Terms of Service

By accessing and using the Mobileverses.com website, you agree that you have read, understand and accept the terms and conditions below for all use of the Mobile Verses services.

If you do not agree to be bound by these terms, do not use the site or purchase any products or services through the site.

By registering, you agree to receive messages from the client and will be charged according to your carrier rate plan. Clicking "accept" serves as your electronic signature indicating you agree to receive these messages. You may stop messages at any time by terminating your plan with Mobileverses.com.

Under these Terms, Mobile Verses offers users the ability to
(a) use the Site;
(b) download and/or purchase content; and
(c) provide feedback to Mobile Verses.

By using the Site, you agree to be bound by these Terms, including, without limitation, your agreement to limit or exclude certain damages and remedies. You may scroll down to review all of these Terms, or you may print these Terms as enabled by your browser. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Mobile Verses failure to act with respect to a breach by any user or others does not waive Mobile Verses right to act with respect to subsequent or similar breaches. The failure of Mobile Verses to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of this agreement. This agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflict of laws' principles. All claims arising from this agreement must be filed in the state or federal courts located in Philadelphia, Pennsylvania. This agreement constitutes the entire agreement between Mobile Verses and user with respect to the subject matter hereof.

Mobile Verses provides numerous SMS services. The services will include standard rate and premium SMS Alerts, Coupons, Voting, Downloads and Subscription services. Based on the service, the charges may be .50, .99, 1.99, 4.99 or 9.99. Users will opt-in by texting a keyword to the short code or filling out a web form. Data usage and each text message, sent or received, may incur a charge depending on the plan you have with your wireless carrier.

To cancel Text Services, send a text message with the word 'STOP' to the shortcode 73914. Cancellation for subscribers will take effect immediately and all unredeemed messages will be forfeited. Services are not pro-rated for mid-month cancellations. Mobile Verses will send you a text message confirming the cancellation. If you have any questions about cancellation please contact our customer service at support@mobileverses.com. Except as set forth above with respect to inadvertent charges, in the event that your account or subscription is terminated or canceled, Mobile Verses will not refund any fees.

Mobile Verses May Change or Suspend Services

Mobile Verses may, at its sole discretion, terminate or suspend the access to the Services or any portion thereof (such as a channel) of any user for any reason. Mobile Verses may also terminate or suspend any group or channel for any reason. Mobile Verses may impose a charge for certain services at its sole discretion in the future. Should Mobile Verses decide to charge for a feature or function that is presently free of charge from Mobile Verses, the user will be notified in advance and presented with an opportunity to opt-in.

Children's Online Privacy Protection Act Notice

Mobile Verses believes there is no information on its websites that is inappropriate for viewing by children. Ordering online products and services from Mobile Verses is limited to adults (ages 18+). However, if you are at least 13 years old but not yet 18 years old, you may use the Services if -- and only if --- you have your parents' or guardians' prior permission. No one under age 13 may use the Services under any circumstances. By using the site and/or purchasing any of the services and/or products herein, you are representing that you are at least 18, or that you are at least 13 years old and have your parents' permission to register hereon.

Privacy

Mobile Verses respects your privacy. A website visitor can choose to provide customer-specific information by ordering a product or service, sending us e-mail, registering on a company website, or entering surveys, contests, or sweepstakes. Any information provided by a website visitor is held strictly confidential within Mobile Verses or its authorized agent and will not be sold to any other organization or business, but will be shared as necessary with third-party suppliers, vendors, or agents whose services you use, or from when you make requests or purchases. This notice describes our privacy policy regarding on-line data collection.

By visiting our Site, you are accepting the practices described in this Privacy Policy and our Terms of Use. Personal information of all users is collected, used, and disclosed as described in this Privacy Policy.

TYPES OF INFORMATION COLLECTED

A. PERSONAL INFORMATION

To access certain services offered via the Site, Mobile Verses may require or request that you provide information that personally identifies you ("Personal Information"). Personal Information may include: (i) contact data such as your name, mailing and e-mail addresses, telephone or mobile telephone number ("Contact Data") or (ii) financial data such as your credit card or other account number and billing address ("Financial Data"). You may choose not to provide certain information, but in doing so you may not be able to take advantage of many of our features. If you communicate with us by e-mail or otherwise complete online forms, surveys, polls, or contest entries, any information provided in such communication may be collected as Personal Information.

B. CHANGES TO YOUR PERSONAL INFORMATION

You may change and/or update your personal information at any time by contacting us.

C. AUTOMATIC INFORMATION

Mobile Verses automatically tracks and collects the following information when you visit our Site, such as: (i) IP address; (ii) domain server; (iii) type of computer or handheld device; (iv) type of web browser; and (v) telecommunications carrier (collectively "Traffic Data"). Traffic Data is anonymous, and we use this information to better personalize the content and promotions that we send you in future mailings. A "referrer" is the information passed along by a Web browser that references the Web URL you linked from, and is automatically gathered by our Web server. This information is used to identify broad demographic trends that may be used to provide information tailored to your interests. You will not be personally identified from this information.

To help us make e-mails more useful and interesting, we may receive a confirmation when you open e-mail from us, if your computer supports such capabilities.

USER RESTRICTIONS

As the user, you are required to accept total responsibility for your behavior and conduct while using the Services provided on Mobile Verses.com. Common courtesy and mutual respect are necessary when communicating with other members of Mobile Verses. Because Mobile Verses hopes to promote a safe, fun and respectful atmosphere for our users, please read over the following list of what actions you agree to refrain from while using the Services:

  • Using the Services to transmit, route, provide connections to, or store any material that infringes copyrighted works or violates or promotes the violation of the intellectual property rights of any user or other entity, or using as group names or email addresses, terms which may violate the trademark rights of third parties.
  • Copying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code of, or modifying the Services in any manner.
  • Sending, posting, exchanging, sharing, promoting, or advertising harmful, obscene, defamatory, misleading, slanderous, harassing, abusive, threatening, offensive or unlawful material or material that violates anyone else's rights, including their right to privacy. Any group containing unlawful material or activity will be disbanded. Group owners are encouraged to boot any members from their groups who post harmful or harassing messages to the group. However, group owners are not responsible for what occurs in the personal messages of its members, only messages posted to the group as a whole.
  • Assuming the identity of any individual other than yourself. You may not impersonate another member, or a Mobile Verses staff member.
  • Distributing or sending unsolicited e-mail, text or voice messages, or "spam," "chain letters" or "pyramid schemes" or any other form of unauthorized solicitation, including promotions and/or advertising of products or services.
  • Uploading or transmitting materials through Mobileverses.com which: (i) restrict or inhibit any other users from using and enjoying the Services; (ii) contain a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or system; (iii) are intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of Mobileverses.com; (iv) monitor or copy content on Mobileverses.com by using any robot, spider, crawler or other automatic device or manual process, without our prior written permission; or (v) impose an unreasonable or disproportionately large load on Mobile Verses' infrastructure.

Without limitation, Mobile Verses reserves the right to remove any user from its system at any time, at its sole discretion. Without limitation, Mobile Verses reserves the right to terminate or reassign any group, at any time, at its sole discretion.

Commission of these or other illegal, fraudulent or deceptive acts may subject you to sanctions, including termination of your access to the Services, and possible civil or criminal liability. Mobile Verses has the right, but not the responsibility, to eliminate or remove any content or terminate any user groups that may violate these restrictions.

We reserve the right to edit, move, review or delete any of your content for any reason, and our Clients may do the same. We may preserve and disclose content or user information if required to do so by law or in the good-faith belief that doing so is necessary to: (i) comply with legal process; (ii) enforce these terms; (iii) respond to claims that any content violates the rights of third parties; (iv) protect the rights, property, or personal safety of Mobile Verses, any users of our Services or the public; or (v) administer the Services.

Use Conditions

Your use of the Site is subject to the following conditions:

  • You understand that all Materials and, where permitted, user generated materials or information ("User Content") that are transmitted via the Site or your cellular phone are the sole responsibility of the person or company from whom the Materials originated.
  • Where permitted, you will not distribute or otherwise publish through the Site User Content which is indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, or otherwise objectionable, or that would constitute or encourage a criminal offense, violates the rights of any party or violates any law.
  • User Content shall not contain viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
  • You may use the Site only for its intended purposes. Mobile Verses reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to such Materials or User Content, or other messages, information or files which Mobile Verses, in its sole discretion, deems objectionable. You are hereby notified that use of the Site constitutes consent to such actions, monitoring and auditing. Mobile Verses does not endorse any third party communications or User Content available through the Site or that you request be transmitted to your phone.

Use Restrictions

You may not (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained therein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (d) copy, reproduce, alter, modify, create derivative works, or publicly display any Materials from the Site without prior written permission from Mobile Verses or the appropriate third party, or as permitted by applicable law; (e) alter or modify the copyright notices and any other proprietary legends that appear on the Site or Materials purchased from Mobile Verses; or (f) access the Site by any means other than through the interface provided by Mobile Verses.

Submitting Materials and Feedback

By submitting any User Content, you automatically grant (or warrant that the owner of such rights has expressly granted) Mobile Verses a perpetual, fully-paid, royalty-free, irrevocable, world-wide, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, sell, transmit, transfer, distribute, publicly display and publicly perform such User Content or incorporate such User Content into any form, media or technology now known or later developed throughout the world. Mobile Verses shall have the right to further sublicense these rights to third parties. You warrant that all so-called "moral rights" in the User Content have been waived.

Use Charges

Neither Mobile Verses nor any of its affiliates shall have any liability to you for use charges related to any device that you use to access the Site or use and receive Mobile Verses' Materials, including, without limitation, charges for mobile telephones, Palm OS devices, Windows CE devices, smart phones and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.

License

In accordance with these Terms, we grant you a non-exclusive, non-transferable, terminable license to view and use the Site only for the purposes of downloading and/or purchasing information, text, data, software, sounds, photographs, audiovisual material, artwork, graphics, messages and other materials that are transmitted via the Site or your cellular phone (the "Materials"), in each case in accordance with these Terms. You do not have the right to separately copy or reproduce any Materials apart from your use of a web browser to access the Site or make a purchase. All Materials purchased through the Site must at all times bear any copyright, trademark, or other proprietary notice included in the Materials purchased. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site.

Ownership

Copyright and Trademark Notice: With the exception of Comments discussed above, anytime you publish through Mobile Verses, upload to and or distribute information through our Service, you are granting Mobile Verses the right to publicly display, copy, edit, delete and distribute such works. You agree to and hereby assign any rights you may have in user groups that you create or participate in, including the name, theme and content thereof. Mobile Verses may, at its sole discretion, and without compensation to any user, make user groups available for sponsorship and branding by Clients or other third parties.

Other than private text and e-mail messages, all of the content you see, hear or otherwise experience through the Services (the "Content"), including, for example, all of the page headers, images, illustrations, graphics, and text, are subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual property rights or licenses held by Mobile Verses or by third parties who may own them.

The Content and the Services as a whole are intended solely for the non-commercial use of authorized users. You may download, print and store selected portions of the Content, provided that you (i) only use copies of the Content for non-commercial purposes; and (ii) do not modify or alter the Content in any way, or delete or change any copyright, trademark or other proprietary notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. As between you and Mobile Verses, Mobile Verses shall retain all right, title and interest in and to the Content and Services, including all URLs. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without obtaining prior written permission from Mobile Verses. For permission to use our materials on the website for other purposes, please contact us. If you wish to use third-party materials appearing on the website, you must contact the copyright owner of such materials.

Agreement to Conduct Transactions Electronically

You agree that all of your transactions with or through the Site may, at our option, be conducted electronically. You also agree that we may provide all agreements, disclosures and notices electronically, including any that we are otherwise required to provide in "writing."

Your Representations and Warranties

You represent and warrant for the benefit of Mobile Verses, its affiliates and any third parties mentioned on the Site that: (a) you possess the legal right and ability to enter into and make the representations contained in these Terms; (b) all User Content submitted by you to the Site is true and accurate; (c) you will not use the Site for any purpose that is unlawful or prohibited by these Terms or applicable law; and (d) you possess all legal rights in and to the User Content which you post, upload or distribute through the Site.

No Warranties

The site, materials and products offered at the site, are provided to you "as is," "where is" and with "all faults." Mobile Verses makes no warranty of any kind, and hereby disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement; availability of the site or content; reliability, timeliness, currency, or usefulness of any information on the site; and any duties of reasonable care.

Limitation of Liability and Damages

To the fullest extent allowed by law, you agree that neither we, nor any of our affiliates or agents, will be liable to you and/or any other person for any indirect, consequential or incidental damages (including but not limited to loss of data) or any punitive damages whatsoever that arise out of or are related to the site, or the materials, or to any breach of these terms, even if we have been advised of the possibility of such damages. Total liability hereunder is limited to the amount, if any, actually paid by you for access and use the site or to purchase materials.

Linked Sites

Web links may appear on the Site that may be used to link to other websites. These links are provided as a courtesy to our Site visitors. Mobile Verses has no control over the linked websites or the materials, information, goods or services available or contained on these linked websites. Mobile Verses is not responsible for and does not endorse or warrant in any way any privacy or other practices of such websites or any materials, information, goods or services available through such linked websites. If you decide to access any of the linked websites, you do so entirely at your own risk. Mobile Verses reserves the right to terminate any link at any time.

Amendments; Complete Agreement

You agree that we may from time to time amend or add to these Terms ("Amendments"), including without limitation, Amendments that add registration fees or change payment methods or requirements. Notice of such Amendments will be posted on the Site and each such Amendment will be effective immediately after notice unless an earlier time is specified by Mobile Verses. Your use of the Site after the effective date of any Amendments shall be your consent to those Amendments and to these Terms as amended. If you do not want to be bound by an Amendment, you will need to terminate your registration, if any, and refrain from using the Site or Mobile Verses' products, services or content after that date. These Terms and any Amendments, your registration and any consents provided by you, the disclosures provided by us on the Site and in conjunction with Materials and User Content delivered or accessible via a mobile device, constitute the entire agreement between you and us and supersede any prior written or oral agreements between the parties.

No Waiver Severability

The failure of either party to enforce any provision of these Terms shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of these Terms. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.

Indemnity

You agree to indemnify, defend and hold harmless Mobile Verses, its employees, officers and directors, or Clients from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys' fees) arising from (i) any content that you or anyone using your account may submit, post or transmit to the website; (ii) your use of the Services; (iii) your violation of the terms of these Terms and Conditions; and (iv) any violation or failure by you to comply with all laws and regulations in connection with the Services.

General Notices

All notices required by or allowed under these Terms, including notices of problems and/or inaccuracies in the Site or Materials, should be sent to contact form. For non written communication, our customer service number is 866-244-3643.

Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to Mobile Verses or any of its officers, employees, agents or representatives, where such notice to Mobile Verses is required by contract, or any federal, state or local laws, rules or regulations.

Notice of Copyright Infringement

Mobile Verses has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Mobile Verses' Copyright Agent the following information required under 17 U.S.C. 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyright work claimed to have been infringed, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mobile Verses to locate the material;
  • Information reasonably sufficient to permit Mobile Verses to contact the complaining party, such as an e-mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Mobile Verses' Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:

Email

If Mobile Verses receives proper notification of infringement pursuant to the procedure set forth above, it will remove or disable access to the challenged material, as permitted by applicable law, and will take reasonable steps to notify the opposite party that the material has been removed on the basis of a copyright infringement allegation.

These Terms and Conditions May Change

Mobile Verses reserves the right to update or amend these Terms and Conditions at any time. The amended Terms and Conditions shall automatically be effective five (5) days after they are initially posted on the website. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms and Conditions as modified by the posted changes. For this reason, we encourage you to review these Terms and Conditions whenever you use the Services. The last date these Terms and Conditions were revised is set forth below.

April 18, 2008

Available on all Major U.S. Wireless Carriers