Terms of Service

Last Updated: July 16th, 2017

By accessing and/or using our messaging applications and services called Second Texting Number (our “Services”), which are owned or operated by Alloy Studios, LLC, (“the Company”), you are accepting and agreeing to be bound by the terms and conditions below (the “Terms”).

Certain features of our Services may be subject to additional guidelines, terms, or rules, which will be posted with those features and we reserve the right to modify, suspend, or discontinue these Services (or any portions of them) at any time.

Privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

Using Our Services

As long as you comply with these Terms, you may use our Services for your personal, non-commercial purposes.

Mobile App. When you download our software app from the Apple App Store, Google Play or other app store or app distribution platform (an “App Store”), you acknowledge and agree that:

  • These Terms are concluded between us, and not with the App Store, and that we (not the App Store), are responsible for our software app.
  • The App Store has no obligation to furnish any maintenance and support services with respect to our software app or handle any warranty claims.
  • The App Store is not responsible for addressing any claims you have relating to our software app, such as, product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our software app fails to conform to any applicable legal or regulatory requirement.
  • The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our software app through their App Store).
  • You must also comply with the App Store’s terms of service when using our software app.

Acceptable Use and Conduct

You are responsible for your conduct when using our Services and you agree that you will use our Services in compliance with all applicable laws and regulations.

Prohibited Conduct. You agree that you will not engage in (or encourage) any Prohibited Conduct in connection with your use of our Services. “Prohibited Conduct” means doing things like:

  • interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services;
  • restricting or inhibiting any other user from using and enjoying the Services;
  • promoting, encouraging, advocating, or providing instructional information about illegal activities;
  • harassing, bullying or threatening other users;
  • impersonating another person or representing yourself as affiliated with us, our staff or other industry professionals;
  • soliciting passwords, account information or other personal information from other users;
  • except as approved by us in writing, conducting commercial activities and/or promotions or advertisements;
  • subleasing your account or offering access to your account to others;
  • using the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties; or
  • violating these Terms or creating liability for us.

Prohibited Content. You agree that you will not send any Prohibited Content. “Prohibited Content” means content that:

  • is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • bullies, defames, harasses or advocates stalking of, or intimidates another person;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or “spamming;”
  • is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • is threatening, including threats directed at minors, threats against another individual or their family or friends;
  • is shared for sadistic effect or to celebrate or glorify violence;
  • is obscene, pornographic, or explicitly sexual;
  • infringes another person’s content without a license to do so;
  • promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work, whether it is protected or not, such as, presenting the work of a third party as your own (plagiarism) or providing pirated music, videos, or movies, or links to such content;
  • contains viruses, Trojan horses, worms, time bombs, or similar software; or
  • violates these Terms or creates liability for us.

Content You Provide. You are responsible for the content (like the text and images) that you transmit through our Services (your “Content”), including its legality, reliability, and appropriateness. You may not transmit Content that you don’t have the right to publish. Your Content remains your Content. By sharing your Content through our Services, you give us the right and license to use, reproduce, publish, display, distribute, and transmit your Content to provide you with our Services and to make your Content available to other users who you authorize to access and/or view your Content, subject to these Terms.

Enforcement by Us. We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms or is Prohibited Content, or that we believe is or promotes Prohibited Conduct or threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your device ID or IP address, usage history, your Content, and your conduct.

Other Services

Our Services may contain links to content, products or services provided by other people and businesses, which are not under our control and we are not responsible for their content, services, performance, operation, availability, business practices or policies (including their privacy and data gathering practices). We are providing these products and services only as a convenience but we do not imply any endorsement or recommendation of their product or services, or of any association of us with them. Access or use of their products and services, is at your own risk and any charges or obligations you incur in your dealings with them is your responsibility.

Ownership

You acknowledge that all intellectual property rights in our Services, including the underlying software and technology and the information and content available on our Services are owned by us and our suppliers (including other users), are protected by copyright laws throughout the world. We and our suppliers (including other users) reserve all rights not granted in these Terms. We may use any suggestions, ideas, feedback, or recommendations you give to us about our Services for any purpose and without any obligation to you.

Termination

We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. When your account is terminated, you will no longer be able to access or use the Services through your account.

Disclaimer

Your access and use of our Services is at your own risk. You agree that any Content you submit or receive through our Services is done at your own discretion and risk. We are not responsible for the content provided by, or the conduct of, any user and you bear the entire risk of using the Services and any interactions with other users. Our Services are provided on an “AS IS” and “AS AVAILABLE” basis and we do not represent, warrant, or guarantee that the Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR CURRENTNESS. If applicable law requires any warranties with respect to our Services, all such warranties are limited in duration to thirty (30) days from the date of your first use of our Services.

Indemnification

You agree to defend, indemnify, and hold us harmless from any claim, liability, loss, injury, damage, cost, or expense (including attorneys’ fees) incurred by us arising out of or relating to (a) your use of the Services (other than in accordance with these Terms), (b) any Content you provide, or (c) your violation or breach of any provision in these Terms.

Limitation of Liability

WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES AND IN NO EVENT WILL IT EXCEED $50. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Exclusions

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.

Contacting Us

If you have any questions about these Terms, please contact us at support@alloyapps.com.