These Terms of Service govern your access to and use of our website (the "Site"), any information, text, graphics, or other materials uploaded, downloaded or transmitted, excluding User-Generated Content as defined below, (the "Content"), and any services provided through the Site, including, but not limited to, any communications (SMS or otherwise) sent by, or sent on behalf of, you (the "Services"). Your access to and use of the Site, Content and Services (collectively, "PhoneBook") is expressly conditioned on your compliance with these Terms of Service. By accessing or using PhoneBook, you agree to be bound by these Terms of Service. If any term in this agreement is not acceptable to you, your only recourse is to cease using and/or accessing PhoneBook. We may revise these Terms of Service from time to time.
1. PhoneBook
We provide an exciting way to communicate with your network of friends and contacts (your "Network"). At your request, PhoneBook will collect your call logs, SMS (as defined below) records and certain other information pertaining to your mobile account, including but not limited to information about your geographic region, mobile plan and handset, (your "Mobile Information") from your mobile service provider ("Mobile Service Provider") and display it to you and other PhoneBook users. Among the tools that we offer, PhoneBook allows you to annotate your Mobile Information by inserting the names, addresses, birthdays, pictures and other details ("Contact Information") of the persons corresponding to the telephone numbers listed in your Mobile Information.
To be able to access your Mobile Information, PhoneBook may require login information to access your wireless account (your "Login Information"). Login Information will be used by PhoneBook exclusively for obtaining your Mobile Information. By providing your Login Information to PhoneBook, you represent and warrant that you have the authority to permit us to use your Login Information on your behalf and you hereby authorize and appoint us as your agent to use your Login Information to obtain your Mobile Information.
2. Registration
In order to use PhoneBook, you must sign up through the Site and provide certain information about yourself as prompted by the registration form ("Registration Data"). Participation in PhoneBook is subject to your provision of complete and accurate Registration Data and your continued compliance with these Terms of Service. You may not use PhoneBook if your Cell Phone Service Provider agreement or any other agreement prevents you from granting us the right to use your Login Information on your behalf. PhoneBook is not intended for use by children, especially those under age 13. We will not knowingly allow individuals under 13 years old to provide Registration Data and participate in PhoneBook. If you are under 13 years of age, then please do not use or access PhoneBook at any time or in any manner. Users under 18 should get the permission of their parent(s) before registering and participating in PhoneBook.
You agree to: (a) provide true, accurate, current and complete Registration Data and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. We may suspend or terminate your account and refuse any and all current or future use of PhoneBook (or any portion thereof) at any time, in our sole discretion, including without limitation, if any of the information you provide is untrue, inaccurate, not current or incomplete. Additionally, members are prohibited from selling, trading, or otherwise transferring their account to another party. You acknowledge that we cannot guarantee the identity of any other users with whom you may interact in the course of using PhoneBook or the authenticity of any information they might provide.
3. Passwords
You are responsible for safeguarding the password that you use to access PhoneBook. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your password. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. Fees
Information on our fees can be found here. We reserve the right, at any time, to impose or restructure any fees charged for your use of PhoneBook. In particular, we may charge fees in addition to any amounts that may be imposed by your Cell Phone Service Provider in connection with your use of the Site or Services, including but not limited to fees for sending and receiving SMS messages. By using PhoneBook, you agree to be responsible for any fees that we may impose or are incurred as a result of your use of PhoneBook.
We may provide the means through which you can receive messages on your phone or wireless device via short message service ("SMS Service") or wireless internet ("WAP Services"). We may also make available content and versions of PhoneBook available via WAP and mobile phone service. If you subscribe to one of our SMS, WAP or mobile services, you thereby agree to receive such service at the address you provide for such purposes. Such messages may come from us, or from third parties who we believe may have goods or services of interest to you (unless you have elected not to receive such messages at the time you subscribe).
You understand that your Mobile Service Provider’s standard rates may apply to these messages, and that you may opt-out of receiving them by notifying us at unsubscribe@somoenterprises.com. You represent that you are the owner or authorized user of the wireless device you use to sign up for PhoneBook, and that you are authorized to approve the applicable charges. To use the SMS, WAP or mobile service, you must reside in the United States. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information in connection herewith.
5. PhoneBook SMS Alerts
PhoneBook may send the following types of alerts to your cell phone. For all of these alerts, standard message charges from your carrier apply.
Top Friend Alert: If John Smith specifies user as one of their top friends on PhoneBook, user will get an SMS that says: "John Smith says you are one of his top friends. Connect with him at somoenterprises.com."
Share Contact Info Alert: If John Smith wants to share contact info with one of his friends on PhoneBook, user will get an SMS that says: "John Smith wants to share contact info with you. Go to somoenterprises.com to see his contact info."
Share Photo Alert: If John Smith uploads a new photo to PhoneBook, user will get an SMS that says: "John Smith just uploaded a new photo. Go see it at somoenterprises.com."
Service Announcements: From time-to-time, PhoneBook may send an SMS to its users announcing a newly available service on the website or other types of administrative messages. For example, a PhoneBook service announcement might say: "Today we just launched a live chat feature on our website. Go to somoenterprises.com to check it out!"
How to Opt-in:
To opt-in or subscribe to our SMS service, you can register from our website, or text "JOIN" to 30634 and we’ll guide you through the process from your mobile phone. PhoneBook does not charge for most of its text alerts, but standard message charges apply from your carrier.
How to Opt-out:
To opt-out from our SMS service, you can text "STOP" into 30634 from your mobile phone and we will unsubscribe you from our SMS text messaging service immediately. You will not receive any additional messages until you re-register on our website. You will not be charged for anything after you have texted "STOP" to the short code.
How to get help or support:
To get help, email us at support@somoenterprises.com, or call our toll free number at 800-975-8208. From your mobile phone, you may request our contact information at any time by texting HELP into 30634.
6. Your Personal Information and Privacy
Your Mobile Information, Contact Information, and Login Information ("Your Personal Information") remain your property. By providing us with Contact Information for those individuals in your Network and/or authorizing and allowing us to contact them on your behalf, you represent and warrant that you have the necessary permissions to do so.
PhoneBook permits you to create a profile of information ("Your Profile") that will be visible to other users in your Network. By allowing us to access your Mobile Information, you are granting us permission to provide the information in Your Profile, including but not limited to details about your Mobile Information, to other users, PhoneBook affiliates, partners and licensors.
As part of providing PhoneBook, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of you account membership and you will not be able to opt out of receiving them.
Please refer to our Privacy Policy at www.somoenterprises.com/about/privacy.html for information and notices concerning our collection and use of Your Personal information.
7. User Generated Content
All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that you and/or other users post, upload, link to and/or otherwise submit to or through PhoneBook, including content to be transmitted via mobile networks and your Cell Phone Service Provider (collectively referred to as "User-Generated Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User-Generated Content originated. You are entirely responsible for all of the User-Generated Content that you upload, post, email, transmit (whether online or via mobile networks or your Cell Phone Service Provider) or otherwise make available via PhoneBook. We do not monitor or control User-Generated Content posted and we take no responsibility for such content.
We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User-Generated Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User-Generated Content will be at your own risk.
You understand that by using or accessing PhoneBook you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings or messages that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User-Generated Content, or any loss or damage of any kind incurred as a result of the use of any Content or User-Generated Content posted, emailed, transmitted or otherwise made available on or through PhoneBook.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User-Generated Content, such as User-Generated Content which violates these Terms of Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to member support requests, or (e) protect our rights, property or safety, and that of our users and the public. We will not be responsible or liable for the exercise or non-exercise of its rights under these Terms of Service.
8. Your Property Rights and the Licenses You Grant to PhoneBook
Except where stated otherwise in these Terms of Service, we claim no ownership or control over any User-Generated Content. You retain any and all trademark rights and copyright to any User-Generated Content that you submit, post, display or transmit on or through PhoneBook and you are responsible for protecting those rights.
While you own all of your own User-Generated Content, you hereby grant us, our licensees and business partners a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and license to use and exploit your User-Generated Content for any purpose. Furthermore, you hereby grant us, our licensees and business partners the right to reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish and transmit such posted content, including but not limited to photographs, images or likenesses of you, or in which you may be included with others. You consent to such uses in any medium now known or developed in the future, including photographs, video, slide shows, Internet images or other mediums, means of storage or distribution. You agree that such images and likenesses of you can be used with or without your name. You give this permission without any limitation whatsoever. In consideration of the opportunity to have your image, likeness and/or name used as set forth above, you agree to release and discharge us, our licensees and business partners from any claims, actions and demands of any nature, including, but not limited to, any claims of libel, infringement of the right of publicity, invasion of privacy, portrayal in a false light, or other claim, based on or arising out of or in connection with the above-stated uses of images of you or your image, likeness or name.
In granting these licenses to us, our licensees and business partners, you represent and warrant that you own or have the necessary licenses, rights, consents, power, authority and permissions to grant these licenses, which include but are not limited to any third party rights that are required as a result of the subject matter of your User-Generated Content.
We may monitor, edit or remove any posted or transmitted content, but in no circumstances will we be required to monitor or edit the posted or transmitted content. We do not endorse, sanction or encourage any posted or transmitted content and will not be held responsible for the accuracy, legality or applicability of any posted content.
9. PhoneBook Property Rights
All right, title, and interest in and to PhoneBook are and will remain our exclusive property and that of our licensors. PhoneBook is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use PhoneBook. You may not copy or modify the HTML code used to generate web pages on PhoneBook. You may not use the PhoneBook in connection with any other website, for any purpose. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding PhoneBook is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit, entirely without obligation of any kind.
10. Restrictions
You agree not to do any of the following while using PhoneBook:
Post, publish or transmit any information that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes, violates or misappropriates another’s rights, including any privacy, publicity, copyright, trademark or other rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Access, tamper with, or use non-public areas of PhoneBook, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search PhoneBook with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
Other than inviting others to join or use PhoneBook, send unsolicited email or SMS communications;
Send junk mail, "spam," or chain letters, or promotions or advertisements for products or services;
Post content in fields that are not intended for that content;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use PhoneBook to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide PhoneBook;
Interfere with, or attempt to interfere with, the access of any member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing PhoneBook; or
Impersonate or misrepresent your affiliation with any person or entity.
We reserve the right, but will have no obligation, to investigate your use of PhoneBook in order to (a) determine whether a violation of the Terms of Service has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
We reserve the right to modify, suspend or discontinue PhoneBook, with or without notice, at any time and without any liability to you. You are responsible for your own use of PhoneBook, for any posts you make, and for any consequences thereof. You agree that you will use PhoneBook in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
11. Copyright Notices and the Digital Millennium Copyright Act
We respect the intellectual property rights of others and expect members of PhoneBook to do the same. At our discretion and in appropriate circumstances, we may terminate the accounts of members or prevent access to PhoneBook by members who infringe the intellectual property rights of others. Filing a notice of infringement with us requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. Our designated agent for notice of alleged copyright infringement appearing on the Site is:
Somo Enterprises, Inc.
Attn: Copyright Agent
451 Florence Street
Palo Alto, CA 94301
Email: copyright@somoenterprises.com
12. Use of the Site at Your Own Risk
You understand and agree that PhoneBook is provided to you on an "AS IS" and "AS AVAILABLE" basis. Your access to and use of PhoneBook is at your own risk. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of PhoneBook. We will have no responsibility or liability for any harm to your computer system or mobile device, loss of data, or other harm that results from your access to or use of PhoneBook. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any of Your Personal Information, any Content, User-Generated Content or any other communications maintained by PhoneBook. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.
13. Links
PhoneBook may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
14. Termination
If you violate any of these Terms of Service, your permission to use PhoneBook will automatically terminate. We reserve the right to revoke your access to and use of PhoneBook at any time, with or without cause. We also reserve the right to cease providing PhoneBook, or to change PhoneBook at any time and without notice.
15. Indemnity
You agree to defend, indemnify, and hold us harmless, as well as hold our officers, directors, employees and agents harmless, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Your Network, your access to or use of PhoneBook, Your Personal Information, any communications initiated by you on PhoneBook or sent on your behalf by PhoneBook or your violation of these Terms of Service.
16. The Site and Services are Available "AS-IS"
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE PhoneBook; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR TRANSMITTED THROUGH, PhoneBook, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM PhoneBook; (iv) ANY HARM RESULTING FROM USE OF YOUR MOBILE INFORMATION, CONTACT INFORMATION OR LOGIN INFORMATION; AND (v) ANY EFFECTS THAT YOUR USE OF PhoneBook MAY HAVE ON YOUR COMMERCIAL AND NON-COMMERCIAL RELATIONSHIPS WITH THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF PhoneBook IS LIMITED TO THE GREATER OF TWENTY U.S. DOLLARS ($20) OR THE AMOUNTS PAID TO US BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT FROM WHICH SUCH LIABILITY ARISES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PhoneBook AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE PhoneBook; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR TRANSMITTED THROUGH, PhoneBook, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM PhoneBook; (iv) ANY HARM RESULTING FROM USE OF YOUR MOBILE INFORMATION, CONTACT INFORMATION OR LOGIN INFORMATION; AND (v) ANY EFFECTS THAT YOUR USE OF PhoneBook MAY HAVE ON YOUR COMMERCIAL AND NON-COMMERCIAL RELATIONSHIPS WITH THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF PhoneBook IS LIMITED TO THE GREATER OF TWENTY U.S. DOLLARS ($20) OR THE AMOUNTS PAID TO US BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT FROM WHICH SUCH LIABILITY ARISES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PhoneBook AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
18. Waiver and Severability
Our failure to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
19. Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in San Francisco County, California, and you consent to the jurisdiction of and venue in such courts.
20. 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 PhoneBook, these Terms of Service or Your Personal Information must be filed within one (1) year after such claim or cause of action arose or be forever barred.
21. Entire Agreement
These Terms of Service are the entire and exclusive agreement between us and you regarding PhoneBook and Your Personal Information, and these Terms of Service supersede and replace any prior agreements between us and you regarding PhoneBook or Your Personal Information.
If you have any questions about these Terms of Service, please contact us at tos@somoenterprises.com.