Acceptance of Terms
Purpose and Description of Services
SMaSh enables advertisers to register keywords that can be placed in their other advertising along with a SMaSh owned short code. Consumers with SMS-enabled communications devices can send text messages containing the printed keywords to the SMaSh short code in order to receive, via SMS, additional information concerning the advertiser’s products or services.
Each keyword is registered for a specific term, and SMaSh will forward the advertiser’s pre-configured information to consumers only during the period of registration. Advertisers acquire no vested ownership in SMaSh keywords as such. After a keyword’s registration has expired SMaSh may make the keyword available to another advertiser. In such cases the advertiser may register another keyword with the SMaSh system. Each advertiser is responsible for removing expired keywords from advertising materials.
SMaSh may determine, at its sole discretion, to limit advertisers’ use of the Services, impose data storage limitations, charge additional fees for the Services or otherwise modify the Services in the future. You acknowledge and agree that these changes may take place and that SMaSh shall have no liability stemming from such changes.
Fees and Payments
Advertisers and consumers are responsible for any fees, charges and expenses incurred in using and accessing the Services. Consumers are not currently charged for using the SMaSh Services. However, they may be subject to fees from their cellular carrier based on their service plan. Consumers are advised to review their cellular plans to find out the cost of sending and receiving SMS messages. Advertisers are charged fees for registering keywords with SMaSh based on the duration of registration. SMaSh reserves the right to increase fees or impose additional fees for use of or access to the SMaSh Services at SMaSh’s sole discretion.
SMaSh uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of SMaSh. By using the Services you agree that SMaSh shall not be liable to you for any modification, suspension or discontinuance of the Services.
Restrictions on Use of the Service
You may not use the Services to upload or transmit any items that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Further, you may not use the Services to facilitate any infringement or misappropriation of any intellectual property rights of a third person or for any illegal activities.
No Unlawful or Prohibited Use
Age Requirements and Limitations on Use of Service
SMaSh is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 may not use the Services either as an advertiser or consumer. If SMaSh determines that a SMaSh user, either an advertiser or consumer, is under 13 then text messages from that consumer’s telephone number will not be accepted and their SMaSh account, if one exists will be disabled and deleted. Users between the ages of 13 and 18, by using the Services, affirm that they have their parent’s permission to use the Services.
SMaSh’s website may contain links to third-party sites that are not under the control of SMaSh. In addition SMaSh may transmit to consumers links to third-party websites, not under the control of SMaSh, via text messaging. In these cases, SMaSh is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that SMaSh endorses or accepts any responsibility for the content on such third-party site. As a consumer, your correspondence or business dealings with, or participation in promotions of, third party websites found on or through the SMaSh site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. SMaSh is not responsible for any loss or damage of any kind incurred as the result of any such dealing or as a result of the presence of links to such third party websites on the SMaSh site or in text messages transmitted via the SMaSh service.
Disclaimer Of Warranty; Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, ALL INFORMATION ON THIS WEB SITE AND DELIVERED VIA TEXT MESSAGING UTILIZING THE SERVICES IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND SMaSh HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, SMaSh DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
In no event shall SMaSh be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action based on contract, negligence or other tortious action, arising out of or in connection with the use of the Services or information delivered via the Services. In no event shall SMaSh’s liability to any user of the Services exceed the amount, if any, actually received by SMaSh from such user as a fee for use of the Services.
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information contained within the Services, and SMaSh does not investigate or warrant the truth or accuracy of any statement made by any advertiser. The Services and the information transmitted via the Services may contain technical inaccuracies or errors. SMaSh assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the Services.
SMaSh may make changes to the Services, and any other information and materials on the SMaSh Web site at any time and without notice.
SMaSh reserves the right to terminate your privilege to use the Services as advertiser or consumer at any time for any reason, including without limitation, if SMaSh has been notified by third parties or has a good faith concern that any of your activities may infringe third party rights or violate the laws or regulations of any applicable jurisdiction.
Forum and Choice of Law
Comments and Questions
You may also contact us at:
2402 Sidney Street
Pittsburgh, PA 15203 USA
Copyright and Trademark Information
COPYRIGHT NOTICE: Copyright © 2006-2008 Brainstorm SMS Services LLC. All Rights Reserved. SMaSh is a service mark of Brainstorm SMS Services LLC.