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Privacy Policy Sgt Scripts Terms of Use Sgt Scripts TERMS AND CONDITIONS Registration Use of the Service, including sending content to mobile phones, requires that users provide certain data, entered in forms on the Service, in registration pages, or otherwise ("Data"). In consideration of use of the Service, in providing Data, you represent and warrant that the information is true, accurate, current, and complete (apart from optional items). Passwords and User IDs You are responsible for maintaining the confidentiality of any password and user ID issued to you, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify Sgt Scripts of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sgt Scripts cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. Privacy Your privacy is important to Sgt Scripts . For information regarding Sgt Scripts 's use of information collected in connection with the Service, please see Sgt Scripts 's Privacy Policy which may be found at http://www.Sgt Scripts /privacy.php Fees and Payments You shall be responsible to pay all fees and charges incurred through your account, including, but not limited to, subscription charges and charges for any products or services offered for sale through the Service by Sgt Scripts or by any vendor or service provider. At its sole discretion, Sgt Scripts reserves the right at any time to offer subscriptions to the Service at a discount or to provide premiums and promotions as a subscription incentive. All fees and charges shall be charged to the credit card provided as part of the registration process and you agree to pay such charges. You shall also pay any applicable taxes relating to use of the Service through your account. If you have downloaded personal files In any other case, refunds will always be prorated a minimum of $2.99 to pay for transaction costs. If you have any questions or concerns regarding a charge to your credit card bill or questions regarding the security of using your credit card with Sgt Scripts 's Service, please contact Sgt Scripts (please see the Contact Information paragraph). Prohibited Conduct a. You agree that you will not use the Service to upload, post, email, otherwise transmit, or post links to any Content, except for Licensed Ringtones, that: you do not have the legal rights to (either by ownership or by having a valid license); violates or misappropriates any intellectual property right, including copyright, trademark, trade secret, and patent rights; is illegal under applicable law or regulation or promotes illegal activity; or violates any contractual, employment, or fiduciary relationship (including obligations to keep information confidential) you are subject to. b. You agree not to use the Service in a manner which is abusive or harassing to any other user. c. You agree not to collect or store personally identifying information about other users for commercial or unlawful purposes. d. You agree not to impersonate any person or entity, including, but not limited to, a Sgt Scripts official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to employ misleading email addresses or mobile numbers or falsify information in the header, footer, return path, or any part of any communication. e. You agree not to engage in any activity which may compromise the stability or availability of the Service or use the Service to compromise the availability or stability of any third party site or service. f. You agree not to use the Service for any unsolicited advertising or promotions. g. You agree not to upload, post, email, otherwise transmit, or post links to any Content that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Service or any third party software, site, equipment or service. h. You may not use automated means, including spiders, robots, crawlers, or the like to download data from any Service database. i. You may not circumvent any security measures or any payment collections methods employed on the Service, or access the Service after your account or access has been terminated by Sgt Scripts . j. You may not decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Service. Objectionable Materials You agree not to upload or post Content containing nudity or any other material that may be considered "adult", obscene, indecent, objectionable or offensive. If you do post such Content, you agree to take responsibility for any damages arising from your inclusion of such Content. In addition, if you post such Content, you acknowledge and agree that Sgt Scripts , at its sole discretion, may disable your uploading or posting privileges and/or terminate your subscription and account. Notwithstanding the previous sentence, you shall remain responsible for such Content and acknowledge and agree that you shall indemnify and hold harmless Sgt Scripts from any and all damages or losses resulting from your posting of such Content. Because Sgt Scripts 's website contains User-Contributed Content, you acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances shall Sgt Scripts be liable in any way for the use of such Content, including, but not limited to, any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Service. Responsibility for Minors Be aware that while the Service is intended for general audiences, because Sgt Scripts 's website contains User-Contributed Content, objectionable material may appear on the Service from time to time. Individuals who are under the age of 18 or who are otherwise prohibited by law to access such Content may not access, view or download such Content. Disclosure You expressly acknowledge and agree that Sgt Scripts 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 this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Sgt Scripts , its users and the public. You acknowledge and agree 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. Your Representations, Warranties and Indemnities You represent and warrant that (a) all Content, except for Licensed Ringtones, is either an original work, created by you, a "Work Made for Hire" (as to Licensed Ringtones) or licensed to you under a valid license granting you sufficient rights to use the Content on the Service, and (b) your use of the Service does not infringe any third party intellectual property, proprietary, or other rights. PLEASE BE ADVISED THAT THE UNAUTHORIZED REPRODUCTION, DISTRIBUTION, PUBLIC DISPLAY, PUBLIC PERFORMANCE, OR CREATION OF DERIVATIVE WORKS FROM COPYRIGHTED WORKS WITHOUT LICENSE IS A VIOLATION OF THIS AGREEMENT AND IS STRICTLY PROHIBITED. By using the Service you agree to indemnify Sgt Scripts , Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from (a) your use of the Service, (b) or your submission of ideas and/or related materials to the Service, (c) from any person's use of any account or password you maintain with the Service regardless of whether such use is authorized by you, and (d) any breach of this Agreement. Release By using the Service, you are hereby agreeing to release Sgt Scripts and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Service or to any disputes regarding use of materials submitted to the Service. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Disclaimer of Warranties THE SERVICE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Sgt Scripts DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Sgt Scripts DISCLAIMS ANY WARRANTIES FOR INFORMATION, DATA, CONTENT, SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SERVICE ("MATERIALS"). YOU EXPRESSLY UNDERSTAND AND AGREE THAT Sgt Scripts DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF THE MATERIALS. Sgt Scripts DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY MATERIALS. Sgt Scripts DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY MATERIALS, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. Sgt Scripts MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MATERIALS PAGES OR ANY STORAGE OF MATERIALS OFFERED BY Sgt Scripts . YOU UNDERSTAND AND AGREE THAT ANY MATERIALS 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 DAMAGES TO YOUR COMPUTER SYSTEM, NETWORK, AND EQUIPMENT AS WELL AS ANY LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you to the extent they are prohibited by law. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL Sgt Scripts OR ITS LICENSORS BE LIABLE TO ANY USER (INCLUDING YOU) OR THIRD PARTY ON ACCOUNT OF THAT USER'S USE OR MISUSE OF, OR RELIANCE ON, THE SERVICE OR MATERIALS. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Sgt Scripts OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) AND SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Sgt Scripts 'S ENTIRE LIABILITY FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (EXCEPT TO THE EXTENT PROHIBITED BY LAW), SHALL NOT EXCEED THE GREATER OF $500 OR THE AMOUNTS RECEIVED FROM THE INDIVIDUAL USER IN THE PRECEDING 12 MONTHS. UNDER NO CIRCUMSTANCES SHALL Sgt Scripts 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. In some jurisdictions, certain limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. No Implied License; Intellectual Property Except as expressly permitted in this Agreement, nothing within the Service shall be construed as conferring any license under any intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of Sgt Scripts and its affiliates, licensors, and service providers, as well as other Sgt Scripts users. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Sgt Scripts in connection with the Service. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Sgt Scripts . You agree not to use any of the trademarks or service marks or other Content accessible through the Service for any purpose other than the purpose for which such Content is made available to users by Sgt Scripts . You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Sgt Scripts Service or any software or programs used in connection with the Service. Limitation of Actions You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Service or the inclusion of any Content in the Service must be filed within one (1) year after such claim or cause of action arises, or forever be barred. Governing Law and Forum for Disputes All legal issues arising from or related to the use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Indiana applicable to contracts entered into and wholly to be performed within said state. Changes in Service Sgt Scripts reserves the right to modify the Service from time to time, for any reason, and without notice, including the right to terminate the Service. Integration This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Sgt Scripts and you with respect to the subject matter hereof. Non-Waiver and Severability Sgt Scripts's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a tribunal of competent jurisdiction holds any provision of this Agreement to be invalid, the parties nevertheless agree that the tribunal should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of this Agreement remain in full force and effect. No Assignment You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under this Agreement without prior express written authorization of Sgt Scripts . Successors and Assigns Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. Termination and Survival This Agreement shall continue in effect for as long as you use the Service, unless specifically terminated earlier by Sgt Scripts . All provisions of this Agreement which impose obligations continuing in their nature shall survive termination of this Agreement. Communications with Users You agree that you may receive notices from Sgt Scripts by any of the following methods: by email, SMS or other message to your mobile number, by postal mail, or by notice posted on the Service. Sgt Scripts reserves the right to communicate with you regarding your use of the Service. Export Control Certain software, and related documentation or technical information, available through the Service is subject to applicable laws and regulations of the United States pertaining to export controls. By using or downloading such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions. Copyright Infringement Notices It is Sgt Scripts 's policy to respond expeditiously to claims of intellectual property infringement. Sgt Scripts will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Please read this section carefully if you are submitting notice of alleged infringement by a user. Upon receipt of notices complying or substantially complying with the DMCA, Sgt Scripts will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Sgt Scripts will terminate access for subscribers and account holders who are repeat infringers. Violations of Agreement Should you violate this Agreement or any other rights of Sgt Scripts , Sgt Scripts reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on the Service. I agree to the terms above
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