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Summary and Change of Terms Notice |
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Welcome to PhoneMessage.com, a service owned and operated
by Modern Scribe, LLC, located in Pembroke Pines, Florida. By using this site
(PhoneMessage.com) in any way, you agree to be bound by the terms of
service which are listed below. The agreement is between you and Modern Scribe, LLC, and
applies to all services and policies of PhoneMessage.com. Modern Scribe, LLC
may modify these legally binding terms at any time and it is your
responsibility to check back periodically. It was last revised
on May 5, 2007. Any modifications become effective at the
time they are posted to this site. No notification of change
needs to be sent out by PhoneMessage.com.
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Acknowledgement and Acceptance of Agreement |
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I AM AT LEAST 13 YEARS OLD AND I AM OF LEGAL AGE TO USE THIS SITE.
I WILL NOT HOLD PHONEMESSAGE.COM ACCOUNTABLE FOR ANY INCREASES IN MY PHONE BILL ARISING FROM THE USE OF THIS SITE.
I UNDERSTAND THAT PHONEMESSAGE.COM MAY RECORD THE MESSAGE TRANSFER DIALOGUE BETWEEN A SERVER AND MY PHONE FOR TROUBLESHOOTING PURPOSES.
I AM NOT RESTRICTED BY THE US GOVERNMENT FROM USING THIS SERVICE. I HAVE
ALSO READ AND UNDERSTOOD THE FOLLOWING TERMS AND AGREE TO BE
BOUND BY THIS AGREEMENT.
I will give my accurate and current information whenever I
am submitting information to PhoneMessage.com.
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Life of Agreement |
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This Agreement is in effect while you use the site or
while you have an account. All services of PhoneMessage.com are void where
prohibited. PhoneMessage.com may remove your account at any time and
restrict any and all use of this site for any reason at Modern Scribe,
LLC's sole discretion. If it has been discovered that you have
breached the Agreement, your account and information may be
removed at any time and your use of this site restricted or
disallowed. If this Agreement becomes modified and you do not
agree with the modifications, you must remove your account (if
you have one) and stop using the site at once. You may remove your account at any time by accessing your account, scrolling to the bottom of the page, and then clicking on
Remove Account.
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Disclaimer of Warranties |
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Every service of PhoneMessage.com is provided "AS IS".
PhoneMessage.com expressly disclaims any and all warranty of fitness
for any purpose. There are no implied or express warranties and
no implied or express conditions. You agree not to rely upon
PhoneMessage.com, as this site may not be reliable at times. All warranties and conditions
of merchantability are hereby disclaimed. PhoneMessage.com may
contain errors, and, just to remind
you again, all warranties and conditions of any kind are fully
disclaimed. Use at your own risk! Under no condition
will PhoneMessage.com be responsible for any loss or damage (including personal injury or death) resulting
from the use of this site or for any other reason (this also includes the possibility of loss of voice messages and phone bill increases for minutes used and text messages received).
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Limitation of Liability |
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As much as allowed by law, PhoneMessage.com will not be held
responsible for any direct, indirect, consequential, exemplary,
incidental, special, or punitive damages. PhoneMessage.com is not
liable for any loss of information, harm to a user by a third
party, or for any infringement of other's
rights. You have only one sole exclusive right if you dislike
anything covered by this Agreement, or any use of the site, or
any experience using the site, or
any other reason involving PhoneMessage.com. It is to discontinue
using this site!
There may be some jurisdictions in which some of the above
limitations are restricted.
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Indemnity |
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You agree to indemnify and hold PhoneMessage.com, its owner
Modern Scribe, LLC, all officers and employees, all affiliates, and all partners
harmless from any claim or demand (including reasonable
attorney's fees) made by any third party due to or arising from
the use of this site, the use of its services, or arising from a
violation of the Agreement or of other's rights.
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No Resale of Service, Soliciting, or Publishing Content |
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Any unauthorized use of PhoneMessage.com for commercial
purposes is strictly forbidden. You are not allowed to sell any
services of PhoneMessage.com or publish any content from this site
without written permission from its owner.
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Conduct |
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No illegal activities involving this site are allowed to
take place. Suspicious activities may be investigated. Certain
material that is deemed either offensive, dangerous, or illegal
by Modern Scribe, LLC may be removed or censored. You assume responsibility for any audio file which you make publicly available, that is protected by a copyright which you do not hold. You are responsible
for whatever you put on the site. Your site usage and the number of messages you are
allowed to upload, play, and transfer to your phone (as well as the frequency at which you do so) can be limited at anytime by Modern Scribe, LLC.
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Disputes |
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If any problem or dispute arises between you and another
person or entity, you must handle the situation without
PhoneMessage.com's help. You are solely responsible for all your
actions while using this site and for all your interactions with
other users and third parties.
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Dealings With Third Parties |
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PhoneMessage.com doesn't endorse any third party ads or
products and is not liable for any content, advertising,
products, or anything else provided by third parties. Use this
site, its services, and anything that third parties provide, at
your own risk.
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Copyright Policy |
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All proprietary rights of PhoneMessage.com belong to Modern Scribe,
LLC including that which is copyrighted, trademarked, etc. by Modern Scribe, LLC.
Each sound contained on this site is owned by the respective entity (company, person, etc.) who holds the original copyright for it.
Modern Scribe, LLC will comply with removing content for any entity which expresses an interest in having their sound(s) removed from PhoneMessage.com. This site intends not only to
benefit users by providing them with a free phone message service, but also intends to benefit the companies which may hold a copyright for any of the material contained on this site.
This benefit is provided by creating buzz about companies products and providing them with a viral marketing channel which drives demand for their products within the marketplace.
In other words, this site is intended to be a win, win, win situation. Users win because they receive a free service which allows them to transfer messages to their phones. Content
companies win because the low quality snippets of material on this site wet users' appetites for entertainment products, which should increase companies sales. PhoneMessage.com wins thanks to online advertising.
For problems concerning copyright infringement, please contact PhoneMessage.com. PhoneMessage.com has not even the slightest intention of harming any party or their profits.
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General |
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The laws of the state of Florida will be used to govern
the relationship between you and PhoneMessage.com, and to govern the
Agreement. The relationship and Agreement fall under the
jurisdiction of Broward County, FL, without regard to conflict of
law provisions. A United States District Court covering Broward
County, FL, must be used. You agree that if any dispute arises,
it will be resolved by arbitration. If arbitration is necessary,
a member of the American Arbitration Association who resides in
Broward County, FL, will be used. If a court with proper
jurisdiction finds anything in this Agreement invalid, the other
terms of service will still apply. There is one year to file a claim
or cause, from the date when the offense occurred. After the
deadline, no one is allowed to file that same claim or cause.
Any delay or inaction by Modern Scribe, LLC in exercising or enforcing
any right or term in this agreement does not waive that right or
term.
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