Terms of Service
Content Provided By SPYDERTEXT, INC.. The information displayed as query results, promotions or alerts represent the best efforts of SPYDERTEXT, INC.. Information provided over the SPYDERTEXT, INC. Services may produce results that some people find objectionable, inappropriate, or offensive. SPYDERTEXT, INC. cannot guarantee that a message delivered via a SPYDERTEXT, INC. Service will not provide unintended or objectionable content and SPYDERTEXT, INC. assumes no responsibility for the content included by SPYDERTEXT, INC.'s customers using the SPYDERTEXT, INC. Services.
User Conduct. The CLIENT understands that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages, or other materials (the "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that the CLIENT, and not SPYDERTEXT, INC., is entirely responsible for all Content that the CLIENT uploads, posts, emails, transmits, text messages or otherwise makes available via the Service. SPYDERTEXT, INC. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances shall SPYDERTEXT, INC. 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 use of any Content posted, emailed, transmitted or otherwise made available via the Service.
The CLIENT further agrees to not use the Service to:
- upload, post, text message, email, transmit, or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, text message, email, transmit, or otherwise make available any adult Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that the CLIENT does 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, or which violates the intellectual property rights of a third party);
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with, a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, text message, email, transmit 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 mobile telephone, mobile device, computer software or hardware or telecommunications equipment;
- "stalk" or otherwise harass another person or entity; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in Paragraphs (i) through (vi) above.
The CLIENT agrees that SPYDERTEXT, INC. may or may not pre-screen Content, but that SPYDERTEXT, INC. and its designees shall have the right (but not the obligation), in their sole discretion, to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, SPYDERTEXT, INC. and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
The CLIENT agrees that SPYDERTEXT, INC. may access, preserve, and disclose the CLIENT's account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with any subpoena or other legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to the CLIENT's requests for customer service; or (v) protect the rights, property, or personal safety of SPYDERTEXT, INC., its users and the public.
The CLIENT agrees to follow mobile carrier opt-in requirements and will not upload, post, text message, email, or otherwise transmit to persons who have not agreed to receive messages from the CLIENT.
Unsubscribing. For all subscription services of SPYDERTEXT, INC., the CLIENT may instantly unsubscribe by texting STOP or STOP ALL to the short code the CLIENT is subscribed to. If the CLIENT needs additional assistance, the CLIENT may send an e-mail to [email protected] SPYDERTEXT, INC..com.
No Automated Querying. The CLIENT may not send automated queries of any sort to SPYDERTEXT, INC.'s system without express permission in advance from SPYDERTEXT, INC.. The CLIENT is not allowed to copy, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, or modify the Services in any manner.
Trademarks, Names And Logos. All trademarks, names and logos used on the SPYDERTEXT, INC. website (www.SPYDERTEXT.com) or delivered via SPYDERTEXT, INC. Services are owned by SPYDERTEXT, INC. (unless otherwise stated). The CLIENT's use of these services and site does not allow the CLIENT to infringe those rights or the rights of the third parties which may exist in material contained in this site. No license is expressly implied, granted within or as a result of your use of SPYDERTEXT, INC. Services or this site. Without SPYDERTEXT, INC.'s prior permission, the CLIENT agrees not to display or use in any manner, the SPYDERTEXT, INC. trademarks, names and logo.
Charges. Unless expressly noted, all services are offered without charge. Other charges may apply. The CLIENT is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of SPYDERTEXT, INC.'s Services. Please consult the CLIENT's mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.
Disclaimer Of Warranties. SPYDERTEXT, INC. disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in the SPYDERTEXT, INC. Services results. SPYDERTEXT, INC. disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. SPYDERTEXT, INC. disclaims any responsibility for any harm resulting from information or material through the SPYDERTEXT, INC. Services.
Under no circumstances will SPYDERTEXT, INC. be held liable for platform issues that arise due to the electronic nature of online software and the possibility of lost data, carrier issues that may cause incoming/outgoing message errors and development issues that may arise from updates.
THE SPYDERTEXT, INC. SERVICES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SPYDERTEXT, INC. SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. SPYDERTEXT, INC. AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SPYDERTEXT, INC. AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SPYDERTEXT, INC. Services. SPYDERTEXT, INC. AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SPYDERTEXT, INC. SERVICES. SPYDERTEXT, INC. AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE SPYDERTEXT, INC. SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE SPYDERTEXT, INC. SERVICES.
THE CLIENT UNDERSTANDS AND AGREES THAT THE CLIENT DOWNLOADS OR OTHERWISE OBTAINS MATERIAL OR DATA THROUGH THE USE OF THE SPYDERTEXT, INC. Services AT ITS OWN DISCRETION AND RISK AND THAT THE CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR TO ITS MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE CLIENT. THE CLIENT MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND FROM JURISDICTION TO JURISDICTION.
Limitation Of Liability. UNDER NO CIRCUMSTANCES SHALL SPYDERTEXT, INC. OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SPYDERTEXT, INC. SERVICES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SPYDERTEXT, INC. OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SPYDERTEXT, INC. SERVICES, FROM INABILITY TO USE THE SPYDERTEXT, INC. SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SPYDERTEXT, INC. SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SPYDERTEXT, INC. SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE SPYDERTEXT, INC. SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SPYDERTEXT, INC. SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE SPYDERTEXT, INC. SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SPYDERTEXT, INC. SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SPYDERTEXT, INC. SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY THE CLIENT.
Without limiting the foregoing, under no circumstances shall SPYDERTEXT, INC. or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
All text messaging campaigns should enforce a strict no spam policy. It should be made clear to the customer that they will not receive unwanted and/or unnecessary messages and approval must be obtained before sending commercial SMS or MMS messages and other content. Opt-in requests should only subscribe the user to the specific program the user is opting into. Users should not automatically be added to other subscription groups.
The CLIENT agrees not to (1) transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic or harmful, or that could encourage criminal or unethical behavior, including transmission of any reference to the abuse of alcohol, drugs, tobacco, or controlled substances. This includes verbal and non¬verbal actions in which a person could conclude that the promotion of drug use is intended, (2) transmit any of the following content: profanity, intense violence, depiction of sexual activity or sexual behaviors, nudity, and hate speech, (3) transmit pyramid schemes or chain letters or conduct gambling, (4) transmit anything that violates the copyright or intellectual property rights of any person or entity, or (5) post or transmit a virus or any other harmful component.