Terms of Service - Text Messaging/SMS
Effective Date: November10th, 2009

Terms of Service - Text Messaging/SMS

Before using this Text Messaging / SMS application (hereinafter”the Service”)), please carefully read these Terms of Service.

By using the Service you agree to be bound by the Terms of Service contained herein as they may be updated from time to time. If for any reason you do not agree to any provision contained in these Terms of Service you are prohibited from using the Service.

Social Splash / SocialSplash/ SocialSplash.com (hereinafter" Social Splash”) and / or isendtxt / isendtxt.com (hereinafter "isendtxt") reserve the right to change the Service and / or the Terms of Service from time to time for any reason, without prior notice and without liability to you, to any other user or to any third party. Social Splash and / or isendtxt reserves the right to discontinue the Service temporarily or permanently, for any reason, without prior notice and without liability to you, to any other user or to any third party. You are advised to periodically check the website for changes in the Terms of Service.

You agree that the right to use the Service is subject to a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with this agreement.

You agree to use the Service only for non commercial and personal messages.

You agree not to use the service to send any automated messages. You agree not to use the Service to send any unlawful, prohibited, abusive, offensive, harmful, threatening, defamatory, hateful messages. You agree not to use the Service to send messages that invade the privacy of anyone including third parties and / or that contain nudity, pornography or child erotica, or that are otherwise objectionable.

You agree not to transmit any content that you do not have the lawful right to transmit, or any content that infringes the intellectual or proprietary rights of any third party.

You agree not to send any message that might be offensive. Social Splash and / or isendtxt will not be liable for any lack of privacy you may experience while using this Service.

Any attempt to send multiple messages to third parties for the purposes of harassment is prohibited. Attempts to increase phone bills are prohibited.

Social Splash reserves the right to intercept, disclose or delete any message sent, including disclosure of the contents of your message, your ip address, the time you sent the message and any other information about your account and / or the message in order to protect its rights and / or if we deem you've been sending abusive/harassing/unwanted messages and / or in order to comply with court orders and / or governmental inquires and / or requirements and / or lawful investigation or complaint and / or with any applicable law.

You allow Social Splash and / or isendtxt and or their administrators to read through your messages if they have received a complaint about a message sent by you. If the recipient contacts us about a potential abuse of the service, we will forward along all information and records we retain on the sender.

You agree that all messages and any related information to the message including, but not limited to, ip addresses, contents of message, recipients information, your account information, time and time stamps will be are saved on our system's database and that they will be kept on record for an indefinite time. By using the Service you understand that any person designated by you as a recipient of a message sent through the Service might incur charges and / or fees, possibly even without opening the message or clicking on a link to open the message, and / or incur charges and / or fees by replying back to your message, all of the above - depending on, among other things, the agreements they have with their mobile provider and / or service provider. You must confirm with them the amount of charges they might incur and verify their consent (after informing them they might incur expenses) to receive messages from you before attempting to send messages to them through this service.

You understand that when people/persons reply back to your message you may incur charges and / or fees as a recipient of such replies, depending on among other things your agreement with your mobile provider and / or service provider.

You will be responsible for any damages or fees the recipients will incur or be charged if they decide you sent them messages, without obtaining their consent in advance.

PRIVACY

Subject to the terms and conditioned contained herein, we do not share, sell or distribute any information with third parties, and all information is kept strictly confidential.


SIGN-UP OBLIGATIONS

You agree to provide true, accurate and complete information about yourself as required by the Social Splash’s sign-up form. (hereinafter "Sign-up Information") and to promptly update the Sign-up Information to keep it accurate, current and complete. Social Splash and / or isendtxt has the right to suspend or terminate your account if you provide any information that is untrue, inaccurate or incomplete, or if Social Splash and / or isendtxt has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, .


AGE REQUIREMENT AND LIMITATIONS ON USE OF SERVICE

Users of the Services must be at least 13 years of age.
Children under the age of 13 are not permitted to use the Service.

If you are between the ages of 13 and 18 and you use our Services, by using the Service you promise and confirm that you have received your parent's permission and consent to use the Service, prior to using the Service.


COPYRIGHT INFRINGEMENT – DIGITAL MILLENNIUM COPYRIGHT ACT

Social Splash respects the copyright and intellectual property rights of others and takes copyright claims and other intellectual property rights claims seriously. Social Splash has adopted copyright infringement policies in accordance with the Digital Millennium Copyright Act.

It is our policy:

To remove or disable access to content identified in a proper notice of claimed infringement. To notify the content provider, member or user that it has removed or disabled access to the content. To terminate any account holder that repeatedly infringes copyrighted material.

Social Splash reserves the right to terminate an account even for one single instance of infringement.

If you believe that any material sent through the service infringes upon any copyright which you own or control, please contact Social Splash’s Designated Agent to Receive Notification of Claimed Infringement as set forth below:

By email: copyright@socialsplash.com
By mail: Anat Dadon 38-28 Van Duren Ave Fair Lawn, NJ 07410 Phone: (212) 202-0399 Facsimile: (212)-214-0763

In your notification you must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works is covered by a single notification, a representative list of such works at our site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SocialSplash.com to locate the material.
4. Information reasonably sufficient to permit SocialSplash.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Only DMCA notices should go to the Designated Agent for Notice of Claims of Copyright Infringement for SocialSplash.com. If you fail to comply with the requirements by law, your DMCA notice may not be valid.


DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY

SOCIAL SPLASH EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE USE OF THE SERVICE BY YOU. SOCIAL SPLASH DOES NOT GUARANTEE AND / OR WARRANT DELIVERY OF ANY MESSAGE OR MESSAGES SOCIAL SPLASH MAKES NO GUARANTEES AND / OR REPRESENTATIONS AND / OR WARRANTIES THAT YOUR MESSAGE WILL BE RECEIVED AND / OR VIEWED BY YOUR INTENDED RECIPIENT

THERE ARE NUMEROUS REASONS WHY MESSAGES WILL NOT AND / OR CANNOT BE DELIVERED, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY SPAM FILTERS AND / OR THIRD PARTY EMAIL SERVERS AND / OR THIRD PARTY INTERNET SERVICE PROVIDERS AND / OR THIRD PARTY SOFTWARE OR APPLICATIONS AND / OR INTERCEPTION BY THIRD PARTIES ETC.

WITHOUT DEROGATING THE ABOVE, YOU SHOULD BE AWARE THAT MESSAGES CAN BE DELAYED AND / OR NOT SENT AND / R NOT RECEIVED AT ALL.

UNDER NO CIRCUMSTANCES MAY YOU USE THE SERVICE TO SEND ANY TIME SENSITIVE MESSAGE

UNDER NO CIRCUMSTANCES MAY YOU USE THE SERVICE TO SEND ANY MESSAGE, THAT IF DELIVERED OR IF NOT DELIVERED, FOR ANY REASON WHATSOEVER, WILL CAUSE YOU, THE INTENDED RECIPIENT AND / OR ANY THIRD PARTY – DAMAGES, LOSSES, HARM, CHARGES EXPENSES, OF ANY SORT OR KIND. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE.

THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE SERVICE, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOCIAL SPLASH AND YOU.


INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Social Splash and its subsidiaries and other affiliated companies, and its employees, officers, directors, contractors, agents, licensees and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Service, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct).


FORUM AND CHOICE OF LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law rules. You hereby specifically and expressly agree that the exclusive jurisdiction for any claim, lawsuit, or action arising out of or related to these Terms of Service and / or your use of the Service shall be filed only in appropriate courts located in the State of New York and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim, lawsuit or action.


STATUTE OF LIMITATIONS

You expressly and specifically agree that any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.


SEVERABILITY

If a court of law finds that any of the provisions and / or any part of the provisions contained herein invalid, you agree that the remainder of the Terms of Service shall be in full effect and be enforceable.


ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between you and SocialSplash with respect to the subject matter contained herein and supersedes any prior and / or other agreements and / or communications and / or understandings, whether written or oral, between Social Splash and you with respect to the subject matter hereof.