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BY REGISTERING OR
USING THE
SMESSENGER.NET SOFTWARE YOU INDICATE
YOUR ACCEPTANCE
OF THE TERMS OF USE AND PRIVACY POLICY
MEMBER ACCOUNT, PASSWORD, AND SECURITY If a particular Smessenger.net software, or any product or service offered on any Smessenger.net software requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will be given, or be able to select a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Smessenger.net immediately of any unauthorized use of your account or any other breach of security. Smessenger.net will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Smessenger.net or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. MODIFICATION OF THESE TERMS OF USE Smessenger.net reserves the right to change the terms, conditions, and notices under which the Smessenger.net software are offered, including but not limited to the charges associated with the use of the Smessenger.net software. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Smessenger.net software constitutes your agreement with Smessenger.net to all such terms, conditions, and notices. PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise specified, the Smessenger.net software are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Smessenger.net software. Without the advance express written permission of Smessenger.net, you may not use the Smessenger.net software in any commercial manner. LINKS TO THIRD PARTY SITES The Smessenger.net site may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Smessenger.net and Smessenger.net is not responsible for the contents of any Linked Sites. The inclusion of any link does not imply endorsement by Smessenger.net of the site or any association with its operators. Any dealings with third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party. Smessenger.net shall not be responsible or liable for any part of any such dealings. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Smessenger.net software, you will not use the Smessenger.net software for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Smessenger.net software in any manner that could damage, disable, overburden, or impair any Smessenger.net Site/Service(s) (or the network(s) connected to any Smessenger.net Site/Service(s)) or interfere with any other party's use and enjoyment of any Smessenger.net Site/Service(s). You may not attempt to gain unauthorized access to any Smessenger.net Site/Service, other accounts, computer systems or networks connected to any Smessenger.net Site/Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Smessenger.net software. USE OF SERVICES The Smessenger.net software contain messaging services designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: • Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by (i) intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws or (ii) by rights of privacy or publicity, if any unless you own or control the rights thereto or have received all necessary consents to do the same. • Use any material or information, including images or photographs, which is made available through the Smessenger.net software in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. • Restrict or inhibit any other user from using and enjoying the Communication Services. • Violate any applicable laws or regulations. • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an Smessenger.net Site/Service(s) or other user or usage information or any portion thereof. Smessenger.net has no obligation to monitor the Communication Services. However, Smessenger.net reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Smessenger.net reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Smessenger.net reserves the right at all times to disclose any information as Smessenger.net deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Smessenger.net's sole discretion. Smessenger.net does not control or endorse the content, messages or information found in any Communication Service and, therefore, Smessenger.net specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials. You agree that Smessenger.net may establish limits concerning use of any Smessenger.net Service offered on an Smessenger.net Web Site, including without limitation the maximum number of days that messages will be retained by any Smessenger.net Service, the maximum number of messages that may be sent from or received by an account on any Smessenger.net Service, the maximum size of a message that may be sent from or received by an account on any Smessenger.net Service, the maximum disk space that will be allotted on Smessenger.net's servers on your behalf, and the maximum number of times and duration you may access any Smessenger.net Service in a given period of time. You agree that Smessenger.net has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Smessenger.net Service. You acknowledge that Smessenger.net reserves the right to log off accounts that are inactive for an extended period of time without notice. MATERIALS PROVIDED TO SMESSENGER.NET OR POSTED AT ANY SMESSENGER.NET WEB SITE Smessenger.net does not claim ownership of the materials you provide to Smessenger.net (including feedback and suggestions) or post, upload, input or submit to any Smessenger.net Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Smessenger.net (i) permission to use your Submission in connection with the operation of Internet businesses (including, without limitation, all Smessenger.net Site/Services) (ii) the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; (iii) and the right to sublicense such rights to any supplier of a Smessenger.net Site/Service. No compensation will be paid with respect to the use of your Submission, as provided herein. Smessenger.net is under no obligation to post or use any Submission you may provide and Smessenger.net may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. This section is inapplicable to any personally identifiable information that you provide in connection with your use of the Smessenger.net software. For terms and conditions governing the use of such information please refer to the Privacy Policy. CONTENT AVAILABLE THROUGH THE SMESSENGER.NET SITE All content (if any) that is made available to view and/or download in connection with the Smessenger.net site, excluding content and/or software that may be made available by end-users through a Communication Service, is owned by and is the copyrighted work of Smessenger.net and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the content is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT AND/OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. REFUNDS By Law you are entitled to a full refund for any service/product paid for on the Smessenger.net software during a maximum 7 (seven) day cooling off period. The cooling off period begins when the payment was made and remains valid for seven days or until the service is used, whichever comes first. The service provided is deemed used when the first message is sent after the payment was made. Recurring (subscription) payments are a continuation of service and not eligible for another cooling off period. LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SMESSENGER.NET SOFTWARE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SMESSENGER.NET SOFTWARE AND TO THE INFORMATION THEREIN. Smessenger.net AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SMESSENGER.NET SOFTWARE AT ANY TIME. ADVICE RECEIVED VIA THE SMESSENGER.NET SOFTWARE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Smessenger.net AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SMESSENGER.NET SOFTWARE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW. Smessenger.net AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT Smessenger.net SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A Smessenger.net SITE/SERVICE. YOU SPECIFICALLY AGREE THAT Smessenger.net IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT Smessenger.net IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A Smessenger.net SITE/SERVICE BY ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT SHALL Smessenger.net AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SMESSENGER.NET SOFTWARE, WITH THE DELAY OR INABILITY TO USE THE SMESSENGER.NET SOFTWARE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SMESSENGER.NET SOFTWARE, OR OTHERWISE ARISING OUT OF THE USE OF THE SMESSENGER.NET SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SMESSENGER.NET OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SMESSENGER.NET SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, TO THE FULLEST EXTENT PERMISSIBLE BY ENGLISH LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SMESSENGER.NET SOFTWARE. THE LIMITATIONS ON AND EXCLUSIONS OF LIABILITY FOR DAMAGES IN THIS AGREEMENT APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY. STORAGE SPACE AND OTHER LIMITATIONS Smessenger.net MAKES NO WARRANTY THAT ANY Smessenger.net SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE OR ERROR-FREE. SERVICE CONTACT: SUPPORT TERMINATION/ACCESS RESTRICTION Smessenger.net reserves the right, in its sole discretion, to terminate your access to any or all Smessenger.net software and the related services or any portion thereof at any time, without notice. Smessenger.net shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party. GENERAL This agreement is governed by the laws of Italy. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Italian courts. in all disputes arising out of or relating to the use of the Smessenger.net software. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Smessenger.net as a result of this agreement or use of the Smessenger.net software. You agree to indemnify and hold Smessenger.net, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees on a solicitor-client basis, asserted by any third party due to or arising out of your use of or conduct on the Smessenger.net software. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Smessenger.net will not be liable to you for any breach of these Terms of Use, which arise because of any circumstances that Smessenger.net cannot reasonably be expected to control. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Smessenger.net with respect to the Smessenger.net software. |
