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SMS Terms & Conditions

1. Introduction

Welcome to the terms and conditions for MoApp, the mobile application service from Aerva, Inc. These terms and conditions explain your rights and obligations. Please read them carefully as your continued use of this service indicates that you accept these terms and conditions. Please contact us with any inquiries, comments, or complaints.

1.1. Definitions
MoApp is a suite of mobile applications, such as voting, polling, chat and other applications, provided by Aerva, Inc.
The MoApp service is the means by which mobile phone account holders or their nominees can participate in a game or competition or request a mobile content service and to have it appear on a public display or the display of the user's handset by sending an SMS text message containing details of the keyword (plus choices and other words) to a shortcode, such details and shortcode to be published and/or changed by Aerva, Inc. in its sole discretion. Aerva, Inc. is a company incorporated in Massachusetts, USA.

1.2.
We reserve the right to change these terms and conditions at any time, and the amended terms will be posted here and on other appropriate websites.

2. Purchasing and ordering

To use MoApp applications you must have the consent of the mobile phone network account holder in respect to the handset used.

3. Materials in site and software rights

3.1.
All copyrights, trademarks, patents, design rights, and other intellectual property rights relating to MoApp (including, but not limited to, the underlying software, the design, graphics, layout, feel, and structure of our services) will be and remain the sole property of Aerva, Inc. and its licensors.

3.2. The information
in these services is given in good faith and for general information and interest only. It is subject to change without notice. Every effort is made to ensure that the information on MoApp is correct, however we cannot guarantee it is 100% free of inaccuracies, errors and omissions.

4. Our liability

4.1.
Except as set out in clause 4.2, we shall not be liable to you in connection with this Agreement for losses that are not a reasonably foreseeable consequence of its actions.

4.2.
These terms and conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, or for any matter which would be illegal for Aerva, Inc. to attempt to exclude from its liability and do not affect your statutory rights.

4.3.
Except as set out in clauses 4.1 and 4.2, Our liability is limited to the amount in currency value of the direct transaction in question up to a limit of $100, unless otherwise notified at time of purchase.

4.4.
Our services may contain links to or appear in conjunction with other service providers, publishers, sales agents and copyright owners, which are outside our control and are not covered by these terms and conditions.

4.5
If you access other services using the links provided, we cannot be responsible for the consequence of such access or for the way in which the other service providers, publishers, sales agents or copyright owners deal with you or use any information they may acquire about you.

4.6
We shall not be held liable for any failure to deliver the MoApp service as a result of your incorrect use of the service or the failure of any part of the service beyond our control.

5. Your liability

5.1
You agree to indemnify and hold us harmless from any liability, loss, claim, and expense (including legal fees) related to any breach by you of these terms and conditions or arising from your use of MoApp.

5.2
You shall compensate us in full if we incur any losses or if any claims or legal proceedings are brought or threatened against us by any other person arising from your use of MoApp.

5.3
You shall be held liable and will be responsible to pay any and all legal fees and or compensation resulting from any action taken by any third party as a consequence of the MoApp Service being used by you to place a message or messages which might be considered by any reasonable person to be foul, defamatory, inflammatory, offensive or likely to cause a disturbance whether the messages are of a sexual, religious or any other nature.

6. Acceptance of these terms

This Agreement is deemed to be made in Massachusetts, USA and is subject to the laws of the Commonwealth of Massachusetts.

7. Matters beyond reasonable control

Neither party is liable for any breach of this Agreement that is caused by a matter beyond its reasonable control, including acts of God, fire, lightning, explosion, war, flood, industrial disputes, sabotage, terrorism, extremely severe weather, or acts of local or central Government or other competent authorities.

8. Your personal information

We process personal information collected via MoApp, including but not limited to mobile phone numbers, for the purposes of:

As a result of using MoApp your details may be kept in our database and added to text mailing list(s). We may contact you regarding those details. If you wish to have your details removed from all of our records, please email us at sms@aerva.com, leaving your phone number and the word 'remove' in the subject line.

9. Service guidelines

9.1
Any personal data collected will be used solely in accordance with MMA (Mobile Marketing Association) rules.

9.2
If you are not the bill payer for the mobile phone, you must get permission from the bill payer before accessing the MoApp service.

9.3
Aerva, Inc. will give you the opportunity to opt-in to be contacted again for the purposes of market research, product information or any other form of promotion or communication.

9.4
If you want to opt-out of the service, send STOP to 77039. Msg&Data Rates May Apply.

9.5
If you need help, send HELP to 77039. Msg&Data Rates May Apply.

9.6
This is a standard rated program unless otherwise noted. Msg&Data Rates May Apply.

9.7
Aerva MoApp programs include Alerts, Text2Screen, Poll and Trivia.

9.8
Aerva, Inc. shall not be held liable for any failure of the MoApp Service to deliver a selected clip or text message to a location.

9.9
You will not use the MoApp Service to promote racial hatred, to place offensive words or phrases on screen, to defame any person or entity or to give cause for concern or distress to any party and take full responsibility for the consequences of messages created and sent by you under clause 5.3.

9.10
Supported Network Operators:
Alltel, AT&T, Boost Mobile, Cellular One, Sprint (incorporating Nextel), T-Mobile, US Cellular, Verizon Wireless, Virgin Mobile USA