IMPORTANT:
THIS IS A LEGAL AGREEMENT BETWEEN ScoresToSMS.COM ("the company", "we" or "us") AND THE USER ("you" or "user" or "subscriber"). PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.
ScorestoSMS.com currently offers services to users who agree to abide by:
the disclaimer;
the terms of service;
the privacy policy
By clicking the "submit " button at the registration form, you agree to:
the disclaimer;
the terms of service;
the privacy policy
WHETHER OR NOT YOU HAVE READ THEM.
If you do not agree to this, you may not access or otherwise use the service. Creating an account will constitute acceptance of the Terms of Service of this agreement. If you do not agree to abide by these terms, please do not open an account. ScorestoSMS.com reserves the right to amend this Agreement from time to time. Any such amendments will take effect immediately on posting of the amended agreement on the site. Accordingly, please continue to review these terms of service whenever you access or use the ScorestoSMS.com service. Your continued use of the service will signify your acceptance of any amended terms of service or privacy policy.
If, at any time, you cease to accept these Terms of Service, you may thereafter not use this Site. Any Terms of Service proposed by you which are in addition to or which conflict with these Terms of Service shall not apply, are expressly rejected by the Company and shall be of no force or effect, unless and to the extent otherwise confirmed by the Company in writing.
SERVICE DESCRIPTION
The Company currently offers users contents of informative and marketing nature including but not limited to text, music, sound, software, photographs, video, audio, graphics, data, information, any other material or content, or any portion of the foregoing through the Site (the "Service/s"). These include suggestions, recommendations, sales and other marketing information. The Service consists of the forwarding of information that you have requested from either ScorestoSMS.com´s page or a ScorestoSMS.com´s partner site. The information will be provided as a text message via your mobile telephone operator to your mobile telephone.
The type of information which you ask ScorestoSMS.com to send you is determined by the selections you make on the website maintained by ScorestoSMS.com. The Service is maintained 24 hours a day, but ScorestoSMS.com does not warrant that the Service will be uninterrupted or error free.
The Service is delivered upon the payment of a price, depending on the quantity and type of information requested. The price will be confirmed to you as you chose your sending method. You are the only person who may choose which part of the Service you wish to use, and ScorestoSMS.com will never send information to you that you have not previously requested at your expense. But we may send you promotional or system information about your account which will be free of charge.
ScorestoSMS.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ScorestoSMS.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ACCESS TO THE SERVICE
In order to use the Service, you must have a mobile phone subscription, or have in your possession a mobile phone according to the law (and by admission of the phone´s owner). The mobile phone should be SMS supporting, and allowing data services. The registration for the Service should be done via www.ScorestoSMS.com (the Site). You are solely responsible for obtaining access to the Service including any fees in connection thereof.
The service is provided only when valid and accurate details of the user are given including his cellular number.
If the user is not the registered owner of the cellular phone for which the service is provided to, he thereby declares that his registration to the Service (thereby his agreement to the charges, fees and method of payment), is with the full knowledge and consent of the lawful owner of the cellular phone for which the Service will be provided to, and that he will be held for the full responsibility and accountability for every demand and or request of the lawful owner of the cellular phone which the Service is provided for.
The availability of some of the services depends on client's mobile carrier connectivity.
Client understands that not all the mobile carriers are supported and some times it is possible that some limitations occur.
Following this, it is possible that some clients will not be able to benefit from the cheapest prices of the SMS announced on the website.
USER CONDUCT
ScorestoSMS.com does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to content that is objectionable. Under no circumstances will ScorestoSMS.com be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available via the Service.
You, as a subscriber, agree to:
provide the Company true, accurate, current and complete information, as prompted by the Service´s registration form;
maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. You will receive a password and account designation upon completing the Service´s registration process. You are solely responsible for maintaining the confidentiality of your password and your account details;
not to use a username in which another person has rights without such person´s authorization;
not to use a username or password that the Company, in its sole discretion, deems offensive or inappropriate;
not to transfer to any third party your password or any details of your account. The Company reserves the right to deny creation of your account in its sole discretion. You are fully responsible for all usage or activities that occur under your password or account, including but not limited to use of the account by any third party whether unauthorized or authorized by you.
Recognizing the global nature of the Internet, you further agree:
to comply with international or local law regarding the transmission of any data sent by you to this Site or obtained by you from the Service (as defined herein) in accordance with the Terms of Service;
not to use the Service for any purposes which are illegal pursuant to any of the foregoing laws;
to comply with all rules regarding online conduct.
The subscriber obligates to observe the following interdictions:
You agree to use the Service solely for your own personal use and/or benefit, and not for commercial use, resale or other transfer or disposition to, or use by or for the benefit of, any other person or third entity.
You agree not to use, transfer, distribute, modify, rent, lease, lend, distribute, sell, resell or exploit any content contained in the Service or create derivative works based on the Service, in whole or in part, except and to the extent expressly authorized by the Company in writing.
You agree to notify the Company in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other Intellectual Property, proprietary, contractual, statutory, common law right or any other right.
You agree not to use the Website or Services in such a way that the Website or the Services become interrupted, damaged or rendered less efficient or in any way impaired.
Use of the ScorestoSMS.com service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ScorestoSMS.com´s or another entity´s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending ScorestoSMS.com account is subject to immediate termination.
You agree not to permit any third party to use your username or password.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
You will indemnify Us against all losses, costs, expenses, damages and liabilities incurred by Us as a result of any claim brought against Us by any Cardholder, Card Issuer, Acquirer or other third party as a result of Your breach of the Agreement or Your acts or omissions.
You agree that as between You and Us it is Your responsibility to prove to Our satisfaction that the debit of a Cardholder's account was authorised by the genuine Cardholder.
If a claim is brought against Us by a Cardholder, a Card Issuer, Acquirer or other third party We will be entitled to settle or otherwise deal with it at Our sole discretion, including taking such steps as are reasonable to mitigate any potential loss we may incur and we will have the right to debit You for the costs.
Users who violate the terms of this Agreement will have their ScorestoSMS.com account ("Account") cancelled and they may permanently be banned from using the Service. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Terms of Service will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
A waiver by the Company of any breach of any provision of this contract by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, whether in whole or in part, the enforceability of the remainder of this Agreement shall not be affected.
LIABILITY
Our cumulative liability for any loss or damage due to our fault shall be limited up to the amount paid for the service resulting the damage.
We shall not be liable, in contract, tort (including negligence), or otherwise for:
- any loss of profit, business, contracts, revenues, or anticipated savings; or
- any special, indirect, or consequential damages of any nature whatsoever, resulting from any act or omission on Our part or any other person authorised by Us.
PAYMENTS
The tariffs and terms of payment of the Service are displayed on the Site.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges.
The Company reserves the right to change the tariffs for the Services by posting details of such changes on its web site or in other publicity materials (according to this Terms of Service regarding changes).
The "Estimated costs of selected games" is the average price of your selection based on historic records for similar events. The actual cost may go down or up. The "Estimated costs of selected games" showed on the site is tentative, approximate and informative. It is put there only to give the user a general idea of the approximate amount he (the user) will be charged. The final real amount due may be larger, and it depends on game score, the number of events, which occure diring the matches for which the user has chosen to receive messages. The user agrees that the Company is not responsible if the "Estimated Price", shown on the Site and the real price are different.
The above applies to all accounts and services provided by ScorestoSMS.com.
Service will be interrupted on accounts that have depleted their credit.
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Requests for canceling accounts may be made in writing or emailed with at least 7 days notice but not more than 60 days prior written notice and sent to sales@scorestosms.com. As long as there is no notice, the Company will continue the Services to you or the third party holding the cellular phone. The refund on amounts lower than 30 EUR will be made through PayPal.
A refund may be issued to you only if the service is not consumed in reasonable schedule or the subscriber provides an incontestable proof that he has not been able to use the service, because of reasons caused by the Company. The subscriber agrees that from the amount refunded shall be deducted all the charges and fees for processing the payment by banks, credit card processors or any other institution involved in the refund.
Non-monetary sales like, but not limited to, prepaid vouchers, coupons, bonuses, gift cards, premiums and similar to the listed before are not subject of refund at any circumstances.
TERMINATION OR SUSPENSION OF SERVICE
The Company reserves its right to withdraw and suspend the Service at any time without any notice to the user. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), without notice. Further more, you agree that the Company shall not be liable to you or any third party for any such termination of your access to the Services or any part thereof, and that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or for any termination of your password, account (or any part thereof) and/or your access to the Service.
ScorestoSMS.com may suspend or terminate the Service at any time with immediate effect where ScorestoSMS.com has good reason to believe that you have violated any of these Terms of Service.
ScorestoSMS.com may request that excessive users of the Service reduce their use of the Service. And ScorestoSMS.com may, in its sole discretion suspend your use of the Service if you do not abide by any such request.
ScorestoSMS.com may, in any event, be entitled to suspend its provision of the Service at any time for either routine maintenance or to terminate this agreement immediately if we receive notice that your contract with your mobile phone service provider has been cancelled.
Termination of this Agreement for any reason shall not affect the accrued rights and obligations of ScorestoSMS.com, including (without limitation) the right to recover damages against the subscriber.
Registered Trade Marks
ScoresToSMS® is a registered trade mark of ITStandard Net LTD, Stara Zagora, Bulgaria.