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Modern Message Terms of Service

Last Modified: December 31, 2019

1.     Acceptance of the Modern Message Terms of Service.

Welcome to Modern Message. Please read these Modern Message Terms of Service (“Modern Message Terms of Service”) carefully because they are a binding agreement between you and Modern Message Inc. (“Modern Message,” “we,” “us,” or “our”) regarding your use of the websites located at modernmsg.com, modernmessage.com, and, communityrewards.me (the “Site(s)”).

Please read these Modern Message Terms of Service carefully before you start to use the Site. You agree to these Modern Message Terms of Service and to the Modern Message Privacy Policy (Privacy Policy”) by using or logging into the Site. If you do not want to agree to these Modern Message Terms of Service or the Privacy Policy, you must not access or use the Site.

This Site is offered to users who are 16 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Modern Message and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

‌2.     Changes to the Modern Message Terms of Service.

We may revise and update these Modern Message Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Modern Message Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3.     Accessing the Site.

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site.

4.     Modern Message Services

To access Modern Message’s services, you are required to create an account and specify a password in order to use certain services or features made available by Modern Message. You understand that any terms, offers, or other provisions provided through your account via the Sites and Application constitute additional Terms that you must comply with in order to continue to use the Site and which are incorporated herein by reference.

5.     Intellectual Property Rights.

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Modern Message, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not use Modern Message intellectual property without the prior written permission of Modern Message.

These Modern Message Terms of Service permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site. You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Modern Message Terms of Service, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Modern Message. Any use of the Site not expressly permitted by these Modern Message Terms of Service is a breach of these Modern Message Terms of Service and may violate copyright, trademark, and other laws.

6.     Prohibited Uses.

You may use the Site only for lawful purposes and in accordance with these Modern Message Terms of Service. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate Modern Message, a Modern Message employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Modern Message or users of the Site or expose them to liability.
  • For any commercial purposes.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.
7.     Information About You and Your Visits to the Site.

All information we collect on this Site is subject to the Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

8.     Links from the Site.

If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. ‌

9.     Geographic Restrictions.

The owner of the Site is based in the state of Texas in the United States and provided for access and use only by persons located in the United States or Canada. You acknowledge that you may not be able to access all or some of the Site outside of the United States or Canada and that access thereto may not be legal by certain persons or in certain countries. If you access the Site from outside the United States or Canada, you are responsible for compliance with local laws.

10.     Disclaimer of Warranties.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MODERN MESSAGE NOR ANY PERSON ASSOCIATED WITH MODERN MESSAGE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER MODERN MESSAGE NOR ANYONE ASSOCIATED WITH MODERN MESSAGE REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, MODERN MESSAGE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11.     Limitation on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MODERN MESSAGE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12.     Indemnification 

You agree to indemnify, defend, and hold harmless Modern Message and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Site or your breach of these Modern Message Terms of Service.

13.     User Conduct and Submissions

Subject to the license granted, video, writing, comments, remarks, ideas, graphics, photographs, or other information (collectively, “User Content”) communicated, uploaded or posted to any Modern Message platform belongs to the person who posted such content. You may use any User Content posted by you in any way without restriction. You may only use User Content posted by others in the ways described in this Agreement.

When you upload, communicate or submit User Content to us, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully-sublicensable license to publish and use your User Content. This right will continue even after you stop using the services. In addition to the right to publish, you also grant us under said license the following rights, without limitation: (i) the right to reproduce or copy or create derivative works thereof; (ii) the right to transfer, deliver, license, and sell the User Content, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, develop, translate the User Content, in all or in part; and (iv) the right to use or incorporate all or any part of the User Content in any of our products or services. By posting User Content you hereby waive any and all rights to be compensated by Modern Message for such User Content.

The submission of your User Content to the Services is entirely voluntary, non-confidential, gratuitous, and non-committal. You acknowledge that you have read, understand, and agree to the terms enumerated below, and you further agree that these terms shall apply to any additional material previously or later submitted:

  1. The User Content represents your own original work. You have all necessary rights to submit the User Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by our use of the User Content.
  2. You hereby irrevocably release and forever discharge the Modern Message and our affiliates, subsidiaries, and business partners (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall, or may have against the Released Parties or their respecting successors and assigns with respect to the User Content, including without limitation in respect of how the Modern Message and its affiliates and subsidiaries, directly or indirectly, use the User Content.
  3. You agree that if you submit any User Content to Modern Message, such User Content shall not violate the following “Content Guidelines.” User Content must not:
  • Knowingly violate or infringe any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
  • Contain material or act in any way that is inappropriate, indecent, obscene, pornographic, hateful, tortious, defamatory, slanderous or libelous;
  • Contain materials or act in any way that is unlawful, in violation of or contrary to the laws or regulations of the United States or any jurisdiction where User Content is created or distributed;
  • Contain information or act in any way known by User to be false, inaccurate or misleading;
  • Contain content or act in any way that is, or may be reasonably considered to be, hate speech, or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and/or
  • Disparage Modern Message or any other person or party.
  • Contain any statement that may violate the Fair Housing Act.

If any User Content violates these guidelines, or other guidelines as may be provided by Modern Message, as determined by Modern Message in its sole discretion, you shall immediately remove such User Content upon request from Modern Message. Notwithstanding any other action available for Modern Message, Modern Message shall have the right to immediately terminate this agreement at Modern Message’s sole discretion for violations of the Content Guidelines. 

14.     Copyright Notices.

Modern Message complies with the Digital Millennium Copyright Act (DMCA). We will remove infringing materials in accordance with the DMCA if properly notified that User Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Modern Message’s Copyright Agent by email at communityrewards@modernmsg.com or by mail to 750 North Saint Paul St. #1230, Dallas, Texas 75201. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Copyright Agent. Your email must contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services, sufficient for us to locate the material; your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability. In accordance with the Digital Millennium Copyright Act, Modern Message has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. We also may terminate User accounts even based on a single infringement.

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Dallas County, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Modern Message’s sole discretion.

15.     Reward Points. 

As a part of the services provided through the Site, certain account holders shall have the opportunity to acquire reward points that are redeemable under the terms of the specific service offerings as described on the Site. The specifics of the reward points are contained in the Community Rewards Terms of Service. As a disclosure to users of the Site, reward points are not owned or earned and no one shall have any legal right to any points in their accounts until such points are redeemed for rewards.

Up until redemption, points may be forfeited upon the event of (a) breach of these Terms, the Community Reward Terms of Service, the Privacy Policy, or any offering language associated with the Services; or (b) according to the terms of the Community Rewards Terms of Service.

16.     Governing Law.

These Modern Message Terms of Service are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Unless provided otherwise in connection with the Arbitration provisions of these Modern Message Terms of Service, any legal suit, action, or proceeding arising out of or related to these Modern Message Terms of Service or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Dallas County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

17.     Waiver.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

18.     Severability.

If any provision of these Modern Message Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Modern Message Terms of Service will continue in full force and effect.

19.     Your Comments and Concerns.

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to communityrewards@modernmsg.com.

Modern Message Terms of Service Effective January 1, 2020