SMSDOME’S TERMS & CONDITIONS
Last Updated: 12th November 2024
1. ACCEPTANCE OF TERMS
1.1 Read these SmsDome.com and SimplyBlast.com Terms of Use (“Terms”) carefully before You (“You”) accept these Terms by: (a) placing an order through SmsDome.com or SimplyBlast.com, or (b) otherwise using the SmsDome.com or SimplyBlast.com web site (“Web site”). If You do not agree to all of these terms, do not use this Web site.
1.2 These Terms of Use (“Terms”) describes the terms and conditions under which SmsDome Pte Ltd (the “SmsDome”) offers you (the “customer” or “client” or “you” or “your”) an account (the “account”) for use of the SmsDome services (the “services”). By accessing or using the service, you agree to be bound by the terms and conditions set forth below published on the SmsDome site at www.SmsDome.com (the “site”). If you do not wish to be bound by these terms and conditions, you may not access or use the service. SmsDome may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement at the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the service shall be deemed your conclusive acceptance of the modified agreement.
1.3 If you are using the Services on behalf of Your employer, You represent that You are authorized to accept these Terms on Your employer’s behalf. SmsDome provides the on-line SmsDome resources, and other on-line resources accessible via SmsDome.com and SimplyBlast.com (the “Services”) to You, subject to the Terms. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the current Services, including the release of new SmsDome.com and SimplyBlast.com on-line resources. These Terms of Use apply to purchases You make through the SmsDome.com and/or SimplyBlast.com on-line resources, unless You have currently in effect a separate written purchase or license agreement with SmsDome, in which case that separate purchase agreement governs. If there is a conflict between: (a) these Terms, and (b) other applicable purchase or license agreement, the latter prevail.
2. YOUR OBLIGATIONS
2.1 In consideration of Your use of the Services, You agree to be solely responsible for: (a) providing true, accurate, current, and complete information about You as prompted by the Service’s registration form (the “Registration Data”), and (b) maintaining and promptly updating the Registration Data to keep it true, accurate, current and complete.
2.2 You are solely responsible for the security of your password. SmsDome is not liable for any unauthorized use of the Web site or Services. You acknowledge and agree that certain Services may provide password-restricted access to customer information such as names and certain terms of Your existing contracts to assist You in purchasing, maintaining and supporting Your SmsDome products.
2.3 By using this Web site and registering for such Services, You consent to SmsDome’s display of such information via the Services and accept all risks of unauthorized access to such information. If You provide any information that is false, inaccurate, out of date, or incomplete, or SmsDome has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, SmsDome may suspend or terminate Your account (as described in Section 16) and refuse any and all current or future use of the Services (or any portion thereof).
2.4 SmsDome agrees to make reasonable efforts to implement Your requested changes, additions, or deletions to Registration Data within one (1) business day of receipt of such written information. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, that You incur in order to use the Services.
3. YOUR CONDUCT
3.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that You, and not SmsDome, are entirely responsible for all Content that You upload, post or otherwise transmit via the Services. SmsDome does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, You may be exposed to Content that is offensive, indecent or Objectionable.
3.2 While it is not our intent to monitor Your online communications, SmsDome reserves the right to edit or remove content that we become aware of and determine to be harmful, offensive or otherwise in violation of these Terms. SmsDome may also remove Content that contains third-party commercial advertisements, is inaccurate or includes unauthorized disclosure or personal information. Violation of these restrictions (“Restrictions”) may also result in the termination or suspension of your account. These Restrictions apply to all content provided to or through the Services, including email messages, newsgroup postings, chat, and personal or business web pages.
3.3 You agree not to post or store on SmsDome.com or any of its affiliated sites any Content that violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable (“Objectionable”).
3.4 You agree not to use the Services in any way for spamming or to transmit chain letters, junk email or bulk communications. You agree not to transmit through the Services any Material that is Objectionable.
3.5 You agree not to use any SmsDome domain name as a pseudonymous return email address for any communications that You transmit from another location or through another service; and You may not pretend to be someone else or spoof their identity when using the Services. Furthermore, You agree not to transmit unsolicited or bulk communications to any SmsDome account holder or to any SmsDome.com or affiliated email address (regardless of whether You use the Services to transmit any such communication).
3.6 You agree not to use the Services for any unlawful activities not otherwise covered above, including (without limitation) attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making direct threats of physical harm. Additionally, You agree not to use the Services to: (a) impersonate any person or entity, including, but not limited to, a SmsDome official, (b) or falsely state or otherwise misrepresent Your affiliation with a person or entity; (b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop hidden pages or images (those not linked to SmsDome.com from another accessible page); (c) upload, post or otherwise transmit any Content that You do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) upload, post or otherwise transmit 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; (e) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (f) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; (g) collect or store personal data about other users; (h) use an SmsDome account as storage for remote loading or as a door or signpost to another home page, whether inside or beyond SmsDome.com.
4. THE SERVICE
SmsDome SERVICES include mobile messages broadcast, email broadcast, customized campaigns and database management. SmsDome may terminate, change, suspend or discontinue the SERVICES, including the availability of any features of the Site, at any time. SmsDome may from time to time provide additional services subject to charges according to the sole discretion of SmsDome.
5. SUBSCRIBER ACCOUNT
5.1 By accepting these terms, you confirm that you are capable of entering into a binding agreement. You must accurately complete any subscriber information requested by SmsDome. The SERVICES are intended to appeal to a broad audience, and therefore it is your responsibility to determine whether any of the SERVICES are appropriate for the targeted audience.
5.2 To open an account for usage of the SERVICES, the CLIENT must provide true and accurate information as indicated in the Customer Registration Form and shall promptly update such information to keep it true and accurate.
5.3 For SITE account services, the CLIENT will be assigned a username and password. The CLIENT is entirely responsible for the privacy, confidentiality and storage of their username and password. All SITE activities that can be traced to the username of the CLIENT are deemed as having performed by CLIENT. SmsDome does not assume any liability for content of messages or emails sent and is exempt from any claim that may arise from third parties as a result of message or emails sent or received.
5.4 You are fully responsible for any charges and liabilities incurred through the use of the SERVICES or Your Account and for any activities conducted through Your Account. In addition, SmsDome may temporarily disable access to Your Account if You report unauthorized use or if usage of the Account dramatically exceeds normal usage patterns within a short time period. The CLIENT agrees to notify SmsDome immediately of any unauthorized use of the account at support@smsdome.com.
6. CONFIDENTIALITY OF SMSDOME INFORMATION
In order to gain access to the Services, You agree to these confidentiality provisions:
6.1 You acknowledge that You may obtain direct access via the Web site to certain SmsDome confidential information, including databases containing confidential information of SmsDome and its suppliers, such as technical, contractual, pricing, marketing, and other valuable information (“Information”). You must hold Information in strict confidence and may provide Information to employees in your organization only on a need-to-know basis. You may use the Information from the Web site solely for the purpose of purchasing, maintaining and supporting Your SmsDome products and equipment. Title to Information remains with the SmsDome owner or its suppliers. You agree, either as an individual or on behalf of Your employer, to be bound by the provisions of this Section 6. Furthermore, if You are acting on behalf of Your employer, Your employer agrees to indemnify You for violations of this Section 6.
6.2 You do not acquire any rights in Information, except the limited right to use Information as described above.
6.3 Any breach of the Terms will result in irreparable harm to SmsDome for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, SmsDome will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if SmsDome seeks such an injunction.
6.4 Your obligations regarding Information expire five (5) years after the date of disclosure. Upon termination of the Terms or SmsDome’s written request, You must cease use of Information and return or destroy all Information.
6.5 The Terms impose no obligation upon You with respect to Information that You can establish by legally sufficient evidence: (a) You possessed, or knew, prior to Your receipt from SmsDome, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Information and without the participation of individuals who have had access to Information, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to SmsDome adequate to afford SmsDome the opportunity to object to the disclosure.
7. CONTENT SUBMITTED TO SMSDOME.COM
7.1 SmsDome does not claim ownership of the Content You place on any part of SmsDome.com. By submitting Content to SmsDome for inclusion on SmsDome.com, You grant SmsDome and all other users of SmsDome.com a worldwide, royalty-free, and nonexclusive license to reproduce, modify, distribute, transmit, display, perform, adapt, and publish the Content (including in digital form).
7.2 You acknowledge that SmsDome does not pre-screen Content, but that SmsDome and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any Content that is available via the Services. Without limiting the foregoing, SmsDome and its designees may disable, restrict access to or the availability of, any Content that violates the Terms or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
7.3 Unless otherwise explicitly stated, herein, or in the SmsDome.com Privacy Policy, any Content provided by You in connection with this Web site shall be deemed to be provided on a non-proprietary and nonconfidential basis. SmsDome shall not have any obligation of any kind with respect to such Content and SmsDome shall be free to use or disseminate such Content on an unrestricted basis for any purpose. You acknowledge that You are responsible for the Content that You submit, and You, not SmsDome, have full responsibility for the Content, including their legality, reliability, appropriateness, originality and copyright.
8. SUPPLY OF SMS/MMS SERVICE
You acknowledge that SmsDome delivers and receive SMS/MMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery and transmission of SMS/MMS messages within the technical constraints imposed by such providers. Whilst SmsDome will take reasonable steps to deliver the message to the recipients as fast as possible, it cannot commit to or guarantee a specific maximum delivery time, as such times depend on various network and system-related factors among the various entities involved in transporting the message across the network. You acknowledge that SmsDome has little to no influence on the service quality once the message has been submitted to its partner mobile network providers and thus has left its domain of control.
9. USE OF ACCOUNT
9.1 You and other users of Your Account must comply with all applicable laws and regulations in using the SERVICES. You may not use the SERVICES to engage in “spamming”, transmission of “junk mail” or “chain letters” or unsolicited mass distribution of SMS or any similar conduct.
9.2 SmsDome does not control the data or information of Your Account. Under no circumstances will SmsDome be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, or otherwise transmitted via the Service.
9.3 At our option and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages You send without delivering them or prevent messages from reaching You.
9.4 You agree that SmsDome 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 SERVICES. You acknowledge that SmsDome reserves the right to log off or suspend Accounts that are inactive for an extended period of time. You further acknowledge that SmsDome reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9.5 Client agree that SmsDome may terminate the Client’s Account and use of the SERVICES if SmsDome believes Client has in any manner (i) violated the Terms and Conditions of the Site or any other services offered by SmsDome, (ii) violated this Agreement, (iii) provided SmsDome false, inaccurate or incomplete information, or (iv) violates any applicable law, regulation or rule of any state or country.
10. CREDIT LIMIT ON SMS/MMS USAGE
SmsDome may apply a credit limit for SERVICES usage incurred under your Account. Services will be suspended if this limit is exceeded. You may contact SmsDome to ask for a temporary credit increase.
11. DELIVERY OF EMAIL
11.1 SmsDome will attempt to deliver all of the email that is addressed to your email address on SmsDome Services. However, sometimes someone who may or may not be a subscriber to SmsDome Services may attempt to relay large numbers of email messages, in bulk, off of or through one of our servers.
11.2 SmsDome reserves the right to discard that bulk relay email because it is an unauthorized use of our equipment. Any email addressed to you in care of SmsDome Services that is included in that bulk relay email may not be delivered to you.
12. SPAM EMAIL AND POSTINGS
You agree that SmsDome would be irreparably harmed by the use, by You or others, of SmsDome Services or facilities in connection with the transmission of spam newsgroup postings or unsolicited email in violation of these Terms, and that SmsDome is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). SmsDome reserves the right to block, filter or delete unsolicited email.
13. INDEMNITY
You agree to indemnify and hold SmsDome, and its subsidiaries, affiliates, officers, agents, co-branders, alliance members, 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 Your Content, Your use of the Services, including any use by Your employees (including as described in Section 6.1), Your connection to the Services, Your violation of the Terms, or Your violation of any rights of another. You shall indemnify SmsDome against all claims that anyone threatens or makes against SmsDome relating to Your use of SERVICES or due to your breach, negligence or omission.
14. LIMITATION OF LIABILITY
14.1 SmsDome’ Services and all information, products, and other content (including third party information, products, and content) are provided “as is” and are subject to change at any time. SmsDome disclaims all representations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights).
14.2 SmsDome shall not be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of SmsDome’ Services, even if SmsDome has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
15. BILLING AND PAYMENT
15.1 You agree to pay all charges that may be required for use of the SERVICES. All charges will be exclusive of value added (“VAT”), sales or other taxes, except as required by law. SmsDome reserves the right to modify its prices, charges or fees, provided that any changes shall be posted on the Site. You are therefore responsible for reviewing regularly the Site for information regarding fees and charges as well as changes to pricing. Continued use of or non-termination of the SERVICES shall be deemed to be acceptance of any posted changes in the prices for your use of the Services.
15.2 You expressly agree that all charges for payment of the SERVICES are final and non-refundable. You are responsible for all charges resulting from your use of the SERVICES. Once you sign up for the SERVICES and provide a form of payment, SmsDome will not provide you a refund for any charge made on your payments.
15.3 SmsDome shall have the right to terminate your account immediately, and you shall have no right to a refund of any service fees or charges, in the event you in any manner violate these Terms and Conditions or the Privacy Policy or any other applicable SmsDome policy, rule or conditions of use. While you may choose to terminate your account voluntarily at any time, you will not have a right to any refund of any service fees or charges.
15.4 You are required to give 30 days notice to SMSDOME before termination of SERVICES.
16. NOTICES; MODIFICATION AND TERMINATION OF SERVICES
16.1 SmsDome may send notices to You via either email or regular mail. The Services may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Services. SmsDome reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
16.2 SmsDome may make changes to the on-line SmsDome resources, including regarding products, services, programs, and prices, at any time without notice. SmsDome, in its sole discretion, may terminate Your password, SmsDome account(s), on-line resources, use of the Services or use of any other SmsDome service, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if SmsDome believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of Your access to the Services under any provision of the Terms may be effected without prior notice, and SmsDome may immediately de-activate or delete Your SmsDome account(s) or on-line resources and all related information and files in Your SmsDome account(s) or on-line resources and/or bar any further access to such files or the Services. Further, SmsDome will not be liable to You or any third-party for any termination, modification, or suspension of the Service.
17. ADVERTISEMENTS AND PROMOTIONS
SmsDome runs advertisements and promotions from third parties on the Services, SmsDome.com and SmsDome’s other Internet properties. The manner, mode and extent of advertising by SmsDome on Your SmsDome account(s) or SmsDome on-line resources is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than SmsDome found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. SmsDome is not 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 non-SmsDome advertisers on the Service.
18. LINKS
18.1 The Services may provide, or third parties may provide, links to other Internet sites or resources. Because SmsDome has no control over such sites and resources, You acknowledge and agree that SmsDome is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. SmsDome will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
18.2 This Web site may be linked to other web sites which are not under the control of and are not maintained by SmsDome. SmsDome is not responsible for the content of those sites. SmsDome is providing these links to You only as a convenience, and the inclusion of any link to such sites does not imply endorsement by SmsDome of those sites.
19. INTELLECTUAL PROPERTY RIGHTS
19.1 The Services and any software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in third-party advertisements or information presented to You through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by SmsDome or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
19.2 You may use the Software and related Services only subject to the agreement or license that accompanies such Software or Services. You may use Services only during their specified term, for the enumerated number of times, for the specified number of individuals, or as otherwise limited in the applicable agreement or license. Services involving an update, version release, product release, maintenance release, patch or derivative work of a licensed Software or Service may be used only: (a) on systems for which such Software or Service were specifically licensed; and (b) subject to the license and warranty term governing the original product or Service. Services provided as an element of SmsDome support, consulting or educational services, also are governed by the terms of the applicable support, consulting or educational services agreement.
19.3 You must not modify, decompile, or reverse engineer any Software SmsDome discloses to You, and must not remove, overprint, or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of Software or Information from the Services.
19.4 “SmsDome Trademarks” means all names, marks, brands, logos, designs, trade dress and other designations SmsDome uses in connection with Products or Services. Customer may refer to Products and Services by the associated SmsDome Trademarks, provided that such reference is truthful and not misleading and complies with the then current SmsDome Trademark and Logo Policies. Customer may not remove or alter any SmsDome Trademarks, nor may it co-logo Products or material associated with Customer’s services. Customer acknowledges SmsDome’s rights in SmsDome Trademarks and agrees that any and all use of SmsDome Trademarks by Customer shall inure to the sole benefit of SmsDome. Customer agrees not to incorporate any SmsDome Trademarks into Customer’s trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.
19.5 SmsDome is committed to respecting others’ intellectual property rights, and we ask our users to do the same. SmsDome may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others’ intellectual property rights. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Web site, please contact our copyright agent as described in our copyright policy.
19.6 All Content provided on this Web site is provided by or to SmsDome by its respective manufacturers, authors, developers, alliance members, and vendors (the “Third Party Providers”) and is the copyrighted work of SmsDome and/or the Third Party Providers. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of SmsDome or the Third Party Provider. No part of the Web site, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of SmsDome. You also may not, without SmsDome’s prior express written permission, “mirror” any Content contained on this Web site on any other server.
19.7 Nothing on this Web site shall be construed as conferring any license under any of SmsDome’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
19.8 Permission is granted to display, copy, distribute and download SmsDome’s Content on this Web site provided that:
(1) both the copyright notice identified below and this permission notice appear in the Content,
(2) the use of such Content is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, except as explicitly permitted by valid license covering such materials, and
(3) no modifications of any of the Content are made. This permission terminates automatically without notice if You breach any of these terms or conditions. Upon termination, You must immediately destroy any downloaded and printed Content.
19.9 Any unauthorized use of any Content contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes in whole or in part by SmsDome. SmsDome does not provide, sell, license, or lease any of the Content other than those specifically identified as being provided by SmsDome.
20. DISCLAIMER OF WARRANTIES
20.1 Your use of the services is at your sole risk. The services and information (as defined in sections 1.3 and 6.1) are provided on an “as is” and “as available” basis. Unless otherwise explicitly stated, the content on SmsDome web sites is provided “as is”, “with all faults,” is experimental, and is for commercial use only. SmsDome disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, fitness for a particular purpose, or noninfringement. SmsDome
makes no representations, warranties, conditions or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the content contained on SmsDome web sites. SmsDome may make available on SmsDome web sites content available for downloading which has been submitted by third-party users of SmsDome web sites. Any questions regarding the content should be directed to the providers of such content. In no event will SmsDome or its alliance members or suppliers be liable for the accuracy or completeness of the content or information from SmsDome web sites.
20.2 SmsDome makes no warranty or condition that: (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, or that (v) any errors in the
software will be corrected.
20.3 Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, including any damages resulting from computer viruses.
20.4 No advice or information, whether oral or written, obtained by you from SmsDome or through or from the services will create any warranty or condition not expressly stated in the terms. SmsDome employees are not authorized to vary these terms.
21. LIMITATION OF LIABILITY
21.1 To the extent not prohibited by applicable law, SmsDome is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders, or other economic advantage (even if SmsDome has been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence) or otherwise, arising out of or related to: (i) the use of or the inability to use the services; (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 services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the services and smsdome.com; or (v) any other matter relating to the services, including content you may download, use, modify or distribute from SmsDome web sites.
21.2 You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the web site and will not make a claim against SmsDome for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the content.
21.3 You agree to hold SmsDome harmless from, and you covenant not to sue SmsDome for, any claims based on using the web site, whether in contract (including fundamental breach), tort (including negligence) or otherwise. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
22. SMSDOME PRIVACY POLICY
SmsDome respect Your desire for privacy. By using the SmsDome Web site, You are consenting to the processing of Your data by SmsDome consenting to the terms of the SmsDome Privacy Policy. If we decide to change that policy, we will post the revised policy prominently on the SmsDome Web site or otherwise bring it to Your attention, so that You are always aware of what we do with Your information.
23. GENERAL INFORMATION
23.1 The Terms constitute the entire agreement between You and SmsDome and govern Your use of the Services, superseding any prior agreements between You and SmsDome (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when You use other SmsDome services, third-party content or third-party software. You must not assign or otherwise transfer the Terms nor any right granted hereunder. Sections 3, 6, 13, 19, 20, 21 and 23 survive termination of the Terms.
23.2 Singapore law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You and SmsDome agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Singapore.
23.3 SmsDome controls and operates this Web site in various locations in Singapore and makes no representation that this Content is appropriate or available for use in other locations. If You use this Web site from other locations, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
23.4 This Web site could include inaccuracies or typographical errors. SmsDome and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web site at any time without notice. Changes are periodically made to the Web site. SmsDome may amend these Terms at any time by posting the amended terms on this site. If you are a registered user of SmsDome.com, SmsDome will notify you of changes to these Terms when you log-in after such changes have been made, thus giving You an opportunity to review the Terms.
23.5 The failure of SmsDome to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms 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 remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
23.6 These Terms represent the entire understanding relating to the use of the Web site and prevail over any prior or contemporaneous, conflicting, or additional, communication.
24. TRADEMARK AND LOGO USAGE
When referring to SmsDome’s trademarks, please follow the SmsDome Trademark and Logo Usage requirements on the SmsDome site. All SmsDome based trademarks are trademarks or registered trademarks of SmsDome.
25. COOKIES
Web sites use cookies to simulate a continuous connection to that site. This makes it more convenient for users by allowing them to visit pages within a site without having to reintroduce themselves with each mouse click. Contrary to popular fears and misconceptions, cookies were not created spy on or otherwise invade the privacy of Internet users. Cookies contain only information that users volunteer, and they do not have the capability of infiltrating a user’s hard drive and sneaking away with personal information. The simple function of a cookie is to help the user navigate a web site with as little obstruction as possible.
Cookies are small data structures used by a web site (server) to deliver data to a web client (user); request that the client store the information; and in certain circumstances, return the client to the web site. Web sites can thus “remember” information about users to facilitate their preferences for a particular site and allow the use of user passwords. The web site may deliver one or more cookies to the client. The client stores cookie data in one or more flat files on its local hard drive.
Cookies allow web sites to maintain user information across HTTP connections. The current HTTP protocol is “stateless,” meaning that the server does not store any information about a particular HTTP transaction; each connection is “fresh” and has no knowledge of any other HTTP transaction. “State” information is information about a communication between a user and a server, similar in many ways to frequent flier profiles or option settings in desktop software. (For example, a preference for aisle or window seats is cookie-like information that a frequent-flier program might store about its customers.) In some cases it is useful to maintain state information about the user across HTTP transactions.
26. COOKIE CHOICES IN YOUR NETSCAPE BROWSER
Beginning with version 4.0, Netscape Navigator began giving the power to control cookies. In version 4.0 and higher, you can activate your “Cookie Alert” by pulling down the Edit menu and clicking Preferences. Click Advanced Settings at the bottom of the dialog box, and choose from the following:
• Accept all cookies.
• Accept only cookies that get sent back to the originating server.
• Disable cookies.
Another option is for Navigator to warn you before accepting a cookie. Every time there is an incoming cookie, a dialog box will ask if you want to accept it.
27. MISCELLANEOUS
SMSDOME reserves the right to use the CLIENT’s name in its marketing and promotional materials.
28. GOVERNING LAW
This Agreement shall be governed by and construed in all respects in accordance with the Laws of the Republic of Singapore.