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TERMS OF SERVICE |
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1. The Customer acknowledges that he has read and accepts the terms of this contract. Use of the Service by the Customer shall be deemed acceptance of the terms of this contract. Klugher.com reserves the right to vary these terms and conditions from time to time. Such changes shall be notified to the Customer by posting on the Klugher.com's Website. Changes in this manner shall be deemed to have been accepted if the Customer continues to use the Service after a period of two weeks from the date of posting on the Website. |
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2. Any illegal use of the Klugher.com SMS service is prohibited, including the sending of messages containing sexual, racist, hatred or discriminatory content and such usage as maybe considered to represent harassment to an individual or an organisation. |
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3. The Customer is responsible for careful use and storage of the username and password. The Customer agrees that all website activities which can be traced to his username and password are deemed as having been performed by himself and are legally binding for him. The Customer agrees to notify Klugher.com immediately of any unauthorized use of its account or any other breach of security. |
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4. The Customer accepts responsibility for his message content, in accordance with generally applicable laws. As such, Klugher.com does not assume any liability for content of messages sent. The Customer exempts Klugher.com from any claim that may arise from third parties as a result of message content. The Customer is to be held solely responsible. Klugher.com reserves the right to exclude the Customer from using this service. |
5. By way of example, and not as a limitation, the Customer agrees not to:
- Use the service in connection with chain letters, junk email, junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Create a false identity or forged email or mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
- Transmit through the service, associate with the service or publishing with the service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
- Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
- Libel, defame or slander any person, or infringe upon any person's privacy rights;
- Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- Interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorised access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means;
- Interfere with another Customer’s use and enjoyment of the service or another entity's use and enjoyment of similar services; or
- Engage in any other activity that Klugher.com believes could subject it to criminal liability or civil penalty or judgment. |
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6. The Customer acknowledges that Klugher.com delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery resp. transmission of SMS messages within the technical constraints imposed by the abovementioned providers. SMS messages submitted via Klugher.com will be transferred to the addressed mobile recipients within seconds to minutes, provided that the recipient's phone is switched on and located in an area covered by his subscribed mobile network provider. The Customer acknowledges that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully, particularly if the provider does not support SMS delivery at all. |
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7. Klugher.com neither claims nor guarantees either availability or performance of this service. While Klugher.com makes every effort to deliver the message promptly, Klugher.com accepts no liability for transmission delays or message failures. For example, the sender ID that may be sent as part of mobile text messages is not a guaranteed feature and may not be sent without any notification, or even result in a non-refundable delivery error. |
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8. Klugher.com debits transmitted SMS messages from the Customer's account according to its transmission logs. These logs are deemed correct and valid even if the Customer has objected against the correctness of the accounting records, but Klugher.com's investigations have not produced evidence of a technical problem or error. The SMS pricing scheme is published on the web site. Because Klugher.com cannot guarantee delivery of the SMS messages to recipients due to possible errors and outages on the part of mobile network providers, Klugher.com does not refund undeliverable SMS messages. |
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9. The Klugher.com account balance is non-refundable and does not bear interest. If the account has been inactive for 12 months or more, any existing account balance will be reset to zero without prior notice. |
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10. In accordance with the legal requirements, usage data is recorded for the necessary purposes of maintaining the messaging service. In accordance with the principles of data reporting, the usage data will be deleted again as soon as possible. |
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11. Klugher.com reserves the right to discontinue the service or modify the Terms of Service without prior notice. |
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12. The Customer uses this service entirely at his own risks. |
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13. All purchases are final. No refund will take place. |
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14. Unused and inactive accounts (defined as accounts for which no login or message transmission has been registered for a period of 1 year or more, or accounts for which no valid contact email address exists) may be removed without notice. Any existing credits on the account become non-refundable and expired. |
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15. Klugher.com grants the Customer an individual, personal, non-sub licensable, non-exclusive and non-transferable license ('the License') to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with the Klugher.com's Terms of Service. The Customer will not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/ application; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to Klugher.com products and/or services. As between the parties, the Customer acknowledges that Klugher.com, and its licensors retain ownership of all propriety applications, software, intellectual property 'IP' (Intellectual Property) and any portions or copies thereof, and all rights therein. Upon termination of this service agreement for any reason, this License will terminate and the Customer shall destroy and cease to use all software and applications. THE SOFTWARE IS PROVIDED AND APPLICATIONS ARE OFFERED, 'AS IS' AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT AND SUBJECT TO TESTING BY THE CUSTOMER PRIOR TO ENTERING INTO THIS AGREEMENT. |
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16. These terms & conditions are governed by and construed in accordance with the laws of Luxemburg and the Customer hereby submits to the exclusive jurisdiction of the courts of Luxemburg. |
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17. THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE, ARE PROVIDED 'AS IS' AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, KLUGHER.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE. IN NO EVENT SHALL KLUGHER.COM OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THIS WEB SITE OR THE SERVICES, EVEN IF KLUGHER.COM HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. |
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