Terms and Conditions
TERMS & CONDITIONS OF USE
(Revised December 5, 2011)
The MotoMessage.com Service is governed by the following Terms & Conditions:
- You must be of legal age in your area of residence, but in no event less than eighteen (18) years of age, to access and use the Service. By using the Service, you represent that you are at least 18 years of age.
- You must provide all information requested during the signup process and from time to time thereafter, fully and accurately, including but in no way limited to: your full legal name and physical address, the full legal name of your company, and valid contact information, including but not necessarily limited to a phone number and email address.
- Only you may use your individual account login – login sharing is not permitted. In the case of company accounts, your company will be allowed to designate one or more employees, depending on the Service plan you select, each of whom shall be granted a method of Service access.
Third Party Access
- By using the Service, Software Client and/or Content provided by Moto Message, you grant Moto Message, together with its affiliated companies, whether now or in future existing (collectively, the “Moto Message Businesses”) permission to access your account and all messages, data, information, text, graphics, audio, video or other materials posted/uploaded to or transmitted through the Service (“User Material”), and to process and transmit said User Material to designated third parties.
- However, the Moto Message Businesses may share aggregated statistical information about our users (including but not limited to demographic information, preferences, etc.) with third parties from time to time, and you hereby consent to such disclosure. The Moto Message Businesses will use commercially reasonable efforts to ensure that such information does not identify individual users, nor include any personally identifiable information.
Responsibility for Errors/Omissions/Misrepresentations
- Moto Message is not responsible or liable for any errors, omissions or misrepresentations in User Material you provide, or for any errors or omissions in its processing and/or transmission of User Material to third parties once it is posted or otherwise transmitted to the Service. You are solely responsible and liable for all such errors, omissions and misrepresentations.
- You are required to verify all User Material posted to or transmitted through the Service, and regularly to monitor your account.
Pricing & Payment
Maintenance of your account as active, and your continued access to Moto Message’s Service, Software Client and Content require full and timely payment in accordance with your account plan. Additional information on current Service plans and pricing is available at http://www.motomessage.com/pricing
- You will be subject to the following four (4) classes of charges in connection with your use of the Service, Software Client and Content (which may scale depending on the type of account chosen, size of message credit bundles purchased, etc.):
- setup fee;
- recurring subscription fee
- message credit bundle charges; and
- additional keyword charges.
- Your account plan recurring subscription fee will automatically be billed to your credit card (or to such alternative payment method as Moto Message may authorize from time to time in its sole discretion), in advance and on a monthly basis, and is non-refundable. However, the foregoing notwithstanding, Moto Message reserves the right to require payment of all fees in advance with respect to any subscriber, at any time and for any reason, in its sole and absolute discretion, effective immediately upon written notice (email will suffice) to said subscriber.
- All required fees are quoted exclusive of any taxes, levies or duties which may be imposed by applicable law. You understand and agree that any such taxes, levies and duties will be added to the amounts quoted, prior to billing.
- You can cancel your account at any time, effective upon the giving of not less than five (5) business days’ notice. If notice of cancellation is timely made, your account and access to the Service, Software Client and Content will continue until the end of your then-current billing period; otherwise they will continue until the end of the billing period immediately following your then-current billing period. Except in the limited circumstance provided above, you will not be billed for another billing period following notice of cancellation.
- You understand and agree that, upon cancellation of your account, Moto Message will not be under any obligation to refund any amounts previously paid, including but not limited to setup fees, recurring subscription fees, purchases of message credit bundles, additional keywords, etc.
- Moto Message reserves the right to change the pricing to users of any or all of its Service, Software Client and/or Content offerings at any time. Existing users will be provided 30 days’ notice, on the public website www.motomessage.com or by email, of changes to pricing.
In registering to use the Service, you will receive a password and account designation. You are solely responsible for: (i) maintaining the confidentiality of your password and account, and (ii) all activities that occur through your password or account, including without limitation all User Material posted to or transmitted through your account. You agree to immediately notify Moto Message of any actual or potential unauthorized use of your password or account, or any other actual or potential breach of Moto Message’s security. You will ensure that you logout from your account at the end of each session.
You are solely responsible for your use of the Service, the Software Client and the Content, and use them at your own risk. You agree not to post, upload, input, provide, submit, transmit, distribute or otherwise publish through the Service or the Software Client any of the following, all in Moto Message’s sole judgment:
- User Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting or transmitting any User Material, you represent and warrant that you own all necessary rights, or have permission from the rightful owner(s) of the User Material, to post and transmit the User Material, and to allow Moto Message to process and retransmit the User Material through the Service;
- User Material that could constitute, encourage, aid or abet any criminal offense or enterprise, violate the rights of any party, or might otherwise create liability or violate any local, state, national, or international law, including but in no way limited to, the regulations of the U.S. Securities and Exchange Commission, or any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
- User Material that is fraudulent, false, misleading, libelous, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of any entity’s rights of privacy or publicity, abusive, inflammatory, hateful, religiously, racially or ethnically offensive, unlawful or otherwise objectionable;
- User Material that advertises, or otherwise promotes the use of, tobacco-related products or services;
- User Material that contains unauthorized private information of any third party, including, without limitation, addresses, phone numbers, email addresses, etc.;
- User Material that impersonates any person or entity, or otherwise misrepresents your affiliation with any person or entity, or is in any other way fraudulent in nature;
- Unsolicited communications, advertisements, promotions or solicitations, including but not limited to junk-mail/spam, whether commercial or non-commercial in nature. Additional information on this topic is available for review and reference at http://www.motomessage.com/anti-spam-policy;
- User Material containing or comprising viruses, Trojan horses, corrupted data or other harmful, disruptive or destructive code;
- User Material which does not comply with Moto Message’s advertising guidelines available for review and reference at http://www.motomessage.com/ad-guidance; and
- User Material that Moto Message determines, in its sole and absolute judgment, is otherwise objectionable, restricts or inhibits any other person from using or enjoying the Service or the Content, may tarnish Moto Message’s image or brand, or may expose Moto Message or its users to any harm or liability of any kind.
The Service and these Terms & Conditions may change
Moto Message a Limited Designee & Conduit
The Service, the Software Client and all Content, as they may be updated from time to time, including but not limited to trademarks, service marks, logos, and all text, designs, images, graphics, audio, video and other files, etc., and the selection and arrangement thereof, are subject to copyright, trademark, service mark, trade dress and/or other intellectual property rights held or licensed: (i) by the Moto Message Businesses, or (ii) by third parties with whom it interacts.
You may not under any circumstances use, copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works of any portion of the Service, Software Client or Content without first obtaining written permission from Moto Message, which it may grant or withhold in its sole discretion. Without limiting the generality of the foregoing statement: (i) you may not copy or display any portion of the Service, Software Client or Content on any computer network or publish or broadcast any portion of the Service, Software Client or Content in any media, and (ii) you may not modify the Service, Software Client or Content or any copyright, trademark or other proprietary notice associated therewith in any way.
No right, title or interest in any portion of the Service, Software Client or Content is transferred to you as a result of your use thereof, and (as between Moto Message and you) Moto Message hereby reserves all right, title and interest, including but not limited to all applicable intellectual property rights, in and to the Service, Software Client and Content.
We welcome feedback from our users. However, any such comments, suggestions, ideas or other communications, together with any materials included therein and/or attached thereto, of whatever kind, whether audio, graphics, video, print or otherwise (collectively, “Feedback”) submitted to any Moto Message Business, independent of the method of communication, shall be and remain the exclusive property of Moto Message or its designees. Submission of any such Feedback shall constitute an assignment to Moto Message or its designees of all worldwide rights, title and interest in all copyrights and other intellectual property rights regarding the Feedback, and a waiver of any moral rights therein (to the maximum extent not prohibited by applicable law). Moto Message and its designees shall be free to use, reproduce, disclose, publish and distribute any submitted Feedback for any purpose whatsoever, without restriction and without compensation of any kind. We therefore request that you not submit any Feedback that you do not wish to assign in full, including all embedded and attached materials. FOR AVOIDANCE OF DOUBT, REGULAR TRANSMISSIONS OF USER MATERIAL THROUGH THE SERVICE FOR THE PURPOSE OF PROCESSING AND TRANSMISSION TO THIRD PARTIES IS NOT INCLUDED WITHIN THE DEFINITION OF “FEEDBACK.” You are solely responsible for all User Material you post or otherwise submit/transmit, whether as Feedback or otherwise, and Moto Message assumes no liability whatsoever for any User Material.
THE SERVICE IS OPERATED BY MOTO MESSAGE ON AN “AS IS” BASIS, AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE MOTO MESSAGE BUSINESSES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE, THE CONTENT AND ASSOCIATED SOFTWARE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE MOTO MESSAGE BUSINESSES DO NOT REPRESENT OR WARRANT THE ACCURACY, CURRENCY OR COMPLETENESS OF THE SERVICE, THE CONTENT OR ASSOCIATED SOFTWARE, OR OF ANY INFORMATION (INCLUDING WITHOUT LIMITATION THIRD PARTY INFORMATION) PROVIDED THEREBY, OR THAT THE SERVICE, THE CONTENT OR ASSOCIATED SOFTWARE IS FREE OF VIRUSES, TROJANS OR OTHER HARMFUL CODE, OR WILL OPERATE WITHOUT ERROR, INTERRUPTION OR LOSS OF DATA.
THE MOTO MESSAGE BUSINESSES ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF THE SERVICE, THE CONTENT OR ASSOCIATED SOFTWARE, AND YOU UNDERSTAND AND AGREE THAT YOU USE THEM AT YOUR OWN RISK.
THE MOTO MESSAGE BUSINESSES DO NOT ENDORSE OR MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY AND ALL SOFTWARE, PRODUCTS, SERVICES, DATA, WEBSITES AND OTHER CONTENT (INCLUDING WITHOUT LIMITATION THOSE OF THIRD PARTIES) WHICH YOU MAY ACCESS OR USE THROUGH THE SERVICE, OR AS A RESULT OF YOUR USE OF THE SERVICE, OR REGARDING ANY WEBSITE OR OTHER SERVICE WHICH YOU MAY ACCESS AS A RESULT OF YOUR USE OF THE SERVICE. REFERENCES AND/OR LINKS TO OTHER PRODUCTS, SERVICES, DATA AND/OR WEBSITES ARE PROVIDED SOLELY FOR YOUR CONVENIENCE, AND YOU USE THEM AT YOUR OWN RISK.
APPLICABLE LAW MAY LIMIT OR DISALLOW THE DISCLAIMERS SET FORTH ABOVE, AND SO THESE DISCLAIMERS MAY NOT APPLY TO YOU, EITHER IN WHOLE OR IN PART.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE MOTO MESSAGE BUSINESSES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, VENDORS AND/OR SUPPLIERS BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF OR INABILITY TO USE THE SERVICE, ITS CONTENT OR ASSOCIATED SOFTWARE. THIS LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, INCLUDING BUT IN NO WAY LIMITED TO LOSS OF DATA, PROFITS OR ECONOMIC ADVANTAGE), WHETHER BASED ON A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE MOTO MESSAGE BUSINESSES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES AND DAMAGES.
APPLICABLE LAW MAY LIMIT OR DISALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, AND SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, EITHER IN WHOLE OR IN PART.
© 2011 Moto Message, LLC. All rights reserved.