Definitions
SMS: Means "Short
Message Service". 160 alphanumeric characters messages that
can be sent and received on a mobile or fixed
terminal.
1. User's Acknowledgment and Acceptance of
Terms
UAB Infomania ("Us" or "We")
provides the SMSpunktas.lt site and various related services
(collectively, the "site") to you, the user, subject to your
compliance with all the terms, conditions, and notices contained or
referenced herein (the "Terms of Use"), as well as any other
written agreement between us and you. In addition, when using
particular services or materials on this site, users shall be
subject to any posted rules applicable to such services or
materials that may contain terms and conditions in addition to
those in these Terms of Use. All such guidelines or rules are
hereby incorporated by reference into these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE
BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE
THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR
DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT,
OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP
USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR
AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE
BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS
SITE.
These Terms of Use are effective as
of 2010.12.31. We expressly reserve the right to change these Terms
of Use from time to time without notice to you. You acknowledge and
agree that it is your responsibility to review this site and these
Terms of Use from time to time and to familiarize yourself with any
modifications. Your continued use of this site after such
modifications will constitute acknowledgement of the modified Terms
of Use and agreement to abide and be bound by the modified Terms of
Use.
As used in these Terms of Use,
references to our "Affiliates" include our owners, subsidiaries,
affiliated companies, officers, directors, suppliers, partners,
sponsors, and advertisers, and includes (without limitation) all
parties involved in creating, producing, and/or delivering this
site and/or its contents.
2. Description of Services
We make various services available
on this site including, but not limited to SMS service. You are
responsible for providing, at your own expense, all equipment
necessary to use the services, including a computer or other
devices, modem, and Internet access (including payment of all fees
associated with such access).
We reserve the sole right to either
modify or discontinue the site, including any of the site's
features, at any time with or without notice to you. We will not be
liable to you or any third party should we exercise such right. Any
new features that augment or enhance the then-current services on
this site shall also be subject to these Terms of Use.
3. Registration Data and Privacy
In order to access some of the
services on this site, you will be required to use an account and
password that can be obtained by completing our online registration
form, which requests certain information and data ("Registration
Data"), and maintaining and updating your Registration Data as
required. By registering, you agree that all information provided
in the Registration Data is true and accurate and that you will
maintain and update this information as required in order to keep
it current, complete, and accurate.
The information we obtain through
your use of this site, including your Registration Data, is subject
to our Privacy Policy, which is
specifically incorporated by reference into these Terms of Use.
4. Conduct on Site
Your use of the site is subject to
all applicable laws and regulations, and you are solely responsible
for the substance of your communications through the site. By
posting information in or otherwise using any communications
service, chat room, message board, newsgroup, software library, or
other interactive service that may be available to you on or
through this site, you agree that you will not upload, share, post,
or otherwise distribute or facilitate distribution of any content
-- including text, communications, software, images, sounds, data,
or other information -- that:
a. is unlawful, threatening,
abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, tortious, contains explicit or
graphic descriptions or accounts of sexual acts (including but not
limited to sexual language of a violent or threatening nature
directed at another individual or group of individuals), or
otherwise violates our rules or policies;
b. victimizes, harasses, degrades,
or intimidates an individual or group of individuals on the basis
of religion, gender, sexual orientation, race, ethnicity, age, or
disability;
c. infringes on any patent,
trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party;
d. constitutes unauthorized or
unsolicited advertising, junk or bulk email or SMS (also known as
"spamming"), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
e. contains software viruses or any
other computer code, files, or programs that are designed or
intended to disrupt, damage, or limit the functioning of any
software, hardware, or telecommunications equipment or to damage or
obtain unauthorized access to any data or other information of any
third party; or
f. impersonates any person or
entity, including any of our employees or representatives.
We neither endorse nor assume any
liability for the contents of any material uploaded or submitted by
third party users of the site. We generally do not pre-screen,
monitor, or edit the content posted by users of communications
services, chat rooms, message boards, newsgroups, software
libraries, or other interactive services that may be available on
or through this site. However, we and our agents have the right at
their sole discretion to remove any content that, in our judgment,
does not comply with these Terms of Use and any other rules of user
conduct for our site, or is otherwise harmful, objectionable, or
inaccurate. We are not responsible for any failure or delay in
removing such content. You hereby consent to such removal and waive
any claim against us arising out of such removal of content. See
"Use of Your Materials" below for a description of the procedures
to be followed in the event that any party believes that content
posted on this site infringes on any patent, trademark, trade
secret, copyright, right of publicity, or other proprietary right
of any party.
In addition, you may not use your
account to breach security of another account or attempt to gain
unauthorized access to another network or server. Not all areas of
the site may be available to you or other authorized users of the
site. You shall not interfere with anyone else's use and enjoyment
of the site or other similar services. Users who violate systems or
network security may incur criminal or civil liability.
You agree that we may at any time,
and at our sole discretion, terminate your membership, account, or
other affiliation with our site without prior notice to you for
violating any of the above provisions. In addition, you acknowledge
that we will cooperate fully with investigations of violations of
systems or network security at other sites, including cooperating
with law enforcement authorities in investigating suspected
criminal violations.
5. Third Party Sites and Information
This site may link you to other
sites on the Internet or otherwise include references to
information, documents, software, materials and/or services
provided by other parties. These sites may contain information or
material that some people may find inappropriate or offensive.
These other sites and parties are not under our control, and you
acknowledge that we are not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of the content
of such sites, nor are we responsible for errors or omissions in
any references to other parties or their products and services. The
inclusion of such a link or reference is provided merely as a
convenience and does not imply endorsement of, or association with,
the site or party by us, or any warranty of any kind, either
express or implied.
6. Intellectual Property Information
Copyright (c) 2006-2011 UAB Infomania All Rights Reserved.
For purposes of these Terms of Use, "content" is defined as any
information, data, communications, software, photos, video,
graphics, music, sounds, and other material and services that can
be viewed by users on our site. This includes message boards, chat,
and other original content.
By accepting these Terms of Use,
you acknowledge and agree that all content presented to you on this
site is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws, and is the sole property of
UAB Infomania and/or its Affiliates. You are only permitted to use
the content as expressly authorized by us or the specific content
provider. Except for a single copy made for personal use only, you
may not copy, reproduce, modify, republish, upload, post, transmit,
or distribute any documents or information from this site in any
form or by any means without prior written permission from us or
the specific content provider, and you are solely responsible for
obtaining permission before reusing any copyrighted material that
is available on this site. Any unauthorized use of the materials
appearing on this site may violate copyright, trademark and other
applicable laws and could result in criminal or civil
penalties.
Neither we or our Affiliates
warrant or represent that your use of materials displayed on, or
obtained through, this site will not infringe the rights of third
parties. See "User's Materials" below for a description of the
procedures to be followed in the event that any party believes that
content posted on this site infringes on any patent, trademark,
trade secret, copyright, right of publicity, or other proprietary
right of any party.
All custom graphics, icons, logos
and service names are registered trademarks, trademarks or service
marks of UAB Infomania or its Affiliates. All other trademarks or
service marks are property of their respective owners. Nothing in
these Terms of Use grants you any right to use any trademark,
service mark, logo, and/or the name of UAB Infomania or its
Affiliates.
7. Unauthorized Use of Materials
Subject to our Privacy Policy, any
communication or material that you transmit to this site or to us,
whether by electronic mail, post, or other means, for any reason,
will be treated as non-confidential and non-proprietary. While you
retain all rights in such communications or material, you grant us
and our agents and affiliates a non-exclusive, paid-up, perpetual,
and worldwide right to copy, distribute, display, perform, publish,
translate, adapt, modify, and otherwise use such material for any
purpose regardless of the form or medium (now known or not
currently known) in which it is used.
Please do not submit confidential
or proprietary information to us unless we have mutually agreed in
writing otherwise. We are also unable to accept your unsolicited
ideas or proposals, so please do not submit them to us in any
circumstance.
We respect the intellectual
property of others, and we ask you to do the same. If you or any
user of this site believes its copyright, trademark or other
property rights have been infringed by a posting on this site, you
or the user should send notification to our Designated Agent (as
identified below) immediately. To be effective, the notification
must include:
1. Identify in sufficient detail
the copyrighted work that you believe has been infringed upon or
other information sufficient to specify the copyrighted work being
infringed).
2. Identify the material that you
claim is infringing the copyrighted work listed in item #1
above.
3. Provide information reasonably
sufficient to permit us to contact you (email address is
preferred).
4. Provide information, if
possible, sufficient to permit us to notify the owner/administrator
of the allegedly infringing webpage or other content (email address
is preferred).
5. Include the following statement:
"I have a good faith belief that use of the copyrighted materials
described above as allegedly infringing is not authorized by the
copyright owner, its agent, or the law."
6. Include the following statement:
"I swear, under penalty of perjury, that the information in the
notification is accurate and that I am the copyright owner or am
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Julius Bartkus
Address: Vydūno 27-13, 06208 Vilnius, Lithuania
Phone: +37061212118
You acknowledge and agree that upon
receipt of a notice of a claim of copyright infringement, we may
immediately remove the identified materials from our site without
liability to you or any other party and that the claims of the
complaining party and the party that originally posted the
materials will be referred to the corresponding institutions.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS
SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE
SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE
SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE,
OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION
PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR
AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES,
ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL
OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY
MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING
THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY
TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE
OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR
SERVICES.
THE USE OF THE SERVICES OR THE
DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE
IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you
may have the opportunities to engage in commercial transactions
with other users and vendors. You acknowledge that all transactions
relating to any merchandise or services offered by any party,
including, but not limited to the purchase terms, payment terms,
warranties, guarantees, maintenance and delivery terms relating to
such transactions, are agreed to solely between the seller or
purchaser of such merchandize and services and you. WE MAKE NO
WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN
CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH
TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY
THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES,
MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A
THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US
OR ANY OTHER OF OUR AFFILIATES.
Content available through this site
often represents the opinions and judgments of an information
provider, site user, or other person or entity not connected with
us. We do not endorse, nor are we responsible for the accuracy or
reliability of, any opinion, advice, or statement made by anyone
other than an authorized UAB Infomania spokesperson speaking in
his/her official capacity. Please refer to the specific editorial
policies posted on various sections of this site for further
information, which policies are incorporated by reference into
these Terms of Use.
You understand and agree that
temporary interruptions of the services available through this site
may occur as normal events. You further understand and agree that
we have no control over third party networks you may access in the
course of the use of this site, and therefore, delays and
disruption of other network transmissions are completely beyond our
control.
You understand and agree that the
services available on this site are provided "AS IS" and that we
assume no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization
settings.
SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR
AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL,
PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY
KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY
THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE
OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS
SITE.
FURTHER, WE SHALL NOT BE LIABLE IN
ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS
SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS
THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF
ORDERS.
SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
10. Indemnification
Upon a request by us, you agree to
defend, indemnify, and hold us and our Affiliates harmless from all
liabilities, claims, and expenses, including attorney's fees that
arise from your use or misuse of this site. We reserve the right,
at our own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which
event you will cooperate with us in asserting any available
defenses.
11. Security and Password
You are solely responsible for
maintaining the confidentiality of your password and account and
for any and all statements made and acts or omissions that occur
through the use of your password and account. Therefore, you must
take steps to ensure that others do not gain access to your
password and account. Our personnel will never ask you for your
password. You may not transfer or share your account with anyone,
and we reserve the right to immediately terminate your account if
you do transfer or share your account.
12. Participation in Promotions
From time to time, this site may
include advertisements offered by third parties. You may enter into
correspondence with or participate in promotions of the advertisers
showing their products on this site. Any such correspondence or
promotions, including the delivery of and the payment for goods and
services, and any other terms, conditions, warranties or
representations associated with such correspondence or promotions,
are solely between you and the advertiser. We assume no liability,
obligation or responsibility for any part of any such
correspondence or promotion.
13. SMS, E-mail, Messaging, Blogging, and Chat
Services
We may make SMS, email, messaging,
blogging, or chat services (collectively, "Communications")
available to users of our site, either directly or through a
third-party provider. We make available separate supplemental
agreements characterizing the relationship between you and us that,
except where expressly noted or contradictory, includes these
Terms.
We will not inspect or disclose the
contents of private Communications except with the consent of the
sender or the recipient, or in the narrowly-defined situations
provided under the Electronic Communications Privacy Act, or as
other required by law or by court or governmental order. Further
information is available in our Privacy Policy.
We may employ automated monitoring
devices or techniques to protect our users from mass unsolicited
communications (also known as "spam") and/or other types of
electronic communications that we deem inconsistent with our
business purposes. However, such devices or techniques are not
perfect, and we will not be responsible for any legitimate
communication that is blocked, or for any unsolicited communication
that is not blocked.
Mailboxes may have a limited
storage capacity. If you exceed the maximum permitted storage
space, we may employ automated devices that delete or block email
messages that exceed the limit. We will not be responsible for such
deleted or blocked messages.
14. International Use
Although this site may be
accessible worldwide, we make no representation that materials on
this site are appropriate or available for use in locations outside
the Lithuania, and accessing them from territories where their
contents are illegal is prohibited. Those who choose to access this
site from other locations do so on their own initiative and are
responsible for compliance with local laws. Any offer for any
product, service, and/or information made in connection with this
site is void where prohibited.
15. Termination of Use
You agree that we may, in our sole
discretion, terminate or suspend your access to all or part of the
site with or without notice and for any reason, including, without
limitation, breach of these Terms of Use. Any suspected fraudulent,
abusive or illegal activity may be grounds for terminating your
relationship and may be referred to appropriate law enforcement
authorities.
Upon termination or suspension,
regardless of the reasons therefore, your right to use the services
available on this site immediately ceases, and you acknowledge and
agree that we may immediately deactivate or delete your account and
all related information and files in your account and/or bar any
further access to such files or this site. We shall not be liable
to you or any third party for any claims or damages arising out of
any termination or suspension or any other actions taken by us in
connection with such termination or suspension.
16. Governing Law
This site (excluding any linked
sites) is controlled by us from our offices within the Lithuania.
It can be accessed from other countries around the world. As each
of these places has laws that may differ from those of Lithuania,
by accessing this site both of us agree that the statutes and laws
of the Republic of Lithuania, without regard to the conflicts
of laws principles thereof and the United Nations Convention on the
International Sales of Goods, will apply to all matters relating to
the use of this site and the purchase of products and services
available through this site. Each of us agrees and hereby submits
to the exclusive personal jurisdiction and venue any court of
competent jurisdiction within the Republic of Lithuania with
respect to such matters.
17. Notices
All notices to a party shall be in
writing and shall be made either via email or conventional mail.
Notices to us must be sent to the attention of Customer Service at
julius.bartkus@smspunktas.lt, if by email, or at UAB Infomania
Vydūno 27-13, 06208 Vilnius, Lithuania if by conventional mail.
Notices to you may be sent to the address supplied by you as part
of your Registration Data. In addition, we may broadcast notices or
messages through the site to inform you of changes to the site or
other matters of importance, and such broadcasts shall constitute
notice to you at the time of sending.
18. Entire Agreement
These terms and conditions
constitute the entire agreement and understanding between us
concerning the subject matter of this agreement and supersedes all
prior agreements and understandings of the parties with respect to
that subject matter. These Terms of Use may not be altered,
supplemented, or amended by the use of any other document(s). Any
attempt to alter, supplement or amend this document or to enter an
order for products or services which are subject to additional or
altered terms and conditions shall be null and void, unless
otherwise agreed to in a written agreement signed by you and us. To
the extent that anything in or associated with this site is in
conflict or inconsistent with these Terms of Use, these Terms of
Use shall take precedence.
19. Miscellaneous
In any action to enforce these
Terms of Use, the prevailing party will be entitled to costs and
attorney's fees. Any cause of action brought by you against us or
our Affiliates must be instituted with one year after the cause of
action arises or be deemed forever waived and barred.
You may not assign your rights and
obligations under these Terms of Use to any party, and any
purported attempt to do so will be null and void. We may free
assign our rights and obligations under these Terms of Use.
You agree not to sell, resell,
reproduce duplicate, copy or use for any commercial purposes any
portion of this site, or use of or access to this site.
In addition to any excuse provided
by applicable law, we shall be excused from liability for
non-delivery or delay in delivery of products and services
available through our site arising from any event beyond our
reasonable control, whether or not foreseeable by either party,
including but not limited to, labor disturbance, war, fire,
accident, adverse weather, inability to secure transportation,
governmental act or regulation, and other causes or events beyond
our reasonable control, whether or not similar to those which are
enumerated above.
If any part of these Terms of Use
is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
Any failure by us to enforce or
exercise any provision of these Terms of Use or related rights
shall not constitute a waiver of that right or provision.
20. Contact Information
Except as explicitly noted on this
site, the services available through this site are offered by UAB
Infomania, located at Vydūno 27-13, Vilnius, Lithuania. Our
telephone number is +37061212118. If you notice that any user is
violating these Terms of Use, please contact us at
julius.bartkus@smspunktas.lt
