terms of use
Definitions
Gameshape Pty Ltd ("Gameshape") provides the www.twitsms.com.au and twitsms.co.uk sites ("Sites") to Site Members. The term "Site Member/s" includes any person who joins the Sites, and "You" includes any visitor to these Sites. "Information" means information on these Sites, including information about Site Members provided by them.
Acceptance of these Terms and Conditions
You must read these terms and conditions carefully before becoming a Site Member and using the services provided by the Sites. Gameshape will from time to time update these terms and conditions so it is important that you revisit this page regularly. Your access to and use of this Site will be governed by these terms and conditions whether or not you choose to become a Site Member.
How do I become a member of the site?
You must be a Site Member to use the services of the Site. You become a Site Member by accepting the Terms and Conditions, acknowledging the Privacy Statement and by registering online with your Twitter username and password.
What the site offers
Gameshape offers Site Members the ability to receive SMSs from chosen Twitter friend's messages for a fee per text message. The Site Members purchase credits for the SMS messages they will recieve.
What the site is not
Gameshape and www.twitsms.com.au and twitsms.co.uk are independent of Twitter.
How to register
Site Members can join the Site by completing the registration online. All the information collected is stored securely, and by becoming a Site Member You acknowledge that your personal information may be displayed on this Site. You should make yourself familiar with our Privacy Policy.
Site Member conduct
We want to ensure that using the Site is the best experience possible for all Site Members. To that end, You are prohibited from any actions that may interfere with another's experience. These include, but are not limited to
- Using our systems to send unsolicited messages (SPAM)
- accessing data not intended for You
- attempting to breach authentication or login to an account You are unauthorized to access
- disrupting service to the Site by interfering with the server or network by denial of service attack (DOS), spamming, or otherwise engage in conduct that causes a threatenend or actual nuisance to Site Members.
- Forging information sent to the website or in an email, including TCP/IP packet information.
If you become Site Member, you are participating in the site community. You must conduct yourself in a manner that is in the spirit of the community. You must not post, transmit, save, or distribute any Information or material that is:
- false, inaccurate or misleading;
- fraudulent;
- infringes the privacy or intellectual or other proprietary rights of another;
- illegal;
- defamatory, libelous, threatening, or intimidating;
- obscene or contains child pornography;
- contains any viruses, Trojan horses, easter eggs, worms, time bombs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs, Web hosting company, or other suppliers; or
- creates an unauthorized link to another website
Gameshape reserves the right to edit, refuse to post, or remove any Information or material it deems as inappropriate.
Billing and Payment
You must pay for SMSs received from Twitter using our online payment system. Gameshape uses PayPal for transactions. Gameshape does not keep Site Members' credit card numbers.
Acceptance of Risk and Release from Liability
In using this Site, You accept that there are risks associated with dealing with people you have not met before and using the Information on this Site.
Gameshape disclaims all responsibility for material and Information posted on this Site and all liability (including without limitation, liability in negligence) for all expenses, losses, harm, damages or costs You incur as a result of Your use of this Site.
In using this Site, You acknowledge that Gameshape makes no warranties or representation as to the quality, accuracy or completeness of the Information provided online.
You also acknowledge that Gameshape is in no way responsible for the payment or refund of Site Members fees.
You release Gameshape (and its officers, directors, agents, affiliates, subsidiaries and employees) from claims, demands and damages (including actual, special, direct, indirect and consequential damages) arising directly or indirectly out of or in any way connected
- disputes with or acts or omissions (including negligence) of other Site Members;
- your reliance upon Information; or
- Your use of this Site generally.
Copyright
The content of this Site is protected by Australian and International copyright and other intellectual property laws. You are authorised to copy or download material on this Site for Your personal use however not if you do so for commercial or public purposes.
The twitsms logo and domain names are trademarks of Gameshape. No permission is given to reproduce the logo, and you may only create a link to this Site after first having gained Gameshape's express permission in writing.
Links to Third Party Sites
This Site may contain links to third party sites. Access to any other Internet site linked to this Site is at your own risk and Gameshape accepts no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made on such sites. Gameshape provides these links merely as a convenience and their reference does not imply an endorsement.
General
Your use of this Site will be governed by and construed pursuant to the laws of Victoria and you agree to submit to the jurisdiction of that State.
Any failure by Gameshape at any time to enforce any of the provisions of these terms and conditions or any of its rights will not be a waiver of such provisions, rights or elections or affect the validity of these terms and conditions.
If any clause or part of a clause of these terms and conditions is invalid, illegal, unlawful or otherwise being incapable of enforcement, that clause or part of a clause will be deemed to be severed and of no force and effect but all other clauses and parts of clauses of these terms and conditions will nevertheless prevail and remain in full force and effect and be valid and fully enforceable. No clause or part of a clause of these terms and conditions will be construed to be dependent upon any other clause or part of a clause unless so expressed.
Termination
Gameshape may terminate your Site Membership at any time during the Term in its absolute discretion by giving written notice of termination to you. Gameshape will not refund money for unused credit under any circumstances.