1. Acceptance of Terms and Conditions of Use . This Agreement is effective August 1, 2007. Your membership in and use of the TalismanLBS mobile alert service ("Mobile Alert Service") signifies your agreement to the terms and conditions of use set forth below in this Agreement, and constitutes your express invitation or permission for messages to be sent to your mobile handset. By signing up for this Mobile Alert Service, you are inquiring about or applying for information or advertisements regarding products or services being offered by the Mobile Alert Service. To use the Mobile Alert Service, you must have an ability to receive text messages on your mobile handset.
TalismanLBS, LLC, is a technology company focused on the development of artificially intelligent and automated database tracking and delivery systems. These systems utilize Location Based Services (LBS) enabling advertisers, marketers, governments, schools and organizations to distribute broadband multimedia content automatically through regional and international mobile carrier networks to their customers or members. Talisman's ultimate mission is to change the way mobile phones are used today by unleashing their true potential of becoming the new "Talisman" each of us carries in the information global community. By delivering Safety and Value content from the community via artificially intelligent and member-controlled systems, they ensure "Protection and Good Fortune" while protecting the privacy each of us desire.
To use the Mobile Alert Service you will be directed to register with TalismanLBS to create a user account or otherwise provide TalismanLBS with certain information about yourself. By submitting your information to TalismanLBS, you grant TalismanLBS a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in a manner consistent with TalismanLBS’s Privacy Policy. As part of the registration process, you will be asked to submit your name, cellular telephone number, email address, wireless service carrier, zip code and a password. You agree that all information you provide to TalismanLBS for purposes of creating an account (“Registration Information”) will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of this Agreement and may result in the immediate termination of your account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete, (ii) maintain the confidentiality of your password, and (iii) properly exit from your account at the end of each session. You shall not (a) select or use an email address or telephone number of another person with the intent to impersonate or harass that person, or send that person unwanted messages, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or password that is profane, offensive or otherwise inappropriate, or (d) allow any other party to use your account and/or password. You agree to immediately notify TalismanLBS of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any account created for your use, even if you did not commit such activities. TalismanLBS is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
2. Service Description . Talisman LBS is a developer of intelligent mobile delivery systems. Our suite of tools and solutions are based on mobile messaging services supporting various businesses, organizations, schools, and advertisers and marketers interested in mobile campaign services.
3. Pricing . Talisman LBS provides both standard alert messaging services with no charge to Talisman LBS mobile members and premium SMS services. Premium messages are offered by subscriber-based alerts, one-off alerts, mobile downloadable content services (such as wallpapers), and interactive messaging (such as quiz, questionnaire, polling and voting services). Msg & data rates may apply.
4. Opt In/Out Info . Members can opt-in by checking on available services through his/her account on Talisman LBS website. Members can opt-out at any give time by texting “STOP ALL SMS” to the short code. Members can also opt-out by deactivating his/her account through the Talisman LBS website.
5. Frequency of Program Service . Members will receive messages periodically based on the type and group of services to which each Member opts-in.
6. Carriers Currently Supported . Talisman LBS is currently supporting most major carriers like Alltel, AT&T, Boost Mobile, Cellular One, Cincinnati Bell,Cricket Nextel, Sprint, T-Mobile, US Cellular, Verizon Wireless, Virgin in U.S. and many international carriers from countries in Asia like Japan, China etc. Talisman LBS reserves the right to stop supporting any wireless carrier at its sole discretion.
7. Intellectual Property Rights . All trademarks, service marks, names, logos, video, or photographs (“Marks”) delivered via the Mobile Alert Service are either owned by or licensed to TalismanLBS, or the party credited as the provider of the content of the mobile alert. Your use of the Mobile Alert Service does not allow you to infringe on TalismanLBS’ rights in its Marks or the rights of third parties that may exist in material contained in the mobile alerts.
8. Changes To Terms and Conditions . TalismanLBS reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be sent to you via the Mobile Alert Service if you so choose. You agree to periodically review this Agreement for any changes, especially if you do not choose to be notified of any changes to this Agreement. Your continued usage of the Mobile Alert Service will mean you accept those changes.
We also may change, suspend or discontinue any aspect of the Mobile Alert Service at any time. TalismanLBS may also impose limits on certain features and services or restrict your access to parts or all of the Mobile Alert Service without notice or liability. We reserve the right to make changes, corrections, and improvements to the Mobile Alert Service, at any time without notice.
9. No Warranties . YOU EXPRESSLY AGREE THAT USE OF THE MOBILE ALERT SERVICE IS AT YOUR OWN RISK. YOUR USE OF THE MOBILE ALERT SERVICE ACKNOWLEDGES YOUR AGREEMENT AND UNDERSTANDING THAT THE CONTENT TRANSMITTED BY THE MOBILE ALERT SERVICE HAS BEEN PROVIDED BY OTHER PARTIES. AS A RESULT, YOU MAY BE EXPOSED TO CONTENT OR MATERIAL FROM A VARIETY OF SOURCES. TALISMANLBS IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT OR MATERIAL. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT OR MATERIAL THAT MAY BE INACCURATE OR OBJECTIONABLE, THAT YOUR USE OF THE MOBILE ALERT SERVICE WILL BE AT YOUR OWN RISK, AND THAT YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST TALISMANLBS WITH RESPECT THERETO. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TALISMANLBS AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT TRANSMITTED BY THE MOBILE ALERT SERVICE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE MOBILE ALERT SERVICE OR ANY LINKED SITE. FURTHER, TALISMANLBS DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TALISMANLBS DOES NOT WARRANT THAT THE MOBILE ALERT SERVICE OR ANY MATERIALS OR CONTENT TRANSMITTED THEREBY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MOBILE ALERT SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TALISMANLBS SHALL NOT BE LIABLE FOR THE USE OF THE MOBILE ALERT SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TALISMANLBS SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
10. Indemnification . You hereby agree to indemnify, defend and hold TalismanLBS, and all its officers, directors, owners, managers, members, agents, employees, information providers, affiliates, licensors and licensees and the assigns of the same (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You agree you will cooperate as fully as reasonably required in the defense of any claim. TalismanLBS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of TalismanLBS.
11. Governing Law and Jurisdiction . THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF HAWAII, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF HAWAII.
12. Miscellaneous . This Agreement constitutes the entire agreement between TalismanLBS and you with respect to your use of the Mobile Alert Service. If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. TalismanLBS’s failure to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
13. Contact Information . We respect the rights of all copyright holders and in this regard, TalismanLBS has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of subscribers and account holders who infringe upon the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TalismanLBS’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):
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, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
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 us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
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.
TalismanLBS's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent
Attn: TalismanLBS
1000 Bishop Street, Suite 808
Honolulu, HI 96813
Email: info@talismanlbs.com
For any questions or requests other than copyright issues, please contact info@talismanlbs.com
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT AND THAT YOU ACCEPT THE TERMS HEREOF. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THE MOBILE ALERT SERVICE.