include links
to other web sites on the world wide web portion of the internet and
that Public SMS Initiative has no control over, and makes no
representations of any kind whatsoever, regarding the content or
appropriateness of content on such web sites and you hereby irrevocably
waive any claim against us with respect to such web sites.
Under no circumstances,
including, but not limited to, negligence, shall Public SMS Initiative
be liable for any special or consequential damages that result from the
use of, or the inability to use, the materials, the site, or any other
web site, even if Public SMS Initiative or a Public SMS Initiative
authorized representative has been advised of the possibility of such
damages. Applicable law may not allow the limitation or exclusion of
liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you. No advice or information,
whether written or oral, obtained by you from Public SMS Initiative or
from or through the site shall create any warranty not expressly stated
in the terms of use. In no event shall Public SMS Initiative’s total
liability to you for all damages, losses, and causes of action (whether
in contract, tort (including, but not limited to, negligence) or
otherwise) exceed the amount paid by you, if any, for purchasing any
materials or products.
Term of Use The license for use of the Site
and the Materials is effective until terminated. You may terminate it at
any time by destroying the Materials together with all copies thereof.
This license will terminate upon conditions set forth elsewhere within
this Terms of Use or if you fail to comply with any term or condition of
this Terms of Use. In such event, no notice shall be required by Public
SMS Initiative to effect such termination. Upon termination of this
Terms of Use, you agree to destroy the Materials together with all
backup copies, modifications, printed or written materials, and merged
portions in any form, or return same to Public SMS Initiative at your
expense.
Web Site
Links Public SMS Initiative may provide links to
other sites that we feel are relevant and interesting to our users
(“Link Sites”). Public SMS Initiative is not responsible for the content
on the Link Sites and is not responsible for the accuracy of the
information and intellectual property notices therein. Some of these
Link Sites may provide you with opportunities to purchase products
(“Products”). We do not endorse any of the Products nor do we make any
representations or warranties in connection with the Products.
Online
Behavior When participating in any of Public SMS
Initiative’s community features such as Forums, Bulletin Boards, Email
functions, etc. (“User Materials”), you may not submit or publish
through Public SMS Initiative any User Materials that are libelous,
defamatory, pornographic, an invasion of privacy, obscene, abusive,
illegal, racist, offensive, an infringement on any intellectual property
rights of a third party or would otherwise violate the rights of any
third party. Furthermore, you may not submit or publish User Materials
through Public SMS Initiative that solicit funds or services, contain
advertising or include programs that contain viruses or any other
programs designed to impair the functionality of any computer.
We do not monitor the contents
of these community features and cannot be held responsible for the User
Materials. Therefore, we apologize in advance for any offensive or
otherwise displeasing User Materials.
Notwithstanding any rights or
obligations governed by the Additional Terms, if, at any time you upload
or post User Materials, including but not limited to comments,
suggestions, problem reports, bug reports and design ideas to the Site
you automatically grant Public SMS Initiative a non-exclusive,
royalty-free, perpetual license of all rights throughout the universe to
use, edit, modify, include, incorporate, adapt, record and reproduce the
User Materials including, without limitation, all trademarks associated
therewith, in any manner whatsoever, in or out-of-context, in all
languages, in all media now known and hereafter devised, and to use the
User Materials in advertising, promotion and publicity for the Site,
Public SMS Initiative and its or their products and services, in any and
all media now known or hereafter devised. In addition, you represent and
warrant that you are entitled to enter into these Terms of Use and that
you waive any so-called “moral rights” in and to the User Materials.
Submissions Certain parts of the Site may ask for written suggestions or problem
reports such as using our contact form or problem report form
(“Submissions”). In such a case, please read carefully the specific
terms, which govern those Submissions (“Additional Terms”). In the
absence of Additional Terms, the Public SMS Initiative Terms of Use
shall govern your legal rights with respect to those Submissions.
The Submissions shall be deemed
the property of Public SMS Initiative. Public SMS Initiative shall
exclusively own all now known or hereafter existing rights to the
Submissions throughout the universe in perpetuity and shall be entitled
to use the Submissions for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the Submissions. In
any event, any Submissions you send to Public SMS Initiative will not be
treated as confidential and Public SMS Initiative shall not be liable
for any disclosure of the Submissions.
Accounts and Security
Public SMS Initiative does not warrant that the functions contained
in the service provided by the Site will be uninterrupted or error-free,
that defects will be corrected or that this service or the server that
makes it available will be free of viruses or other harmful components.
As part of the registration
process, each Patron will select a password (“Password”) and User Name
(“User Name”). You shall provide Public SMS Initiative with accurate,
complete, and updated Account information. Failure to do so shall
constitute a breach of this Terms of Use, which may result in immediate
termination of your Account. You may not (i) select or use a User Name
of another person with the intent to impersonate that person; (ii) use a
name subject to the rights of any other person without authorization; or
(iii) use a User Name that Public SMS Initiative, in its sole
discretion, deems inappropriate or offensive.
You shall notify Public SMS
Initiative of any known or suspected unauthorized use(s) of your
Account, or any known or suspected breach of security, including loss,
theft, or unauthorized disclosure of your password. You shall be
responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or
otherwise illegal activity may be grounds for termination of your
Account, at Public SMS Initiative’s sole discretion, and you may be
reported to appropriate law-enforcement agencies.
Notification of Copyright Infringement
Public SMS Initiative will investigate notices of copyright
infringement and take appropriate actions. If you believe that your work
has been used or copied in a way that constitutes copyright infringement
and such infringement is occurring on this Site or on sites linked to
from this Site, please notify Public SMS Initiative.
Pursuant to Title 17, United
States Code, Section 512(c)(3), a notification of claimed infringement
must be a written communication addressed to the designated agent as set
forth below, and must include substantially all of the following:
- physical or electronic
signature of the person authorized to act on behalf of the owner of the
copyright interest that is alleged to have been infringed;
- description of the copyrighted
work or works that you claim have been infringed (“infringed work”) and
identification of what material in such work(s) is claimed to be
infringing (“infringing work”) and which you request to be removed or
access to which is to be disabled;
- description of where the
material that you claim is infringing is located on the Site;
information sufficient to permit
Public SMS Initiative to contact you, such as your physical address,
telephone number, and email address;
- statement by you that you have
a good faith belief that the use of the material identified in your
Notice in the manner complained of is not authorized by the copyright
owner, its agent, or the law;
- statement by you that the
information in your Notice is accurate and, under penalty of perjury
that you are the copyright owner or authorized to act on the copyright
owner’s behalf.
For Notice of claims of
copyright infringement, Public SMS Initiative can be reached by our
contact form.
Administrative Information
Jurisdictional Issues This
Site is controlled and operated by Public SMS Initiative. Public SMS
Initiative makes no representation that materials in the Site are
appropriate or available for use in your location. Those who choose to
access this Site from any location do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local
laws are applicable.
Indemnity You agree to
indemnify and hold Public SMS Initiative, and its 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
content you submit, post to or transmit through the Site, your use of
the Site, your connection to the Site, your violation of the Terms of
Use, or your violation of any rights of another person or entity.
Governing Law By accessing this
Site, you and Public SMS Initiative agree that all matters relating to
your access to, or use of, this Site shall be governed by and construed
in accordance with the laws of Sweden, without giving effect to any
principles of conflicts of law.
Trademarks The
trademarks, logos and service marks (“Marks”) displayed on this Site are
the property of Public SMS Initiative or other third parties. You are
not permitted to use the Marks without the prior written consent of
Public SMS Initiative or such third party, which may own the Marks.
Public SMS Initiative and the Public SMS Initiative logo are trademarks
of Public SMS Initiative.
If you have any questions or
concerns about this Terms of Use or any issues raised in this Terms of
Use or on the Site, please contacts us at: info@smsplanet.org.