General Terms & Conditions
The following General Terms and Conditions
are applicable to the content and services supplied via Short Messaging
Services ("SMS") by InTekOne, LLC. and its affiliates
("InTekOne," "Provider" or "Us"), as
well as the use of the web site at www.text2jobs.com (the "Site").
PLEASE
READ THESE TERMS CAREFULLY, AS ACCEPTANCE OF THE SMS CONTENT AND
SERVICES AND USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS
AND CONDITIONS.
. Provider may modify this Agreement from time to time in its sole
discretion and such modification shall be effective upon posting
by Provider on the Site. You agree to be bound to any changes to
this Agreement when you use the Service after any such modification
is posted. This Agreement incorporates and includes Providers
Privacy Policy.
1.
DESCRIPTION OF THE PROVIDER.
By means of SMS services (SMS = Short Message Service), hereinafter
to be referred to as the Service, the Provider supplies its users
access to a network of on-line sources, including on-line games
and on-line information material. The General Terms and Conditions
are at all times applicable to all new facilities that constitute
any expansion, extension or improvement of the present Services,
including any extension to new functions added by the Provider.
2.AVAILABILITY.
The Service is supplied "as is" (at the stage of development
it happens to be in) and the Provider accepts no liability nor does
it issue any guarantees in the event that personal configurations,
information or messages are not saved, or not saved in due time,
or if they are deleted or incorrectly delivered. In order to make
use of the Service, you are required to have access to the Internet
and/or a means of mobile communication. You are required to pay
all expenses incurred in creating such access. You are also responsible
for seeing to the connection of any necessary equipment, including
any mobile telephone or personal computer or whatever devices that
may be necessary.
3.PAYMENT.
Charges of the daily mobile content services, i.e. SMS Service,
will be billed on wireless phone bill or deducted from balance.
Separate wireless provider text message fees apply. You have access
to our on-line services free of charge. Regarding the SMS Service
and the use of it, you pay amounts corresponding to the applicable
rates of the Provider, which amounts are listed on the telephone
bill you receive from the operator of your telephone network. The
payment conditions of any third party are applicable to invoices
issued by that third party. You pay the Provider all national and
local or other taxes (excluding taxes based on the Provider's net
profit), including but not restricted to VAT, occupancy-related
property tax and tax on games of chance or any levies imposed in
lieu thereof, which taxes are based on the costs due for the use
of the Service, regardless of whether those taxes are levied either
now or in the future by European, national or local authorities
or by any other body or bodies authorized to levy taxes.
4.
ELIGILBILITY.
Users must be 18 or older and authorized wireless account holder.
5.
REGISTRATION OBLIGATION.
In order to warrant safe and secure use of the Service, you guarantee
the following, in addition to paying the applicable charges: (a)
your personal information (hereinafter to be referred to as the
registered information) provided on the registration form is correct
and complete and (b) you see to it that this registered information
is at all times correct, up to date and complete. If the Provider
has a reasonable suspicion that the information does not reflect
a true state of affairs, or is not accurate or complete, then the
Provider is entitled to suspend or terminate your account and to
withhold both current and future use of the Service, or any component
of it. You yourself are responsible for maintaining the secrecy
of any passwords and/or accounts issued to you by the Provider,
and you are fully liable for all actions carried out involving the
use of your password or account. You undertake at the end of each
session to close your account (by closing your browser) and to contact
the Provider if you notice or suspect that unauthorized use has
been made of your password or account, or that security or protection
is no longer guaranteed for any other reason. The Provider cannot
and will not be liable for any damage arising from your failure
to observe the stipulations of this article.
6.
PROCESSING OF INFORMATION.
The Provider attaches great importance to the privacy of its users.
To ensure this we have created a privacy policy that is inextricably
linked to the General Terms and Conditions of the Provider.
7.
INDEMNIFICATION.
You undertake to indemnify the Provider and its subsidiaries, affiliated
enterprises, functionaries, representatives or other partners, and
employees against any demands or claims by third parties, including
all reasonable costs incurred for legal assistance, which demands
or claims arise from or are the consequence of any information you
have sent or offered via the Service as a result of your connection
with the Service, your use of the Service, or any violation committed
by you of the General Terms and Conditions or rights of others.
8.
PROHIBITION ON RESALE OF THE SERVICE.
You undertake not to reproduce, copy, sell, resell or use the Service,
or any part of it, or access to the Service for commercial purposes.
9.GENERAL
RULES REGARDING USE AND SAVING OF INFORMATION.
Regarding the use of the Service you agree to the general rules,
rules of play, promotional conditions and restrictions established
by the Provider. The Provider reserves the right at all times and
at its own discretion, without being required to issue prior notice,
to amend these general rules, rules of play, promotional conditions
and restrictions. The Provider is entitled to annul accounts that
have remained inactive for considerable periods of time. You concur
with the arrangement whereby the Provider bears no responsibility
or liability in the event that information sent or provided by means
of the Service is not saved or is deleted in error.
10.ALTERATIONS
TO THE SERVICE.
The Provider may at any time alter or terminate the Service, or
any part of it, either temporarily or permanently. You concur that
the Provider is not liable in respect either of any third party
or you as a user in the event that the Service is altered, terminated
or suspended.
11.TERMINATION.
At its own discretion and regardless of the reasons for doing so,
the Provider may terminate use of the Service by you and destroy
and remove Information within the Service if the Provider is of
the opinion that you have not observed the General Terms and Conditions,
or you have acted contrary to General Terms and Conditions, or for
any other reasons. You agree that the Provider may erase or deactivate
your account and all information connected with it as well as any
lists or files contained by it without delay, and/or deny you all
further access to the Service. In pursuance of the stipulations
of these General Terms and Conditions, the Provider may also terminate
your access to the Service without issuing prior notice.
12.
TRANSACTIONS WITH ADVERTISERS AND/OR SPONSORS.
Any dealings performed between you and sponsors and/or advertisers,
or any participation in promotions by sponsors and/or advertisers
that have been located on the Service, including the supply and
payment of goods or services, as well as all other guarantees, terms
and conditions and statements issued in connection with those transactions
are the exclusive concern of you and the sponsor and/or advertiser.
You agree that the Provider is not liable or responsible for any
damage of any nature whatever that may be the result of such transactions
or the presence of those sponsors and/or advertisers on the Service.
13.OWNERSHIP RIGHTS OF THE PROVIDER.
You are aware and agree that the Service and software used in connection
with the Service, hereinafter to be referred to as the Software,
contain confidential information that is protected by valid and
applicable intellectual and industrial ownership rights legislation
and other legislation. You are also aware and agree that copyright,
trademarks, service marks, patents or other ownership rights and
laws are applicable to Information published in sponsors' advertisements
or information offered to you via the Service. You undertake, either
partially or wholly, not to amend, rent, rent out, borrow, lend,
sell, distribute or create products derived from the Service or
the Software except in the event that the Provider has given you
explicit written permission to do so. The Provider hereby grants
you a personal, non-transferable and non-exclusive right and permission
to use the working code of its Software, provided you do not copy
or alter any source code whatever, or create a product derived from
it, or carry out any reverse engineering or reverse assembly on
it or in any other way attempt to find a source code (or permit
third parties to do so) (except if and insofar as such acts are
permitted by the provisions of any mandatory law that may be in
effect), and provided you do not sell, encode, sublicense, encumber
with security rights or transfer in any other way any rights connected
with the Software. You undertake not to alter the Software in any
way whatever or to use any altered versions of the Software for
the purpose of gaining unauthorized access to the Service or for
any other reason. In gaining access to the Service, you undertake
only to make use of the interface supplied for that purpose by the
Provider. The Provider hereby grants you permission to make just
one copy only of the Information on the equipment you use for gaining
access to the Service, and to use and display the copy of the Information
made on that equipment for private purposes.
DISCLAIMER.
YOU EXPRESSLY AGREE THAT:
a)
THE MOBILE CONTENT SERVICES, I.E. SMS SERVICES, ARE FOR ENTERTAINMENT
PURPOSES ONLY;
b)
THE PROVIDER REJECTS IMPLICIT OR EXPLICIT GUARANTEES OF ANY NATURE
WHATEVER, INCLUDING BUT NOT LIMITED TO IMPLICIT GUARANTEES WITH
REGARD TO SALABILITY, SUITABILITY FOR A SPECIFIC PURPOSE AND/OR
INFRINGEMENT;
c)
THE PROVIDER DOES NOT GUARANTEE THAT (1) THE QUALITY OF THE PRODUCTS,
SERVICES, INFORMATION OR ANY OTHER MATERIAL PURCHASED OR ACQUIRED
BY YOU VIA THE SERVICE MEETS YOUR EXPECTATIONS, (2) THE RESULTS
ACHIEVED BY USING THE SERVICE ARE CORRECT OR RELIABLE, AND (3) ERRORS
IN THE SOFTWARE WILL BE CORRECTED;
d)
YOU USE THE SERVICE AT YOUR OWN RISK TO OBTAIN OR DOWNLOAD MATERIAL
IN ANY WAY WHATEVER, AND THAT YOU ALONE BEAR RESPONSIBILITY FOR
ANY DAMAGE TO OR LOSS OF INFORMATION OCCURRING AS A RESULT OF DOWNLOADING
OR USING THAT MATERIAL;
e)
NO GUARANTEE THAT IS NOT EXPRESSLY INCLUDED IN THE GENERAL TERMS
AND CONDITIONS IS APPLICABLE TO EITHER WRITTEN OR ORAL INFORMATION,
HINTS OR ADVICE THAT YOU OBTAIN FROM THE PROVIDER OR VIA/FROM THE
SERVICE.
14.LIMITATION
OF LIABILITY.
YOU AGREE THAT THE PROVIDER IS NOT LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, UNUSUAL OR CONSEQUENTIAL DAMAGE OR LOSSES OR FOR ANY
COURT-IMPOSED PENALTY WHEREBY PAYMENT OF DAMAGES IS REQUIRED, ARISING
FROM (1) THE USE OF THE SERVICE OR THE INABILITY TO USE THE SERVICE;
(2) THE COSTS OF SUPPLYING REPLACEMENT GOODS AND SERVICES AS A CONSEQUENCE
OF GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR ACQUIRED VIA
OR FROM THE SERVICE, OR AS A CONSEQUENCE OF REPORTS RECEIVED OR
TRANSACTIONS EFFECTED; (3) UNAUTHORIZED ACCESS TO OR ALTERATIONS
OF YOUR MESSAGES OR INFORMATION; (4) STATEMENTS OR CONDUCT OF THIRD
PARTIES ON THE SERVICE, OR (5) ANY AND ALL OTHER MATTERS IN CONNECTION
WITH THE SERVICE.
15.TRADEMARK.
You agree that without prior permission from the Provider, you will
not use or display in any manner whatever the trade names, trademarks,
word trademarks, pictorial trademarks or logos used in connection
with the Service.
16.GENERAL INFORMATION.
These General Terms and Conditions take the place of all previous
agreements between you and the Provider. If you use any additional
service, material or software from third parties, additional General
Terms and Conditions may be applicable to you. European law is applicable
to the relationship between you and the Provider, regardless of
any provisions of applicable international law. Disputes will be
submitted to a National competent court. Any failure by the Provider
to exercise or invoke certain rights or stipulations laid down in
the General Terms and Conditions in no way constitutes a waiver
or renunciation of those rights or stipulations. If a court of competent
jurisdiction is of the opinion that any stipulation in the General
Terms and Conditions is not applicable, the parties nevertheless
agree that the court must attempt to satisfy the wishes of the parties
reflected by that stipulation, while the other stipulations of the
General Terms and Conditions remain unimpaired
17. CANCELLATION.
The Provider allows the user the possibility to interrupt the flow
of information received via SMS (Short Message Service). We offer
you this facility on the Internet pages that belong to the Service.
Generally, information received via SMS can be interrupted by sending
an SMS message starting with the keyword, i.e. your entry code,
followed by a space and then the word STOP. You can send this message
to the abbreviated number you used for entry. For example you can
send the message DCJOBS STOP to the number 76171. See for more details
the landing page of the US market of the website www.text2jobs.com.
In addition, an email can be send to or
our toll free number 1-877-333-7470 can be called.
18.
SECURITY AND PROTECTION.
The infrastructure and programmes are constructed and protected
in such a way that it can be reasonably assumed that unauthorized
persons cannot gain access to any information about users. Please
refer to our General Terms and Conditions regarding liability of
the Provider.
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