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Terms of Service & Mobile Information

Mobile Information

By opting in to use SerendipitySense text messaging service, you will be sending and receiving text messages from our two short codes, 94949 and 38172.. Message and data rates may apply to both short codes. Messages based on profile.

Mobile Opt-in: Specify your phone number when you sign-up online and agree to the Terms of Service and Mobile Information.

Mobile Opt-out: By opting out, you will cancel your account and will no longer receive SMS messages until you re-register. There are three (3) ways to opt-out:

  1. From your mobile phone that you registered with, text STOP to 94949 or 38172.

  2. You can cancel your account on the website

  3. Contact us at support@serendipitysense.com

Mobile Help: For help, text HELP to 94949 or 38172 or contact us at support@serendipitysense.com.

Terms of Use

By using Serendipity Sense texting service and/or website, SerendipitySense.com (the "Service"), a service of Source Works, LLC (the "Company, "we or "us), you are agreeing to be bound by the following terms and conditions ("Terms of Use" or "Terms), regardless if you are or are not a registered user of the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. By continuing to use the Service after any such changes, you are accepting the new Terms. If you do not agree to abide by these or any future Terms, do not use the Service. It is your responsibility to regularly check the SerendipitySense.com to determine if there have been changes to these Terms and to review such changes. Violation of any of these terms and conditions will result in the termination of your Service account. You understand and agree that the Company is not responsible for the content posted on the Service and that you use the Service at your own risk.

Summary of Terms

By using Serendipity Sense, a service of Source Works, LLC, you are agreeing to be bound by the following terms and conditions ("Terms of Use")

  1. You must be at least 18 years old to use the Service. Any registration by, use of or access to the Service by anyone under 18 is unauthorized, unlicensed and in violation of these Terms. By using the Service, you represent and warrant that you are 18 or older and that you agree to abide by these Terms.

  2. You are solely responsible for any messaging, activity, and content (including, without limitation, text, information, screen names, photos, profiles, and links to third-party content) that is posted or transmitted under your screen names (collectively, "User Content").

  3. You are responsible for keeping you password secure.

  4. You may use the Service for personal, non-commercial purposes only. You may not use the Service to promote any goods or services.

  5. You may not use the Service for any illegal or unauthorized purpose.

  6. International users of the Service agree to comply with all local laws regarding online conduct and acceptable content.

  7. You must not upload, transmit, post or otherwise share any content that (a) violates or infringes upon the rights of any third party; (b) is unlawful, threatening, defamatory, abusive, libelous, or invasive of another's privacy; or (c) is offensive.

  8. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Site.

  9. You must not create or submit unwanted email or SMS/text messages to any Serendipity Sense Users ("Spam").

  10. You must not transmit any worms or viruses or any code of a destructive or malicious nature.

  11. You must not, in the use of Serendipity Sense, violate any laws in your jurisdiction (including but not limited to copyright laws).

Summary of Conditions

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.

  2. We reserve the right to refuse the Service to anyone for any reason at any time.

  3. We may, but have no obligation to, remove User Content and accounts containing material that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

  4. All content on SerendipitySense.com, (the "Site Content"), are the proprietary property of the Company. This aforementioned does not apply to your own User Content that you legally post on the Service.

  5. You own your User Content, not us. You grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display your User Content (in whole or in part) and/or to incorporate such User Content in other works in any form, media, or technology now known or later developed. You also grant each user of the Site the right to access, display, view, store and reproduce your User Content for personal use. You represent and warrant to the Company that you have the right to grant the licenses stated above.

  6. We're not responsible for any third party fees (including, without limitation, Internet, mobile phone, or text messaging fees).

  7. We reserve the right to modify or terminate the Site without notice at anytime.

  8. Know that we could charge for use of the Site, or any part of the Site, later on.

  9. We reserve the right to remove content and accounts that we determine in our sole discretion are or may be unlawful, threatening, offensive, obscene or in violation of any party's intellectual property rights or these Terms of Use.

  10. If you decide to access outside websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that we are not liable for any loss or damage that you may suffer by using other websites.

  11. We reserve the right to reclaim public placemarks and usernames on behalf of businesses or individuals that hold a legal claim or trademark on those public placemarks or usernames.

Copyright

We claim no intellectual property rights over the material you provide to the Site. Your profile and the materials you upload remain yours. You can remove your profile at any time by deleting your account.

The Company undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws.

Privacy. It is our policy to respect the privacy of individuals who visit the Site. Our privacy policy, which you may view at Privacy Policy (the "Privacy Policy"), is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

Disclaimer. THE CONTENT, SERVICES AND/OR MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, THE COMPANY MAKES NO WARRANTY THAT THE SITE OR THE SERVICES PROVIDED ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING ANY SERVICES PROVIDED ON THE SITE, WILL BE AVAILABLE, OR THAT DATA ENTERED WILL BE SECURE FROM UNAUTHORIZED ACCESS.

Limitation of Liability. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE, INCLUDING ANY SOFTWARE, CONTENT OR OTHER MATERIALS ON THE SITE, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS OFFICERS, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, OR ANY THIRD PARTY PROVIDER OF DATA OR INFORMATION, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE, LOST PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE, OR YOUR RELIANCE ON ANY ADVICE, INFORMATION, OR CONTENT ON THE SITE, EVEN IF THE COMPANY OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE COMPANY SHALL HAVE NO LIABILITY FOR ANY CONTENT OF ITS USERS. YOU ALSO AGREE THAT (1) THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, HANDHELD DEVICE, OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE SITE CONTENT OR TO UTILIZE ANY SERVICES PROVIDED ON THE SITE AND (2) THE COMPANY SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO ANY DATA ON YOUR PERSONAL COMPUTER, HANDHELD DEVICE OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE SITE CONTENT OR TO UTILIZE THE SERVICES PROVIDED ON THE SITE, AND YOU SHALL BE SOLEY RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF THE SITE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, OR FEEL THE COMPANY HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF EITHER THE AMOUNT PAID BY YOU FOR THE SERVICES IN QUESTION OR ONE HUNDRED DOLLARS (US$100) TOTAL. IT IS THE INTENTION OF BOTH OF US THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.

Indemnification. You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, managers, members, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your violation of these Terms, or your violation of any rights of another.

Additional Terms. These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Site, superseding any prior agreements between you and the Company relating to your use of the Site. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be deemed invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions, which shall continue in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms of Use must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred. These Terms of Use and any claims hereunder shall be governed by and subject to the laws of the state of Delaware, without giving effect to any principles of conflicts of law.