Terms & Conditions
- ACCEPTANCE OF TERMS
Notification Services LLC. ("My Notification Service ") welcomes you. Notification Services LLC provides the My Notification Service (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://mynotify1.com/terms_and_conditions.php. By accessing and using the My Notification Service, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Notification Services LLC owned or operated services, you and Notification Services LLC shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Notification Services LLC may also offer other services that are governed by different Terms of Service.
- DESCRIPTION OF Notification Services LLC
Notification Services LLC provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the " My Notification Service"). You also understand and agree that the My Notification Service may include advertisements and that these advertisements are necessary for Notification Services LLC to provide the My Notification Service. You also understand and agree that the My Notification Service may include certain communications from My Notification Service, such as service announcements, administrative messages and the My Notification Service Newsletter, and that these communications are considered part of My Notification Service membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current My Notification Service, including the release of new My Notification Service properties, shall be subject to the TOS. You understand and agree that the My Notification Service is provided "AS-IS" and that Notification Services LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the My Notification Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the My Notification Service.
You understand that
the technical processing and transmission of the My Notification 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 REGISTRATION OBLIGATIONS
In consideration of your use of the My Notification Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the My Notification Service under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the My Notification Service registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Notification Services LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Notification Services LLC has the right to suspend or terminate your account and refuse any and all current or future use of the My Notification Service (or any portion thereof). My Notification Service is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the My Notification Service must create a My Notification Service Family Account. When you create a My Notification Service Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the My Notification Service Family Account. By adding a child to your My Notification Service Family Account, you also give your child permission to access many areas of the My Notification Service.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the My Notification Services registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify My Notification Service 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. My Notification Service cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
- MEMBER CONDUCT
You understand that all information, data, text, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Notification Services LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the My Notification Service. Notification Services LLC does not control the Content posted via the My Notification Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Notification Services LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the My Notification Service.
You agree to not use the My Notification Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, invasive of another's privacy, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Notification Services LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the My Notification Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Yahoo! Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the My Notification Service or servers or networks connected to the My Notification Service, or disobey any requirements, procedures, policies or regulations of networks connected to the My Notification Service, including using any device, software or routine to bypass our robot exclusion headers;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Notification Services LLC may or may not pre-screen Content, but that Notification Services LLC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the My Notification Service. Without limiting the foregoing, Notification Services LLC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Notification Services LLC or submitted to My Notification Service, including without limitation information in all other parts of the My Notification Service.
You acknowledge, consent and agree that Notification Services LLC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Notification Services LLC, its users and the public.
You understand that
the My Notification Service and software embodied within the My Notification
Service may include security components that permit digital materials
to be protected, and that use of these materials is subject to usage
rules set by Notification Services LLC and/or content providers who
provide content to the My Notification Service. You may not attempt
to override or circumvent any of the usage rules embedded into the My
Notification Service. Any unauthorized reproduction, publication, further
distribution or public exhibition of the materials provided on the My
Notification Service, in whole or in part, is strictly prohibited.
- CONTRIBUTIONS TO MY NOTIFICATION SERVICE
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to My Notification Service through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Notification Services LLC is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Notification Services LLC shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Notification Services LLC may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Notification Services LLC without any obligation of Notification Services LLC to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Notification Services LLC under any circumstances.
You agree to indemnify and hold Notification Services LLC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the My Notification Service, your use of the My Notification Service, your connection to the My Notification Service, your violation of the TOS, or your violation of any rights of another.
- NO COMMERCIAL REUSE OF MY NOTIFICATION SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the My Notification Service (including Content, advertisements, Software and your My Notification Service ID).
- MODIFICATIONS TO MY NOTIFICATION SERVICES
Notification Services LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the My Notification Service (or any part thereof) with or without notice. You agree that Notification Services LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the My Notification Service (or any part thereof).
You may terminate your My Notification Service account, any associated email address and access to the My Notification Service by submitting such termination request to My Notification Service.
You agree that My Notification Service may, without prior notice, immediately terminate, limit your access to or suspend your Notification Service account, any associated email address, and access to the My Notification Service. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the My Notification Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the My Notification Service. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Notification Services LLCs sole discretion and that Notification Services LLC shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the My Notification Service.
Termination of your My Notification Service account includes any or all of the following: (a) removal of access to all or part of the offerings within the My Notification Service (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the My Notification Service.
- DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the My Notification Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Notification Services LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the My Notification Service.
The My Notification Service may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Notification Services LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Notification Services LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- MY NOTIFICATION SERVICE PROPRIETARY RIGHTS
You acknowledge and
agree that the My Notification Service and any necessary software used
in connection with the My Notification Service ("Software")
contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in advertisements or information presented
to you through the My Notification Service or by advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly permitted by applicable law or
as authorized by Notification Services LLC or the applicable licensor
(such as an advertiser), you agree not to modify, rent, lease, loan,
sell, distribute, transmit, broadcast, publicly perform or create derivative
works based on the My Notification Service, such Content or the Software,
in whole or in part.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE MY NOTIFICATION SERVICE AND SOFTWARE ARE AT YOUR SOLE RISK. THE MY NOTIFICATION SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MY NOTIFICATION SERVICES LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- NOTIFICATION SERVICES LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE MY NOTIFICATION SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE MY NOTIFICATION SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MY NOTIFICATION SERVICE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MY NOTIFICATION SERVICE OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MY NOTIFICATION SERVICE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MY NOTIFICATION SERVICES LLC OR THROUGH OR FROM THE MY NOTIFICATION SERVICE OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE MY NOTIFICATION SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE MY NOTIFICATION SERVICE. IMMEDIATELY DISCONTINUE USE OF THE MY NOTIFICATION SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE MY NOTIFICATION SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTIFICATION SERVICES LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOTIFICATION SERVICES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE MY NOTIFICATION SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MY NOTIFICATION SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE MY NOTIFICATION SERVICE.
- EXCLUSIONS AND LIMITATIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO
- NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Notification Services LLC may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the My Notification Service, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the My Notification Service in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the My Notification Service in an authorized manner.
- TRADEMARK INFORMATION
You agree that all of Notification Services LLC trademarks, trade names, service marks and other Notification Services LLC logos and brand features, and product and service names are trademarks and the property of Notification Services LLC. Without Notification Services LLCs prior permission, you agree not to display or use in any manner the Notification Services LLC Marks.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Notification Services LLC respects the intellectual property of others, and we ask our users to do the same. Notification Services LLC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Notification Services LLC Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Notification Services LLC Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Notification Services LLC
By phone: (888) 674-5420
By fax: (888) 674-5420
By email: firstname.lastname@example.org
- GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Notification Services LLC and governs your use of the My Notification Service, superseding any prior version of this TOS between you and Notification Services LLC with respect to the My Notification Service You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Yahoo! services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Notification Services LLC each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Notification Services LLC, shall be brought exclusively in the courts located in the county of Du Page, Illinois or the U.S. District Court for the Northern District of Illinois. You and Notification Services LLC agree to submit to the personal jurisdiction of the courts located within the county of Du Page, Illinois or the Northern District of Illinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Notification Services LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Notification Services LLC is non-transferable and any rights to your My Notification Service ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the My Notification Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer care group.
Last updated April 5, 2009