Please read the following to learn more about our Terms of Use. (TOU)
1.
ACCEPTANCE OF TERMS
Welcome to txtJock.com by H.A.S. Communications, Corp.. txtJock.com
provides its service to you, subject to the following Terms of Use
("TOU"), which may be updated by us from time to time without
notice to you. You can review the most current version of the TOU at any time
by logging onto the internet at http://www.txtjock.com/terms.aspx.
In addition, when using particular txtJock.com
services, you and txtJock.com shall be subject to any posted
guidelines or rules applicable to such services which may be posted from time
to time. All such guidelines or rules are hereby incorporated by reference
into the TOU.
2. DESCRIPTION OF SERVICE
txtJock.com is a text messaging service designed to serve radio,
television, internet and related text messaging communities. txtJock.com
(the "SERVICE") permits selected service operators to receive and
reply to incoming text messages sent to a single access number 2299 from
Smart, Globe and Talk n Text networks.
Keyword(s) are assigned to each service operator on a first-come,
first-served basis by the txtJock.com administrator. A secure, internet
interface is provided that restricts access to the service to authorized
service operators. Each message received by the system will be routed and
displayed on the appropriate txtJock.com interface, based on the
assigned keyword(s).
Up to two 145 character response messages may be sent by the service operator
in response to each text message received. Response messages may by returned
by the operator/system in one of three ways: (1) by the operator manually
sending a One-Button Reply, including 1 of 10 user defined reply messages,
(2) by the operator manually sending a Personal Reply message, or (3) a
system controlled Default Reply message that is automatically sent by the
system, when no other reply messages are sent, within the user defined
timeout period.
A number of features using sub-keywords may also be provided as part of the
Service, to manage and administer special services that may be supported by txtJock.com.
Unless explicitly stated otherwise, any
new features that augment or enhance the current Service, including the
release of new txtJock.com capabilities, shall be subject to the TOU.
You also understand and agree that the Service is provided "AS-IS"
and that txtJock.com Service
assumes no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization information.
You agree that you are responsible for obtaining access to the Service and
that access may involve third party fees (such as Internet service provider
or airtime charges). You are solely responsible for those fees. In addition,
you must provide and are responsible for all equipment necessary to access
the Service. (e.g. computers, modems, etc.)
3. YOUR
REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, or txtJock.com has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, txtJock.com has the right to suspend or
terminate your account and refuse any and all current or future revenue
shares or access to the Service (or any portion thereof).
4. txtJock.com
PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at http://www.txtjock.com/policy.aspx.
5. MEMBER
ACCOUNT, PASSWORD AND SECURITY
You will receive a username and password for one (1) Administrator and one
(1) Operator account, upon completing the Service's registration process. You
are responsible for maintaining the confidentiality of the passwords and
accounts, and are fully responsible for all activities that occur under your
passwords or accounts. You agree to (a) immediately notify txtJock.com
of any unauthorized use of your passwords or accounts or any other breach of
security, and (b) ensure that you or your designated service operators exit
from the account at the end of each session. txtJock.com cannot and
will not be liable for any loss or damage arising from your failure to comply
with this Section.
6. MEMBER
CONDUCT
You understand that all information processed, including data, text messages
and/or other related communications ("Content"), whether publicly
posted elsewhere or privately transmitted via txtJock.com, are the
sole responsibility of the person from which such Content originated. This
means that you and not txtJock.com are entirely responsible for
the content of all messages that you originate, send or transmit in response
to messages received via the Service. txtJock.com does not control all
of the Content transmitted 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 offensive, indecent
or objectionable. Under no circumstances will txtJock.com, or any of
it's partner communications networks including Smart, Globe, Piltel, Touch,
Digitel, etc., be liable in any way for any Content, including, but not
limited to, any errors or omissions in any Content, for any loss or damage of
any kind incurred as a result of the use of any Content received or
transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. transmit,
post or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
b. harm
minors in any way;
c. impersonate
any person or entity, including, but not limited to, a txtJock.com
administrator, official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
d. forge
headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
e. transmit,
post or otherwise make available any Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
agreements);
f.
transmit, post or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
g. transmit,
post or otherwise make available any unsolicited or unauthorized "junk
messages," "spam," "chain letters/messages,"
"pyramid schemes," or any other form of solicitation, except as
specifically authorized by the txtJock.com administrator;
h. transmit,
post or otherwise make available any material that contains software viruses
or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or
telecommunications equipment;
i.
disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to type,
or otherwise act in a manner that negatively affects other users' ability to
engage in real time message exchanges;
j.
interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service;
k. intentionally
or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by
the Philippine Government, any rules of any national or other securities
exchange, including, without limitation the Philippine Stock Exchange and any
regulations having the force of law;
l.
"stalk" or otherwise harass another Service user; or
m. sell
or distribute in any way, personal information about other Service users.
You acknowledge that txtJock.com does not pre-screen Content, but that
txtJock.com and its designees shall have the right (but not the
obligation) in their sole discretion to refuse to deliver or to remove or
screen any Content that is transmitted via the Service. Without limiting the
foregoing, txtJock.com and its designees shall have the right to
remove any Content that violates the TOU or is otherwise considered
objectionable by the txtJock.com administrator. You agree that you
must evaluate, and bear all risks associated with, the transmission of any
Content, including any reliance on the accuracy, completeness, or usefulness
of such Content.
You acknowledge and agree that txtJock.com may preserve Content and
may also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOU; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of txtJock.com, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL
ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the Philippines or the country in which you
reside.
8. INDEMNITY
You agree to indemnify and hold txtJock.com, and its
telecommunications providers, subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to
or arising out of Content that you or any of your designated service
operators originate, send or transmit in response to messages received via
the Service, your use of the Service, your connection to the Service, your
violation of the TOU, or your violation of any rights of another.
9. NO
RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, including the user database
information, use of the Service, or access to the Service.
10. GENERAL
PRACTICES REGARDING USE AND STORAGE
You acknowledge that txtJock.com may establish general practices and
limits concerning use of the Service, including without limitation the
maximum number of days that messages or other Content will be retained by the
Service, the maximum number of messages that may be sent from or received by
an account using the Service, the maximum size of any message that may be
sent from or received by an account using the Service, the maximum disk space
that will be allotted on txtJock.com's servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may access
the Service in a given period of time.
You agree that txtJock.com has no responsibility or liability for the
deletion or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge that txtJock.com
reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that txtJock.com reserves the
right to change these general practices and limits at any time, in its sole
discretion, with or without notice.
11. MODIFICATIONS
TO SERVICE
txtJock.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 txtJock.com shall not
be liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
12. TERMINATION
You agree that txtJock.com, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if txtJock.com believes that you have
violated or acted inconsistently with the letter or spirit of the TOU.
txtJock.com may also in its sole
discretion and at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any termination of your
access to the Service under any provision of this TOU may be effected without
prior notice, and acknowledge and agree that txtJock.com may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or the
Service. Further, you agree that txtJock.com shall not be liable to
you or any third-party for any termination of your access to the Service.
13. DEALINGS
WITH ADVERTISERS
Your acknowledge that your participation in promotions using txtjock.com, including the delivery of advertising or related
content, and any other terms, conditions, warranties or representations
associated with such promotions, are solely between you and such advertiser.
You agree that txtJock.com shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such promotions or advertising on the Service.
14. txtJock.com'S
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. Except as expressly authorized by txtJock.com
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software, in whole or
in part.
txtJock.com grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a maximum of two
(2) computers; provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation) for the
purpose of obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface that is
provided by txtJock.com for use in accessing the Service.
15. DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. txtJock.com
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. txtJock.com MAKES
NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OR AS A BY PRODUCT OF THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
c. ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM txtJock.com
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOU.
15. LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT txtJock.com SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF txtJock.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS
AND LIMITATIONS
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 OF SECTIONS 16 AND 17 MAY NOT
APPLY TO YOU.
18. SPECIAL
ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 15
and 16 again. In addition, for this type of information particularly, the
phrase "Let the investor beware" is emphasized. These Services are
provided for informational purposes only, and no Content transmitted as part
of the Service is intended for trading or investing purposes. txtJock.com
and its licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted or made available
via the Service, and shall not be responsible or liable for any trading or
investment decisions made based on such information.
19. NOTICE
Notices to you may be made via either telephone, email or regular mail. The
Service may also provide notices of changes to the TOU or other matters by
displaying notices or links to notices to you generally on login page of the
Service.
20. TRADEMARK
INFORMATION
txtJock.com, the txtJock.com logo, and service marks, and other
txtJock.com logos and product and service names are trademarks of
H.A.S. Communications, Corp., (the "txtJock.com Marks").
Without txtJock.com's prior permission, you agree not to display or
use in any manner, the txtJock.com Marks.
21. GENERAL
INFORMATION
The TOU constitute the entire agreement between you and txtJock.com
and govern your use of the Service, superceding any prior agreements between
you and txtJock.com. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party
content or third-party software. The TOU and the relationship between you and
txtJock.com shall be governed by the laws of the Philippines, without
regard to its conflict of law provisions.
You and txtJock.com agree to submit to the personal and exclusive
jurisdiction of the courts located within Pasig City, Philippines. The
failure of txtJock.com to exercise or enforce any right or provision
of the TOU shall not constitute a waiver of such right or provision. If any
provision of the TOU 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 TOU remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the TOU must be
filed within one (1) year after such claim or cause of action arose or be
forever barred.
The section titles in the TOU are for convenience only and have no legal or
contractual effect.
22. VIOLATIONS
Please report any violations of the TOU to the txtJock.com
administrator by telephone at (02) 661-6161 or email at violations@txtjock.com.