MessagePub Terms of Use
Welcome to MessagePub.com owned and operated by ShareMeme, Inc. (“MessagePub,” “we” or “us”). We provide a number of services and products that enable our users, such as yourself, (“You,” or “Your”) to communicate with other users and third parties across multiple platforms (collectively, the “Tools”) through the MessagePub site at http://messagepub.com (the “Site”) under the following terms and conditions (the “Terms”) as set forth in this Terms of Use Agreement (the “Agreement”). Please read the Agreement carefully. By accessing or using the Site or Tools, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site), or a “Registered User” (which means that you have registered with the Site or Tools and established an account with MessagePub (the “Account”) to upload User Content (as defined below) and send messages, SMS, MMS, text messages, emails, or other electronic communications (collectively “Messages”) using the Site and/or Tools). If you do not agree to all of the Terms of this Agreement, then you may not access the Site or use any Tools. We reserve the right, in our sole discretion, to deny access to the Site or Tools to anyone for any reason.
Visitors may browse the Site in accordance with this Agreement, but will not have access to certain Tools without becoming a Registered User. Those Tools that are only available to Registered Users, require users to set up an Account prior to accessing such Tools. When you set up an Account, you are required to select a logon ID and password. You may not transfer or share your logon ID, password or account (collectively, the “Account Information”) with anyone, and you are solely responsible for maintaining the confidentiality of your Account Information. You agree to immediately notify us of any unauthorized use of your Account Information or any other breach of security. You are solely responsible for any and all use of your Account and all activities that occur under or in connection with your Account. You agree to be responsible for any act or omission of any users that access the Site or Tools under your Account, that if undertaken by you, would be deemed a breach of this Agreement, and that such act or omission shall be deemed a breach of this Agreement by you. You must not use your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. All users of the Site or Tools who submit or otherwise provide information to us, agree that such information is true, accurate, current and complete and to maintain and promptly update such information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your use of the Site or Tools (or any portion thereof). You agree not to register for more than one Account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity without such group or entity’s written authorization.
In order to access certain Tools, you will be required to pay applicable fees associated with those Tools. You are responsible for paying all fees and applicable taxes associated with access to such Tools in a timely manner with a valid payment method. You authorize us to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges under your Account with us. Your Payment Method will be charged the current fee for access to the Tool you choose on the date that you click on the "Purchase" button in the ordering process. In the event that access to the applicable Tool requires a recurring payment, you agree that we may automatically charge the fee to your Payment Method at the beginning of each recurring period. For example, if you choose to purchase access to a Tool with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. Additionally, we may offer a one-time payment option for payment each time you decide to purchase access to a certain Tool ("One-Time Payment"). If you opt for a One-Time Payment your Payment Method will be charged the then-current fee for access for that Tool on the date you choose to purchase such access and clicked the “Purchase” button. You acknowledge and agree that we may share any credit card and related billing and payment information you provide to us with companies who work on our behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to us and servicing your Account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay us all charges incurred under your Account for any access to Tools which you or anyone else who uses your Account (including, without limitation, employees, agents, children, family and friends) purchases in accordance with this Agreement and any applicable policies. If your Payment Method fails or your Account is past due, (a) you agree to pay all amounts due on your Account upon demand, (b) we may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) we reserve the right to either suspend or terminate your access to the Site and/or Tools or your Account. You further agree that we may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. Except as may be set forth herein, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to us within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at our discretion.
As part of the login and registration process, you will be asked to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Policy, which is located at http://messagepub.com/privacy and is incorporated by reference into this Agreement. If you use the Site and/or Tools, you agreed that you have read and are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site and/or the Tools.
Subject to the Terms of this Agreement, we hereby grant to you a limited, non-exclusive, non-transferable right to: (a) access the Site if you are a Visitor or Registered User; and (b) use the Tools if you are a Registered User, solely for internal business purposes and/or personal use, so long as this Agreement remains in effect.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Tools (“Our Technology”) are: (a) copyrighted by MessagePub and/or its licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by MessagePub or its licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms. Nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology other than through access to the Site and Tools. Certain of the names, logos, and other materials displayed on the Site or in the Tools constitute trademarks, tradenames, service marks or logos (“Marks”) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Tools will be governed by such third parties’ licenses and not by this Agreement.
You are solely responsible for the photos, profiles, documents, messages, notes, text, information, music, and other content that you upload, publish or display (hereinafter, “post”) on or through the Site and/or Tools, or transmit to or share with other users or third parties (collectively the “User Content”). Without implying any obligation on our part, we reserve the right: (a) to remove, delete or refuse to take online or transmit any such User Content, including, without limitation, any User Content that in our sole judgment violates this Agreement, might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other users or third parties, as required by law, or if we believe User Content may create liability for us; or (b) to modify User Content as required by law or if necessary to cause User Content to be in compliance with this Agreement. By posting User Content to any area of the Site or Tools you: (i) represent and warrant that you have or have obtained all rights, permissions, approvals and authorizations necessary to post such User Content and to send Messages to other users or third parties through use of the Site and/or Tools; (ii) automatically grant, and you represent and warrant that you have the right to grant, to MessagePub a worldwide, perpetual, non-exclusive, transferable (with the right to sublicense), fully paid, royalty-free license in and to all User Content to use, copy, publicly display, publicly perform (including by means of a digital audio transmission), modify, reformat, translate, excerpt, and distribute User Content as necessary to provide the Site and/or Tools and to perform our obligations under this Agreement. We reserve the right to disclose all User Content that you post, transmit or otherwise make available via the Site and/or Tools if required to do so by law or in the good faith belief that such disclosure is necessary or appropriate to conform to the law or comply with legal process served on us, to protect and defend the rights or property of MessagePub, MessagePub or our customers, whether or not required to do so by law, or to protect the personal safety of our users or the public.
You agree not to use the Site or Tools in any manner that violates this Agreement, including our then-current acceptable use policy (“Acceptable Use Policy”), the latest version of which is available at http://messagepub.com/acceptable_use, which is incorporated in this Agreement by reference, and which we may modify in the same manner that we modify the terms of this Agreement as set forth below. You agree not to use the Site or Tools to: (a) violate any local, state, national or international laws, rules or regulations, including without limitation, the CAN-SPAM Act, the Telephone Consumer Protection Act and the Do Not Call Registry; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) solicit personal information from anyone under 18 years old, or solicit passwords or personally identifying information for commercial or unlawful purposes; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere or disrupt, attempt to interfere or disrupt, or knowingly facilitate the interference or disruption of, the Site or Tools, or servers or networks connected to the Site or Tools, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Tools (including without limitation hacking, cracking into, monitoring, or using systems without authorization, scanning ports, conducting denial of service attacks, or attempting to access or tamper with the non-public areas of the Site or Tools). You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Tools, use of the Site or Tools or access to the Site or Tools for any purposes other than for which the Site or Tools are being provided to you. Without our written consent, you may not (i) allow, enable, or otherwise support the transmission of mass, unsolicited, commercial advertising or solicitations via e-mail (spam); (ii) use any high volume, automated, or electronic means to access the Tools (including without limitation robots, spiders or scripts); or (iii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
You represent and warrant that your use of the Site and/or Tools, and all User Content, does not: (a) violate the terms of this Agreement; (b) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation, including, without limitation, the laws and regulations governing export control, the CAN-SPAM Act, the Telephone Consumer Protection Act and the Do Not Call Registry; (d) contain harmful, threatening, unlawful, defamatory, trade libelous, abusive, inflammatory, harassing, vulgar, obscene, pornographic, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable material; (e) violate any laws regarding unfair competition, anti-discrimination or false advertising; (f) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines. We reserve the right (but are not obligated) to investigate and to take appropriate legal action in our sole discretion against anyone who, in our opinion, has violated this Agreement, including without limitation, terminating access to the Site and Tools for such violators.
Content from other users, advertisers, and other third parties may be made available to you through the Site and/or Tools. Because we do not control such content, you agree that we are not responsible for any such content. We make no guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties. The Site and Tools may contain links to websites not operated by MessagePub. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Site and/or Tools you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites, products or services accessible by hyperlink from the Site or Tools. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. It is your responsibility to review the privacy policies and terms of use of any other website you visit. You agree that in no event will MessagePub be liable to you in connection with any websites, content, products, materials, or practices of any third party, including other users.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
Our Copyright Agent for notice of claims of copyright infringement on the Site or Tools can be reached by directing an e-mail to our Designated Copyright Agent at info [at] messagepub [dot] com.
You agree to indemnify, defend and hold harmless MessagePub, its parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (a) User Content and/or Messages, or the combination of either with other applications, content or processes, including, but not limited to any claim involving infringement or misappropriation of third party rights and/or the use, development, design, manufacture, production, advertising, promotion and/or marking of User Content and/or Messages; (b) your use of the Site, Tools, Our Technology, or Marks in a manner not authorized by this Agreement; (c) your violation of any term or condition of this Agreement, or any applicable additional policies, including, without limitation, representations and warranties made by you; (d) your violation of any rights of any other person or entity; (e) your violation of any local, state, national or international laws, rules or regulations, including without limitation, the CAN-SPAM Act, the Telephone Consumer Protection Act and the Do Not Call Registry; or (f) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines inputted by you into the Site or Tools.
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR TOOLS IS AT YOUR SOLE RISK. BOTH THE SITE AND TOOLS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MESSAGEPUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. MESSAGEPUB MAKES NO WARRANTY THAT THE SITE OR TOOLS WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR TOOLS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MESSAGEPUB MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR TOOLS OR THAT DEFECTS IN THE SITE OR TOOLS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR TOOLS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE UPLOAD OR DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MESSAGEPUB OR THROUGH THE SITE OR TOOLS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MESSAGEPUB OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE TOOLS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE TOOLS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE OR THE TOOLS. THE AGGREGATE LIABILITY OF MESSAGEPUB TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE TOOLS IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE TOOLS, OR (B) [TEN DOLLARS (U.S. $10.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Without limiting Sections 12 or 13, and to the extent permitted under applicable laws, you hereby release MessagePub from any liability related to: (a) any incorrect or inaccurate content posted on or through the Site or Tools, whether caused by any user of the Site or Tools, or by any of the equipment or programming associated with or utilized in the Site or Tools; (b) the conduct, whether online or offline, of any user of the Site or Tools; (c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or content players on account of technical problems or traffic congestion on the Internet or at any sites, or combination thereof, including injury or damage to user’s or to any other person’s computer or other mobile device related to or resulting from participating or downloading materials in connection with the Site or Tools; (d) any loss or damage caused by content posted on or through the Site or Tools or transmitted by and to users, or any interactions between users of the Site or Tools, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Messages or User Content.
This Agreement is effective upon your acceptance of these Terms and shall remain in full force and effect while you use the Site or Tools or are a Registered User. You may delete your Account and end your registration at any time, for any reason by following the instructions on the Site at http://messagepub.com/termination. You understand that termination of this Agreement and your Account involves deletion of your information from our live databases as well as any User Content that you uploaded to the Site using such Account. Either party may terminate the Agreement upon material breach of the other party, if such material breach continues for thirty (30) days after written notice of such breach is provided to the breaching party. Notwithstanding the foregoing, you agree that MessagePub, in its sole discretion, may immediately terminate your use of and access to the Site and Tools at any time, for any reason, in its sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR TOOLS OR DELETION OF YOUR ACCOUNT OR USER CONTENT.
We may change the Terms from time to time. We will notify you of any such changes via e-mail (for Registered Users) and/or by posting notice of the changes on the Site. If you object to any such changes, your sole recourse will be to cease using the Site and/or Tools. Continued use of the Site and/or Tools following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain areas of the Site or Tools may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these Terms, these Terms will control.
We reserve the right to modify or discontinue the Site or Tools with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site or Tools. If you object to any such changes, your sole recourse will be to cease using the Site or Tools. Continued use of the Site or Tools following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Tools as so modified. We may also, in the future, offer new features or functionalities through the Site (including, the release of new tools and resources). Such new features and/or services shall be deemed to be a part of the Site and Tools, and shall be subject to the terms and conditions of this Agreement.
You acknowledge and agree that we reserve the right to discontinue the Site or access to the Tools and/or terminate this Agreement, in our discretion, in the event of any delay, failure, discontinuance or material modification to any service, feature, function and/or application necessary or material to the provision of the Site or Tools (or any part thereof), including, without limitation, where such delay, failure, discontinuance or modification is due to fire, earthquake, unusually severe weather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance substantially beyond our control, and we are not responsible for damages or otherwise liable to you or any third party in any way for such discontinuance or termination as a result of the foregoing, in connection with the Site, Tools or other products or services.
You are responsible for compliance with all applicable laws. The Agreement and the relationship between you and MessagePub will be governed by the laws of the Commonwealth of Virginia, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Agreement, or your use of, the Site or Tools must be instituted exclusively in the federal or state courts located in the Commonwealth of Virginia and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. This Agreement is personal to you, and you may not transfer, assign or delegate this Agreement to anyone without our express written permission. Any attempt by you to assign, transfer or delegate this Agreement without our express written permission shall be null and void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in this Agreement, shown in boldface type, are included only to help make the agreement easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default. This Agreement constitutes the complete and exclusive agreement between you and MessagePub with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.