AlertU - Emergency SMS Messaging

ALERTU SUBSCRIBERS: Unsubscribe  |  Lookup

Terms

Terms & Conditions for www.alertu.org, brought to you by Waterfall Mobile, Inc. - Effective Date: June 1, 2008

Welcome to our website located at www.alertu.org (the "Site"). The Site is owned, operated and made available to you by Waterfall Mobile, Inc. ("Waterfall Mobile," "Waterfall", "we", "our", "us"). The terms and conditions of use that appear below (the "Terms of Use") govern your use of the Site. BY ACCESSING AND USING THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. PLEASE READ THEM CAREFULLY BEFORE YOU USE THE SITE! If you do not agree to comply with these Terms, you may not access or otherwise use this Site.

Please be aware that we reserve for ourselves the right to change, add to, or delete portions of these Terms at any time, by posting such changes on this Site and posting a notice that the Terms have been modified as of a particular date. At all times, your continued access and use of the Site signifies your agreement to be bound by these Terms, as updated. In addition, we reserve for ourselves the right to, without further notice to you, obligation or penalty, suspend or terminate the operation of this Site, or any portion thereof, at any time.


Proprietary Rights and Authorized Uses

All materials contained in the Site are the copyrighted property of Waterfall Mobile, Inc. This Site and all the content contained thereon or accessible through it (including, without limitation, text, images, photographs, graphics, artwork, audio clips, video clips, software, logos, trademarks, and trade names), the Site's look and feel, its design and organization, the arrangement, collection and compilation of the foregoing (collectively, the "Site Content"), and all the intellectual property rights embodied in or arising from any of the foregoing (including without limitation, copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other proprietary rights) (collectively, the "IP Rights") are and shall remain the sole and exclusive property of Waterfall (including its affiliates) or its licensors. Your use of the Site shall not be deemed to grant you any ownership rights in any of the Site Content or any of the IP Rights. Moreover, Waterfall is not granting to you any express or implied license to use any of the foregoing except to the extent expressly permitted as follows: You may access, view and use the Site Content on your personal computer or other internet-compatible device and make single copies or prints of such Site Content for your personal, non-commercial use only, provided that you do not erase, delete, remove, or otherwise modify or tamper with any of the proprietary notices affixed to such Site Content, and further provided that you do not make copies of, or attempt to make copies of, or store or attempt to store on your computer or other device, any audio or video that is provided in streamed format. Except as permitted above, you may not otherwise copy, reproduce, distribute, publish or otherwise exploit the Site, any of the Site Content or any of the IP Rights. Any commercial use, distribution, publishing or exploitation of this Site or the Site Content by you (including, without limitation, via framing or linking to this Site or through commercial transactions such as the reselling or redistribution of images or other Site Content available on the Site) is strictly prohibited. YOU ONLY HAVE A LIMITED RIGHT TO USE THE SITE IN ACCORDANCE WITH THESE TERMS OF USE. If you make any unauthorized use of this Site or the Site Content, you may violate copyright law, other laws of the United States, the laws of other countries, international treaties, applicable state laws, and you may be subject to liability for any such unauthorized use.


User Information

In the course of your use of the Site, you may be asked to provide certain personally identifiable information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the site's Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of your User Information. We cannot and do not guarantee the security of any of the User Information that you transmit online.


Materials Submitted By You

Sometimes, you may wish to post to the Site or otherwise send us feedback, suggestions, comments, opinions, images, video, photographs, or other materials. While we appreciate your desire to become more involved with the Site (by corresponding with us, participating in any chat rooms or public forums that we may make available from time to time, or in any other way), we do not solicit nor do we wish to receive any confidential, secret or proprietary information, creative, or other materials from you through postings on this Site, by e-mail or in any other way, and we hereby disclaim all responsibility and liability in connection therewith. Any materials, information, ideas, concepts, suggestions, or any other materials submitted, posted, uploaded, distributed, or published on or via the Site or otherwise sent to us by you (collectively, the "Submitted Materials") will be deemed not to be confidential or secret, and may be used by us (including our affiliates) in any manner, without any restrictions, throughout the universe, in perpetuity, in any and all media now existing or here in after devised, without compensation to you or to any other party and without the necessity of further notice or consent from you or anyone else, as further provided in the next sentence. By submitting or sending Submitted Materials to us, you represent, warrant and covenant that the Submitted Materials (i) are original to you, that no other party has any rights thereto, that any "moral rights" in any of the Submitted Materials have been waived, and that you grant and agree to grant to us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, upload, download, post, translate, create derivative works from, distribute, perform and display any such Submitted Materials (in whole or in part) and/or to incorporate them in other works in any form, media, or technology now known or later developed; (ii) do not contain any content that is libelous, slanderous, disparaging, tortuous, offensive, pornographic, profane, vulgar, containing sexually explicit graphical descriptions or accounts of sexual acts, racist, bigoted, hateful, threatening, harassing (advocating harassment), harmful, false, misleading, fraudulent, invasive of anyone's publicity or privacy rights or that otherwise violate any law or any right of a third party; (iii) do not constitute "spam"; (iv) do not constitute the promotion or advertising of any commercial enterprise or transaction, or an offer to engage in any such commercial enterprise or transaction; and (v) do not contain any virus, worm, or other similar component that could be harmful or a burden to our computer system or to any other third party's computer system. Please note that we reserve the right to, but may or may not, review or edit any of the Submitted Materials before such Submitted Materials appear on the Site, so we cannot be responsible if any Submitted Materials submitted by other users offends you or otherwise harms you or your computer in any way. In addition, we cannot be responsible for maintaining any Submitted Material that you provide to us, and you agree that we may delete, remove, replace or otherwise manipulate your Submitted Materials in any way, for any reason, at any time and in our sole discretion.


Your Conduct on the Site

You warrant and agree that you will not, while using the Site: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (iii) engage in "mailbombing", "spamming", "flooding", harvesting of e-mail addresses or other personal information, "spidering", "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; (iv) attempt to gain unauthorized access to other computer systems through the Site; (v) use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other person's use and enjoyment of the Site; (vi) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site; or (vii) monitor any portion of the Site or any Site Content.


Cancellation of Service

You may at your sole discretion cancel your membership and subscriptions at any time. The site will offer numerous ways either through the use of the mobile phone, via online, or by calling customer service to allow you to cancel your service, paid or not, at any time. Please consult the help section on www.alertu.org for further details.


Links to Third Party Online Merchants

Through the Site, we may provide links to certain unaffiliated third party Websites on which products and services may be made available for you to purchase. Some of these products may be Waterfall Mobile products. However, when you link to these third party sites and make purchases through them, your relationship is between you and the third party merchant, and not between you and Waterfall Mobile. We have no responsibility or obligation with respect to such purchases that you may make on third party Websites, and you will be subject to their own policies, terms and conditions and privacy policies.


Third Party Websites

You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, or other materials, which may or may not be provided by or through Websites to which you may link from the Site (collectively, the "Linked Sites"). Links to the Linked Sites do not constitute an endorsement by us of such Websites or the information, content, products, services, advertising, or other materials presented on or through such Websites.


Online Forums

In the online forums on www.alertu.org, the information and materials included and expressed on these forums are not necessarily those of Waterfall Mobile. Waterfall Mobile does not take on the responsibility of monitoring these forums but may, in its sole discretion, modify the content without notice or liability at any time. Any use of the forums will be at your own risk and will be subject to the disclaimers and limitations on liability described in the Terms and Conditions.


Contests, Sweepstakes, Electronic Postcards and Other Activities

In the event that Waterfall elects to offer certain activities on this Site including, without limitation, contests, sweepstakes and electronic postcards by Waterfall or in conjunction with third parties, we may post rules specifically governing your participation in the offered activity ("Rules of Participation"). The Terms and Conditions are incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and any Rules of Participation, the Rules of Participation for the activity shall govern.


Purchase and Transfer of Assets Between Customers

Waterfall does not encourage or promote customers negotiating prices for the purchase or transfer of keywords, short codes, or any content between customers. Should customers choose to negotiate a transaction, Waterfall shall not engage directly in the solicitation process or negotiations. However, in order to protect both buyer and seller from fraudulent transactions, Waterfall will upon request act as the transfer agent to assist in conducting the transaction. Should a transaction be agreed upon by both buyer and seller, the following process should be followed:


1.) Contact finance@waterfallmobile.com to inform Waterfall of the terms of the transaction

2.) Buyer should submit payment to Waterfall either by check or Paypal to finance@waterfallmobile.com

3.) Seller shall be informed upon payment receipt, and transfer shall be processed

4.) Payment shall be applied towards license fees due to Waterfall Mobile in Seller account


Waterfall will not support temporal transfers, so transactions should be negotiated as finite transactions. Waterfall accepts no financial risk or responsibility for transactions that may be conducted outside the aforementioned process.


Disclaimer of Warranties

This site (including the site content and any products or service made available through the site, if any) are being provided, distributed, and transmitted on an as is, and as available basis, without warranty of any kind, either express or implied, including, without limitation, any warranty regarding information, availability, uninterrupted access or operation, lack of viruses or other infection agents, timeliness, accuracy, security, or usefulness of the site, the site content, or, any products or services made available through the site, if any, and without any warranty of title, non-infringement, merchantability or fitness for a particular purpose. We and our affiliates and licensors hereby disclaim and all such warranties express or implied. We make no warranty that this site, the site content or any products or services made available through the site, if any, will meet your requirements. No content or information obtained by you from us or through this site shall create any warranty not expressly made herein. If you are dissatisfied with the site, please review our Support and Maintenance Policy or discontinue your usage of the Site.


Limitation of Liability

In no event shall Waterfall Mobile, Inc., it's affiliates, or any of its or their directors, officers, employees, agents, partners, suppliers, licensors, or any other of its or their content or service providers (collectively, the "Protected Entities") be liable for any indirect, special, incidental, , consequential, exemplary or punitive damages, loss of profits, or loss of sales arising from, or directly or indirectly related to, you're access or use of, or your inability to access or use, this site, the site content, or the functions contained on or related thereto, even if such protected entity has been advised of the possibility of such damages. Some Jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through this site. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the site exceed, in aggregate, the amount, if any, paid directly by you to Waterfall Mobile in direct exchange for your use of the site.


Indemnification

You agree to defend, indemnify and hold Waterfall Mobile, Inc., its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of this Site, your placement or transmission of any User Information, Submitted Materials or any other any message, content, information, or other materials through this Site, any breach by you of any of these Terms of Use, or any violation by you of any law.


Applicable Laws

We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.


Forward Statements

Certain statements made on the Site which describe Waterfall's intentions, expectations or predictions, are forward looking and are subject to important risks and uncertainties. The results or events predicted in these statements may differ materially from actual results or events. There are a number of factors that could cause results or events to differ from current expectations. Waterfall Mobile disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.


Miscellaneous

The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of California, County of San Francisco. You agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco County in the State of California. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.