www.SMS-ROSTER.com
Rosters Made Easy By SMS
Terms & Conditions

PLEASE READ CAREFULLY

END-USER SERVICES AND LICENSE AGREEMENT

Solstice Control Systems Ltd T/A SMS-Solstice.com (the "SMS-Solstice®") includes all Sub Domains of Solstice Control Systems Ltd not mention here. (i.e. SMS-Roster, SMS-MyDairy, SMS-Enabler, SMS-Webtext, SassyToll)

SMS-Solstice® Software (the "Software") includes all software developed and under development of Solstice Control Systems Ltd.

SMS-Solstice® Services (the "Services") includes all services provided and to be provided by Solstice Control Systems Ltd.

SMS-SOLSTICE® is willing to license to you a proprietary software program in object code form (the "Software") only upon the condition that you accept all of the terms of this Agreement. In the event you do not agree with any of these terms or conditions, do not install the Software or access SMS-SOLSTICE® services (the "Services").

Please read carefully the terms and conditions of the Agreement below before installing any Software or accessing services. By installing, copying or otherwise using the Software or accessing the services, you agree to be bound by the terms and conditions of this Agreement. The Software contains some or all of the following: (a) "Server Software" that provides services on the server and (b) "Client Software" that allows a personal computer to access or utilize services provided by the Server Software.

UNDER NO CIRCUMSTANCES WILL SMS-SOLSTICE® BE LIABLE FOR DATA, WHICH WAS NEVER SENT TO THE SMS-SOLSTICE® SERVERS BY THE SOFTWARE. YOU ARE ADVISED TO CHECK THE DELIVERY REPORTS TABLES TO ENSURE THE DESIRED FILES HAVE BEEN TRANSMITTED.

SMS-SOLSTICE® owns the Software. Under the terms of this Agreement, you receive only a limited right to use the Software. Pursuant to this Agreement, SMS-SOLSTICE® grants to you the non-exclusive right to: (a) use the Client Software on any personal computer, as long as it is used in conjunction with the SMS-SOLSTICE® services ("Services") and after registering each such personal computer for said Services; (b) use the Server Software on a single server to provide the Services for internal use only after registering the Server with SMS-SOLSTICE®; (c) copy the Software into any computer for back-up purposes in support of your use of the Software and Services, after successfully registering for said Services; and (d) transfer the programs and license to another party as provided herein if the other party agrees in writing to accept the terms and conditions of this Agreement. Any other use is strictly prohibited. You may not use, copy, modify or transfer the Software or any copy, in whole or in part, except as expressly provided in this Agreement. You agree not to make any attempt to de-compile, disassemble or reverse engineer the Software or otherwise discover or derive the source code or underlying processes, ideas, structure, organization or algorithms of the Software.

If you transfer the programs to another party, you must at the same time either transfer all copies whether in printed or computer readable form to the same party or destroy any copies not transferred, including all modifications and portions of the programs contained or merged into other programs. At the same time, you must transfer the ownership of the Services associated with the transferred Software. You must also comply with all applicable export laws. Any other attempt to transfer the Software or Services is void.

COPYRIGHT

All intellectual property rights in the Software and user documentation are owned by SMS-SOLSTICE® and as applicable its suppliers and are protected by United States and EU copyright laws, other applicable laws and international treaty provisions. SMS-SOLSTICE® and its suppliers retain all rights not expressly granted pursuant to this agreement.

TERM

The license is effective for the period of time for which you have prepaid Solstice Control Systems Ltd, unless sooner rejected or terminated. You may reject or terminate the license at any time by destroying the Software together with all copies in any form and by cancelling the associated Services. The license will terminate if you fail to pay the fee set forth by SMS-SOLSTICE® for the Services associated with the Software, within 30 days of the due date. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the programs together with all copies, in any form. All of your data will be deleted from SMS-SOLSTICE® servers 60 days after the termination of this agreement.

LIMITED WARRANTY AND REMEDIES

SMS-SOLSTICE® warrants that the Software and Services will perform substantially in accordance with the accompanying help file. SMS-SOLSTICE® undertakes to implement reasonable precautions to ensure that all data received to their servers are protected and available for retrieval by you as per the described service. This Limited Warranty is void if failure of the Software or Services has resulted from an accident, abuse, misapplication, or modification of the Software or Services. Except as expressly set forth above, SMS-SOLSTICE® shall have no liability for the software or any services provided, including any liability for negligence. SMS-SOLSTICE® makes and you receive no other warranties, either express or implied, are made with respect to the software or services, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, and SMS-SOLSTICE® expressly disclaims all warranties not stated herein. SMS-SOLSTICE® entire liability and your exclusive remedy shall be limited to the return of the fees paid by you for the software and services should the software or services not meet this limited warranty. In no event will SMS-SOLSTICE® be liable to you or any other person for any damages, including any incidental or consequential damages, expenses, lost profits, lost savings, or other damages arising out of use of or inability to use such software and services, even if SMS-SOLSTICE® has been advised of the possibility of such potential loss or damage.

No bailment or similar obligation is created between the Subscriber and SMS-SOLSTICE® with respect to the Subscriber's stored encrypted data.

The Subscriber is solely responsible for maintaining the confidentiality of Passwords, including restricting the use of the Password by anyone other than the Subscriber.

The Subscriber shall be responsible for all use of the Service accessed through the Subscriber's Password.

SMS-SOLSTICE® shall not have any responsibility or obligation to the Subscriber or any other Users of the Service to monitor supervise or oversee the contents of encrypted files stored on the Service.

USE OF THE FREE SMS SERVICE

You are limited to the maximum of 5 SMS (texts) with the maximum of 470 characters per transaction of use of the Free SMS Services. SMS-SOLSTICE® can at anytime disable/delete this service without prior notice.

SMS-SOLSTICE® makes no guarantee that any data sent using the Free Service will be processed or delivered in any form.

SMS-SOLSTICE® shall have no liability for failed delivery of Free SMS Service, failure to provide this service, data sent using this service.

The Subscriber shall be responsible for all use of the Service accessed through the Subscriber's Password.

USE OF THE SMS-SOLSTICE® SMS Services (Quit Smoke, Love SMS etc)

The End User is the person(s) of who receive this SMS service to their Mobile Phone Device.

You accept that should the End User, including yourself , of the SMS Service Programs Rejects, Cancels or are unable to received the requested Service SMS, you will still be charge the full price of this service.

SMS-SOLSTICE® will only credit you the total amount paid by you, for this service, should there be a system failure on our side of which causes the failure of this service. Under no other circumstances will a credit be applied to your account.

You declare that you have full written permission from the End User (if not yourself) to send this service to the End User.

You accept that the End User of this service, if not yourself, has the right to cancel this service without your approval, knowledge and without having to contact you.

You accept that you will not be informed of such cancellation and any requests made to SMS-SOLSTICE® with reference to such cancellation will not be answered.

You accept that the End User, if not yourself, has the right to report your request of this service to any Authorises governing the provision of this type service.

You accept that the End User, if not yourself, can request all your person details, such as name, contact details, Address, IP location, Phone Company, stored by SMS-SOLSTICE® and use such information for the sole and only purpose of pursuing you for any damages, labile actions, disclosures of their information and all other legal actions, not listed here, in conjunction with this service.

You accept that there is no guarantee that this program will work. You and the End User are advised to seek professional advice about quitting smoking.

SMS-SOLSTICE® makes and you and the End User receive no warranties, either express or implied, with respect to this service.

You bear full reasonability of any action taken by the End User.

Ask A Friend To Join Program, And Afflilate Program

5 Free Personal Credits will be issued to your account once your Friend has successfully joined and Confirm their phone number.

5 Free Personal Credits will only be issued on unique new users joining SMS-SOLSTICE® for the first time.

SMS-SOLSTICE® may cancel this service at anytime without prior notice.

The Maximum 50 Credits per day can be issued. If you believe you can bring more than ten new, unique users to SassyToll then contact Support of who may release this restriction.

Fraudulent signs up in any form will result in all free credits been removed from your account, paid credits will not be affected.

You agreed NOT to engage any system of which is Spam or is considered to be Spam.

You agreed NOT to place your Affiliate Link on any Online service, for example, blogs websites etc of which are deemed to an Adult Online service of which the end user is required to be over 18 years of age, these websites include but not limited to, Adult, Porn, Violence, Terror, Spam, Death, Misleading, Pinching.

SMS-SOLSTICE® reserves the right to cancel your Affiliate link at anytime for any reason it feels fit, to protect the users/staff of SMS-SOLSTICE® service, and remove some/all free Personal Credits gained by you. You have the right to appeal this decision by contacting support. SMS-SOLSTICE® will make all final decisions in these appeals.

No Cash alternative is offered.

YOUR COVENANTS

During the term of this Agreement you will not use the Services for information, data or material that (a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation (including but not limited to the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising); (c) is defamatory, trade libellous, unlawfully threatening, or unlawfully harassing; (d) is obscene, pornographic or indecent in violation of applicable law; (e) contains any virus or other programming routine intended to damage any system or data; or (f) is provided in breach of any prior contractual commitment to any third party.

GENERAL

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland, and the parties hereby submit to the exclusive jurisdiction of the Irish courts to settle any disputes which may arise in connection with these terms and conditions.

Revision: 05 November 2010

 



 
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