1. Please read this Terms of Service agreement (“Agreement”) carefully before using this website (“www.golivesms.com”). If you do not agree with the terms and conditions contained in this Agreement, please do not use the Website. By completing the registration process on this Website or by downloading mobile content to a mobile device (each a “Download”), you (1) represent that you are at least 13 years of age and, if you are not the subscriber of a participating mobile communications carrier, you have the consent of such subscriber to sign-up for and use Company’s Service (as defined in Section 1) on behalf of the subscriber, and (2) agree, on your behalf and on behalf of the subscriber, to be bound by the terms and conditions of this Agreement. In this Agreement, “you” and “your” refer to each customer (including the subscriber of a participating mobile communications carrier on whose behalf you are entering into this Agreement if you are not yourself the subscriber) and any and each of such customer’s agents, if any; and “we”, “us” and “our” refer collectively to Company. This Agreement explains our obligations to you and your obligations to us under this Agreement. Company reserves all rights to modify, add, remove or otherwise change any portion of these Terms of Service (“Agreement”) at any time and at its sole discretion. Please review this Agreement periodically for such changes. Your continued use of the Website subsequent to the posting of changes to this Agreement means that you are in agreement with and have accepted all such changes.
2. Description of Company Services: GoLive SMS provides alerts and messages, some of which may be downloadable mobile entertainment content and information, such as ring tones, wallpapers, games, graphics, news and other information data via the internet, SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices (collectively, the “Service”). You acknowledge and agree that the Service is for your personal use on the mobile device designated during the Download and that you will not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Service, including, but not limited to, any Downloads. You may not, or attempt to (or otherwise authorize, encourage or support others’ attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service, including, but not limited to, any Downloads. 2. Access To Service, Registration, and Use. 1. Your right to access and use the Services is strictly limited to your personal, non-commercial use on a mobile communications device designated at the time of your registration with Company, and this right is not transferable by you to any other person or entity. You are only entitled to access and use the Website and the Services for lawful purposes and pursuant to the terms and conditions of this Agreement. 2. If you opt to register for the Service on our Website, you agree to: (i) complete the registration form truthfully, accurately and completely (collectively “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Company has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. You acknowledge and agree that we may rely on the Registration Data to send you important information and notices regarding your account and our Services and, furthermore, that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about your account or the Service. You further agree that we, either directly or indirectly via third-party service providers, are authorized to verify such registration data.
3. If you opt to register for the Service on our Website, you (i) may be required to establish an account and obtain a username and password; (ii) authorize us to process any and all account transactions initiated through the use of your username and password; (ii) will be solely responsible for maintaining the confidentiality of your username and password; (iii) will immediately notify us of any unauthorized use of your username and password; (iv) acknowledge and agree that you are solely responsible for any ad all unauthorized activities, charges and/or liabilities made through the use of your username and password; (iv) acknowledge and agree that Company will not be liable under any circumstances and for any reasons for the unauthorized use or misuse of your username and/or password. Company may need and reserves the right to change usernames allocated to certain of its Services, in which event, you will be promptly informed in writing of such change.
4. Under certain circumstances, GoLive SMS may provide you with access to some Services without you requiring you to register as a user (e.g., sign-up via SMS), in which case, your identification will be based on your mobile telephone number and any other reasonable means of identification that we deem appropriate.ions. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.
5. Interruptions or Discontinuation of Service. Company reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you. If the Service, or any part thereof, for which you subscribe is permanently discontinued or canceled by Company, Company will cancel your Subscription Plan and reimburse any pre-paid fees related to such Service, except for termination in the event of your breach in accordance with Section 3
6. As part of its Service, GoLive SMS may offer a bundle of credits for a defined number of individual Downloads on a renewable subscription basis depending on the Company’s subscription plan that you select of the plans offered by Company (each a “Subscription Plan”). To view the Subscription Plans the Company is offering to its customers, e-mail us at firstname.lastname@example.org . The details of each Subscription Plan are incorporated into and made a part of this Agreement by this reference.
7. Company shall serve notices to you related to this Agreement by (A) posting them on the Website; (B) sending them to the postal address or e-mail address that you had provided to Company at the time of your registration or, if a new address has been sent to Company in accordance with Subsection (i) immediately above, then to such updated address; (C) text message to the mobile telephone number associated with your account.
8. Notices sent by mail shall be deemed received seven (7) days after they were sent. Notices sent via nationally-recognized overnight carrier or posted on the Website or sent by e-mail or as a text message shall be deemed received on the business day following the day when they were posted or sent.
9. You acknowledge and agree that the Downloads made available to you as part of the Service are owned by Company, its affiliates and/or its licensors, as applicable, and are protected by intellectual property laws. Company hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not and will not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) and the Service except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code (i.e., source code) of the mobile entertainment content downloaded on your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile entertainment content downloaded on your mobile device.
10. Except as expressly provided otherwise herein, all notices to Company shall be in writing and delivered via nationally-recognized overnight courier or certified mail, return receipt requested to:
GoLive SMS Inc.
4051 Barrancas Ave Suite G 213
Pensacola, FL 32507
11. Severability. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision shall not affect the remainder of this Agreement. This Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
12. Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or verbal, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
13. Assignment And Resale. Company may assign its rights and delegate its duties under this Agreement without the consent and without notice to you. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.
14. Governing Law. This Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Nevada, United States of America, excluding its conflict of laws rules. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
15. Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Company. The remedies of Company under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
You have subscribed and expressly consented to receive SMS alert and other non marketing / sales information messages on your mobile telecommunications device from GoLiveSMS for purposes of providing you requested information from the GoLiveSMS system. You acknowledge, understand and agree as follows:
Message frequency depends on user. Message and Data rates may apply. These would be charged by, and be payable by you to your mobile service provider. You acknowledge, understand and agree that we shall not be held liable for any delays in the receipt of our text message to you, as its delivery is subject to effective transmission from your mobile service provider.
Messages sent via SMS may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including the customer’s equipment, terrain, and proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered.
Content may not be available on all carriers. Participating carriers are: ACG, ALLTEL AWCC, AT&T; Mobility, Boost, Cricket, Google Voice, Metro PCS, Nextel, Rural Carrier Groups, Sprint, Tier 2/3 Carrier Group, T-Mobile, U.S. Cellular, Verizon Wireless, and Virgin Mobile. T-Mobile is not liable for delayed or undelivered messages. Data obtained by us from you in connection with our providing you the text messages as described above may include your cellular number, the name of your mobile service provider, and the date, time and content of the text messages we send you. We may use this information to contact you and to provide the text messages you have requested.
If you have any questions regarding the above terms or the types of text messages to be received by you as described above you can contact us at 866-989-2208 or by emailing email@example.com.
Text STOP to 66935 to opt-out of these SMS text messages. Text HELP to 66935 to receive program assistance.