PLEASE READ THIS AGREEMENT CAREFULLY. THIS SMS USER AGREEMENT (“SMS AGREEMENT”) DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH JOOKSMS SMS OFFERS YOU (THE “USER” OR “YOU” OR “YOUR”) AN ACCOUNT (THE “ACCOUNT”) FOR USE OF THE JOOKSMS (henceforth referred to in this document as “JOOKSMS” SMS SERVICE (THE “SMS SERVICE”).
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AS WELL AS THE TERMS AND CONDITIONS PUBLISHED ON THE JOOKSMS SITE .IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. JOOKSMS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT AT THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. THE SERVICE
Jooksms provides the SMS Service with the capability to send SMS to mobile phones via the World Wide Web on the Jooksms SMS System. Jooksms may terminate, change, suspend or discontinue the SMS Service, including the availability of any features of the Site, at any time. Jooksms may from time to time provide additional services subject to charges according to the sole discretion of Jooksms.
2. USER ACCOUNT
(A) By accepting these terms, you confirm that you are capable of entering into a binding agreement. You must accurately complete any subscriber information requested by Jooksms. The SMS Service is intended to appeal to a broad audience, and therefore it is the responsibility of the parent or guardian to determine whether any of the Jooksms Services are appropriate for your child
(B) To open an account for usage of the SMS Service, the User must provide true and accurate information as prompted by the Registration Form and shall promptly update such information to keep it true and accurate. The User shall signup with his/her name, physical address, email address, phone number and a username and the password will be sent to the user’s phone number and notification to user’s email address. The User is entirely responsible for the privacy, confidentiality and storage of password. All website activities that can be traced to the username and password of the User are deemed as having performed by User. Jooksms does not assume any liability for content of messages sent and is exempt from any claim that may arise from third parties as a result of message sent. You are fully responsible for any charges and liabilities incurred through the use of the SMS Service or Your Account and for any activities conducted through Your Account. In addition, Jooksms may temporarily DEACTIVATE your Account if You report unauthorized use or if usage of the Account dramatically exceeds normal usage patterns within a short time period. The User agrees to notify Jooksms immediately of any unauthorized use of the account at [email protected]
3. BILLING AND PAYMENT
You agree to pay all charges that may be required for use of the SMS Service. All charges will be exclusive of value added tax (“VAT”), sales or other taxes, except as required by law. Jooksms reserves the right to modify its prices, charges or fees, provided that any changes shall be posted on the Site. You are therefore responsible for reviewing regularly the Site for information regarding fees and charges as well as changes to pricing. Continued use of or non-termination of the SMS service shall be deemed to be acceptance of any posted changes in the prices for your use of the SMS Service.
Fees: User shall pay to Jooksms a subscription fee according to the Plan chosen. The SMS account balance is non-refundable and does not bear interest. All purchases are considered final. Accounts on Jooksms do not expire; user can login to SMS service anytime to use service. Jooksms may from time to time offer limited similar promotions during which no credits or lesser credits shall apply. The terms and conditions shall remain in full force and effect. Jooksms reserves the right to change prices or institute new charges for access to or use of the SMS Service. Continued use of the SMS Service or non-termination of User’s Account after changes are posted constitutes User’s acceptance of the prices as modified by the posted changes
Payment: Recharge fees are prepaid and are payable through credit cards, debit cards and Bank deposit. Jooksms reserves the right to suspend or terminate your use of the SMS Service without notice upon rejection of any credit card charges, debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Jooksms and as to which Jooksms believes such payments were proper. In addition, Jooksms has the right to seek any fees, damages, expenses or the like arising from your failure to pay BBN for use of the SMS Service, including, but not limited to, fees charged to Jooksms by any credit card issuer or its agent as a penalty for reversing any payment (i.e., a charge back fee) as well as collection fees and expenses, court costs, and attorney’s fees.
Membership Balance: Your monthly/yearly balance DO NOT rollover the next month/year, if you have a monthly membership the unused amount will be lost and every month you will have the same amount you purchased when you picked your monthly/yearly membership.
Reloads: In case you need it you can make a deposit into your account to increase your balance and be able to send more text messages without having to wait until next month. You will NOT LOSE any unused balance from reloads as they will rollover the next month for a maximum period of 6 months.
You must promptly notify Jooksms in the event of any changes to your account or billing information or in the event your charge card or debit card is cancelled for any reason.
NOTWITHSTANDING, YOU ALSO AGREE TO THE FOLLOWING.
(A) You expressly agree that all charges for payment of the SMS Service are final and non-refundable. You are responsible for all charges resulting from your use of the SMS Service. Once you sign up for the SMS and provide a form of payment, Jooksms will not provide you a refund for any charge made on your credit card, debit card or any payments.
(B) If you believe that you have been improperly charged for any Service, you must notify Jooksms within 3 days of any invoice or credit card statement, provide Jooksms any information necessary to review the claim, and Jooksms will attempt to resolve the claim in a timely manner.
Jooksms DOES NOT CONDONE FRAUD: In the event of any unauthorized use of your account or unauthorized credit card charges or debit card charges, you must notify Jooksms, and you will be responsible for such unauthorized use or charges until you notify Jooksms. You must also adopt any steps necessary to prevent any further unauthorized use of your account or unauthorized charges.
4. USE OF ACCOUNT
(A) You and other users of Your Account must comply with all applicable laws and regulations in using the SMS Service. You may not use the SMS Service for any of the following purposes or in any of the following manners:
(i) to impersonate or harass any other person;
(ii) to send any information that is or the disclosure of which would libelous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person’s proprietary right (including posting any links or URLs that you do not have the right to post or disclose);
(iii) that violates any person’s rights of privacy or publicity,
(iv) to send messages that contain any sexual, racist or discriminatory content constituting harassment of any individual or organization,
(v) that constitutes or that violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, anti-discrimination or false advertising laws, and without limiting the foregoing you specifically agree to comply with all applicable laws regarding the transmission of the technical data exported from Nigeria or the country in which you reside;
(vi) to intercept any communications not intended for you;
(vii) to release, post, distribute or execute any viruses or other harmful computer code; or
(viii) to upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party or
(ix) to engage in “spamming,” transmission of “junk mail” or “chain letters” or unsolicited mass distribution of e-mail or any similar conduct.
(B) Jooksms does not control the data, information or other postings provided by other users that are made available through the SMS Service. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive or to otherwise violate this Agreement. Please use caution and common sense when using the SMS Service or relying on any data, information or other postings provided through the SMS Service.
(C) At our option and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages You send without delivering them or prevent messages from reaching You. User may not use the SMS Service in a way that imposes an unreasonable or disproportionately large load (as determined by us in light of the purposes for which you are using the SMS Service and the load imposed by other users generally) on our infrastructure or that otherwise would harm or breach our arrangements with any of our service providers.
(D) You acknowledge that Jooksms may establish general practices and limits concerning use of the SMS Service, including without limitation the maximum number of days that messages or other uploaded content will be retained by the SMS Service, the maximum number of messages that may be sent from or received by an account on the SMS Service, the maximum size of any message that may be sent from or received by an account on the SMS Service, the maximum disk space that will be allotted on the SMS servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the SMS Service in a given period of time. You agree that Jooksms has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the SMS Service. You acknowledge that Jooksms reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Jooksms reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
(E) After a successful registration, you may receive advertisements, promotions or similar messages on your mobile phone, personal computer or other similar device from Jooksms. A free SMS user may opt out from receiving similar marketing promotions, however, Jooksmsreserves the right to terminate Your use of the SMS service. To discontinue receiving from such promotional service, email us at: [email protected]
(F) User agrees that Jooksms may terminate User’s Account and use of the SMS Service (and other Jooksms services) if Jooksms believes User has in any manner
(i) violated the terms and conditions of this Section 4,
(ii) violated the SMS Service Terms and Conditions or the Terms and Conditions of the Site or any other service offered by Jooksms,
(iii) violated this Agreement,
(iv) provided Jooksms false, inaccurate or incomplete not current information, or
(v) violates any applicable law, regulation or rule of any state or country.
5. MODIFICATION TO THE SERVICE
(A) User acknowledges that Jooksms is dependent on various telecommunications networks and institutions for the delivery of its messages and that Jooksms may adjust its prices and offering, should the prices be adjusted due to reasons that are not in Jooksms control. User will be notified of any such changes through publication on the Site or through sms describing the change.
(B) You understand that Jooksms may, in its discretion, from time to time change, add, or remove certain features of the SMS Service or change the terms of this Agreement by informing you through publication on the Jooksms website or through an email describing the changes. If you are dissatisfied with any such changes to the SMS Service or this Agreement, you may immediately cancel your Account as provided in Section 11 of this Agreement. In addition, Jooksms reserves the right to discontinue the SMS Service altogether for all users at any time in its discretion.
6. DISCLAIMERS AND WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SMS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Jooksms AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SMS SERVICE OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO Jooksms OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SMS SERVICE OR THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE SMS SERVICE (INCLUDING THIRD PARTY CONTENT), OR THAT ANY DEFECTS IN THE SMS SERVICE WILL BE CORRECTED. SIMPLY PUT, Jooksms MAKES NO REPRESENTATION OF DELIVERY, RECEIPT OR TERMINATION OF AN SMS MESSAGE. USER ALSO ACKNOWLEDGES THAT, DEPENDING ON THE RECIPIENT’S MOBILE SERVICE PROVIDER, IT MAY NOT BE POSSIBLE TO TRANSMIT THE SMS MESSAGE TO THE RECIPIENT SUCCESSFULLY, PARTICULARLY IF THE PROVIDER DOES NOT SUPPORT SMS DELIVERY AT ALL. JOOKSMS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SMS SERVICE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE SMS SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR RESULTS OBTAINED USING ANY SUCH MATERIAL OR DATA OR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY WARRANTY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
7. LIMITATIONS ON LIABILITY
(A) JOOKSMS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOSS OF PROFITS, BUSINESS INTERRUPTION LOSS OF DATA, INJURY TO GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Jooksms HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SMS SERVICE BY YOU, OR ANYONE USING YOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TO:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SMS SERVICE OR THE SITE; OR
(iv) ANY DAMAGES OR LOSS OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SMS SERVICE OR USE OF THE SMS SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE.
(B) JOOKSMS SHALL IN NO EVENT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS OF THE SMS SERVICE GENERALLY, THE SITE, ANY OTHER Jooksms SERVICE AND ANY ASPECT ANCILLARY THERETO;
(C) JOOKSMS SHALL IN NO EVENT BE RESPONSIBLE FOR THE SECURITY OF THE DATA TRANSMISSIONS BETWEEN JOOKSMS AND THE USER, INCLUDING BUT NOT LIMITED TO THE TRANSMISSION OF THE PAYMENT INFORMATION SUCH AS CREDIT CARD NUMBERS. JOOKSMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, OR IMPLIED, FOR THE SECURITY OF THE DATA TRANSMISSION BETWEEN Jooksms AND THE USER.
(D) JOOKSMS TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE SMS SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE), WILL NOT EXCEED THE AGGREGATE AMOUNT YOU PAID TO JOOKSMS IN THE PRECEDING TWELVE MONTHS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING JOOKSMS LIABILITY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
8. RELEASE AND INDEMNIFICATION
(A) In the event that you have a dispute with one or more users, you release Jooksms (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and you waive any rights under any state or local law limiting the extent of such release.
(B) User agrees to defend, indemnify and hold harmless Jooksms and its subsidiaries, affiliates, officers, directors, agents, attorneys and employees from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s breach of this Agreement, User violation of any law or the rights of a third party, the content User submits, posts or transmits through the SMS Service, or Your use of the SMS Service.
The SMS Service may provide, or third parties may provide, links to other World Wide Web sites or resources. User agrees that Jooksms 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 Jooksms 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.
10. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the SMS Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that as a result of use of the SMS Service, you may have access to or receive information or content protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws (“intellectual property rights”). Except as expressly authorized, You agree not to violate the intellectual property rights of Jooksms or any third party.
Governing Law. This Agreement shall be governed by, and interpreted and enforced in accordance with, the substantive laws of Panama
No Benefit to Others. The representations, warranties, covenants and agreements contained in this Agreement are for the sole benefit of the parties hereto and their executors, legal representatives, successors and assigns, and they shall not be construed as conferring and are not intended to confer any rights on any other persons.
Contents of Agreement. This Agreement together with any documents referred to herein set forth the entire agreement of the parties hereto and supersede any prior agreement or understanding of the parties with respect to the transactions contemplated hereby. This Agreement may not be amended except by an instrument in writing signed by each of the parties hereto, and no claimed amendment, modification, termination or waiver shall be binding unless in writing and signed by the party against whom or which such claimed amendment, modification, termination or waiver is sought to be enforced.
Severability. Any provision of this Agreement which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.