Terms of Use:
This service is provided by beautifulsms.com ("We" or
"beautifulsms.com") to you ("you" or "user"), subject to the terms
of this agreement ("Agreement"), and the rules that may be published
from time to time by beautifulsms.com. beautifulsms.com currently
offers services to users who agree to abide by (i) the terms and
conditions of this Agreement; (ii) the privacy policy, and (iii) all
other guidelines posted on the beautifulsms.com network of sites.
beautifulsms.com reserves the right to change the nature of this
relationship at any time without notice to you. In addition, when
using particular services of beautifulsms.com, you shall be subject
to any posted guidelines or rules applicable to such services, which
may be posted by beautifulsms.com from time to time. All such
guidelines or rules are hereby incorporated by reference into this
Agreement. Users who violate the terms of this Agreement will have
their beautifulsms.com account ("Account") canceled and they may
permanently be banned from using beautifulsms.com. ENTERING a page
of the beautifulsms.com site WILL CONSTITUTE ACCEPTANCE OF THE TERMS
AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY
THESE TERMS, PLEASE DO NOT ENTER ANY SITE OF THE beautifulsms.com
NETWORK.
Description of Service
beautifulsms.com is an entertainment service that enables users to
send and publish SMS messages (which are made available on the Web
and/or mobile devices) and provides users with access to a
collection of services and resources, including various
communication tools, content, applications, and programming offered
from time to time through its network of properties (the "Service").
Please note that profile information will be publicly available for
viewing and should be regarded for entertainment purposes only. One
benefit of the Service is to enable users to meet and interact with
other users. You must be at least 18 years of age to access and view
this Service.
YOU UNDERSTAND THAT beautifulsms.com MAY MODIFY SERVICES AT ANY TIME
AND THAT beautifulsms.com SPECIFICALLY RESERVES THE RIGHT FROM TIME
TO TIME TO ALTER THE SELECTION, FUNCTIONALITY OF SERVICES AND
MESSAGES.
User Conduct
You understand that all information, data, text, messages,
communication or other materials ("Content"), are the sole
responsibility of the person from which such Content originated.
Accordingly, you, not beautifulsms.com, are entirely responsible and
liable for all activities conducted through your Account.
beautifulsms.com does not control the Content posted or transmitted
in any way via the Service and, as such, does not guarantee the
accuracy, integrity, or quality of such Content. You understand that
by using this Service you may be exposed to Content that is
offensive, indecent, or objectionable. Under no circumstances will
beautifulsms.com be liable in any way for any Content, including but
not limited to, any errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of the user of any
Content posted, emailed, sent via SMS or otherwise transmitted via
the Service. You agree not to do any of the following actions while
using the Service:
• Harass, "stalk", threaten, embarrass or cause distress or
discomfort upon another beautifulsms.com participant, user, or other
individual or entity;
• SMS, or otherwise transmit via the Service any Content that
beautifulsms.com considers to be unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, hateful, racially,
ethnically or otherwise objectionable;
• Upload, post, email, SMS, or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright, or other
proprietary rights ("Rights") of any party;
• Collect or store personal data about other users;
Intentionally or unintentionally violate any applicable local,
state, national or international law, including but not limited to
any regulations having the force of law while using or accessing the
Service or in connection with your use of the Service in any manner;
• Post or transmit any unsolicited advertising, promotional
materials, or any other forms of solicitation in the Service.
• Provide or send any content which may be harmful or detrimental to
beautifulsms.com or its business associates, or which violates any
restriction or policy established by beautifulsms.com or its
business associates.
In addition, you understand and acknowledge that differing
countries, societies and governments may hold their citizens,
companies and visitors to a different standard of conduct and speech
(legal, ethical, moral and/or religious), and in this regard your
Services may be terminated if they offend the conduct and speech
standards of the country they are in or are transmitting in to.
Considerations include:
• the sensibilities of the recipient of the transmissions whether
they hold a difference religious or ethical viewpoint, are of a
different race or heritage, have a mental disorder or handicap, or
any other person having special circumstances;
• transmissions to or aimed at an audience of children (persons
under the age of 18) that include references to sexual practices
and/or containing inappropriate or offensive language; and
content which promotes or incites terrorism, the misuse of weapons,
or encourages or incites a person to commit a criminal offense.
You acknowledge that beautifulsms.com pre-screen Content, and
beautifulsms.com and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content
that is available via the Service. Without limitation,
beautifulsms.com shall have the right to remove any Content that
violates this Agreement or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by
beautifulsms.com, transmitted through the Service, or submitted to
beautifulsms.com. You acknowledge and agree that beautifulsms.com
may preserve Content and may also disclose Content if required to do
so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce this Agreement; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of beautifulsms.com, its users
and the public. You understand that the technical processing and
transmission of the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
Public Content Posted on or via the Service
For purposes of this Agreement, "publicly accessible areas of the
Service" are those accessible by the general public.
With respect to Content you elect to post for inclusion in
publicly accessible areas of the Service that consists of photos or
other graphics you elect to post to any other publicly accessible
area of the Service, you grant beautifulsms.com the world-wide,
royalty free and non-exclusive license to reproduce, modify, adapt
and publish such Content on the Service solely for the purpose of
displaying, distributing and promoting the specific service of
beautifulsms.com to which such Content was submitted, or, in the
case of photos or graphics, solely for the purpose for which such
photo or graphic was submitted to the Service. This license exists
only for as long as you elect to continue to include such Content on
the Service and shall be terminated at the time you delete such
Content from the Service.
With respect to all other Content you elect to post to other
publicly accessible areas of the Service, you grant beautifulsms.com
the royalty-free, perpetual, irrevocable, non-exclusive and fully
sublicensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) worldwide and/or
to incorporate it in other works in any form, media, or technology
now known or later developed.
Modifications to Service
beautifulsms.com reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree that
beautifulsms.com shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
Links
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because beautifulsms.com
has no control over such sites and resources, you acknowledge and
agree that beautifulsms.com is not responsible for the availability
of such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You
further acknowledge and agree that beautifulsms.com shall not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of
or reliance on any such Content, goods or services available on or
through any such site or resource.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. beautifulsms.com EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) beautifulsms.com
MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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. (d) NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
beautifulsms.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not
allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific
legal rights and you may also have other legal rights, which vary
from state to state.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT beautifulsms.com SHALL NOT
BE LIABLE 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 beautifulsms.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE. |