FlyByTxtAccess to, and use of ExoDolphin's website located at flybytxt.com (the “Site”) and other ExoDolphin services (together with access to, and use of the Site, the “Service”) are subject to the following Terms of Service (these “Terms”) and subject to our Privacy Policy. Please read these Terms carefully. Creating an account with ExoDolphin or otherwise accessing or using the Service will signify that you have read, understood, and agreed to be bound by these Terms and to comply with all applicable laws and regulations. These Terms constitute a binding agreement between you and ExoDolphin Ltd (“ExoDolphin” or “we” or "our"). If you do not agree to these Terms, you should not use the Service.
These Terms contain warranty disclaimers and other provisions that limit the liability of ExoDolphin. Please read these Terms in their entirety.
Description Of Service
The Service is operated by ExoDolphin, and includes the Site through which you order, subscribe to and receive services to create and send Fax (collectively, the "Fax").
Your Account
Specifics areas of the Service are available only to individuals who have registered with and obtained a password from ExoDolphin. By registering with ExoDolphin, you certify that you are at least 18 years of age. You may not provide or use a password, email address, or any other information of anyone else in connection with the Services. You agree to provide true, accurate, current and complete information about yourself when you register with ExoDolphin, and to maintain and promptly update that information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including the selection, licensing and use of all content and services.
User Conduct
You may only use the Service for lawful purposes and in accordance with these Terms, any operating rules established by ExoDolphin from time to time. ExoDolphin reserves the right to refuse service, terminate accounts, or cancel orders at any time in its sole discretion, including, without limitation, based on any activity by a subscriber in violation of these Terms or applicable laws and regulations.
International Users
The Service is controlled, operated and administered by ExoDolphin from its offices located within London and servers located in Europe. If you access the Service from a location outside the London, you are responsible for compliance with all applicable local laws and regulations. You agree that you will not use the Service or any Fax accessed through the Service in any country or in any manner prohibited or any other applicable laws or regulations.
Intellectual Property
All content included as part of the Service, such as text, graphics, logos, button icons, images, as well as compilations thereof, and all software used on the Site, is the property of ExoDolphin or its suppliers or licensors, and is protected by London law, and applicable international laws and treaties, including without limitation copyright and other laws and treaties that protect intellectual property and proprietary rights. It is also protected in the county in which ExoDolphin provides its service. You agree to observe and abide by all such applicable laws and treaties, and to not alter, obscure or remove any copyright and other proprietary notices, legends (whether outlining restrictions on use or otherwise) contained in any such content.
Except as explicitly required under applicable copyright laws and treaties or permitted by the features of the Service and ExoDolphin Reader software, you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party access to the content of the Site, the Fax, or any portion of them without the express permission of ExoDolphin and the owner of such content.
We do not grant you any licenses, express or implied, to the intellectual property of ExoDolphin or our licensors except as expressly authorized by these Terms.
Third-Party Content
ExoDolphin is a distributor (not a publisher) of the Fax. Accordingly, we have no editorial control over the Fax. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or publisher(s) and not of ExoDolphin. ExoDolphin does not guarantee the accuracy, completeness, truthfulness, or usefulness of all or any portion of it or any services or offers made by third parties, nor will we be liable for any loss or damage caused by your reliance on information contained in any Fax, or your use of services offered, or your acceptance of any offers made through the Service.
The Service may contain links to other Internet sites and third-party resources. ExoDolphin does not assume any responsibility or liability for communications or materials available through such linked sites. These links are provided for your convenience only. You are solely responsible for understanding any terms and conditions that may apply when you visit or place an order for products or services through, or otherwise use a third-party site.
Modifications To Service
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. Your continued use of the Service shall serve as your consent to any such modifications to the Service. You agree that ExoDolphin shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Disclaimer Of Warranties
The Service and all Fax are provided “as is” and “as available” basis. ExoDolphin, its affiliates, suppliers, licensors and agents expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, neither ExoDolphin nor its affiliates, suppliers, publishers, licensors or agents, makes any warranty that (A) the Service will meet your requirements, (B) the Service will be uninterrupted, timely, secure, or error-free, (C) the information that may be obtained from the use of the Service or that may be contained in the Fax will be accurate or reliable, or (D) the quality of the Service will meet your expectations.
You are solely responsible for obtaining and maintaining reliable internet connectivity. ExoDolphin is not responsible for your inability to download or otherwise access content.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such material. No advice or information, whether oral or written, obtained by you from ExoDolphin or through or from the Service shall create any warranty.- Limitation Of Liability
To the maximum extent permitted by applicable law, neither ExoDolphin nor its affiliates, suppliers licensors, or agents be liable under any theory of law, for any indirect, incidental, punitive, or consequential damages. To the maximum extent permitted by applicable law, the aggregate liability of ExoDolphin for claims arising from your use of the service or otherwise shall be limited to the fees paid by you to ExoDolphin for the portion of the Service giving rise to the claim.
Indemnification
You agree to defend, indemnify and hold harmless ExoDolphin, its licensors, suppliers and any third-party content providers and their respective directors, officers, employees and agents from and against all claims, losses, expenses, damages and costs, including attorney's fees, arising out of or resulting from (A) your use of the Service, (B) your violation of these Terms, or (C) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.
Monitoring
ExoDolphin retains the right, but not the obligation, to monitor the Service to determine compliance with these Terms and any operating rules established by ExoDolphin, to insure accurate and proper delivery and functionality of the Services, and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we retain the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of ExoDolphin's or its licensors' obligations.
Termination
ExoDolphin may terminate the Service at any time. Without limiting the foregoing, ExoDolphin may, in its sole discretion and without liability, terminate your password, or the use of the Service for any reason, including, without limitation, if ExoDolphin believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and ExoDolphin may immediately deactivate or delete your account and all related information and/or bar any further access to the Service. Sections 2, 4, 5, 6 and 8 through 17 shall survive termination of these Terms.
Subscriptions
Certain of our Services are offered on a subscription basis ("Subscription"). A valid credit card or other payment method ("Billing Method") accepted by ExoDolphin is required at the time of registration for such Services, and you agree to be billed periodically, based on the length of your Subscription. You agree to keep all Billing Method and other required information current. All Subscriptions will include "Continuous Service" which enables you to receive uninterrupted access to such Service, until you cancel your Subscription. You will be billed automatically, at the end of your then-current offer terms applicable to that Service. You will be billed each month on the calendar day that your Subscription commenced. Where your Subscription began on a day not contained in a given month, you will be billed on the last day of such month. If your Billing Method has expired at the time of Subscription renewal, ExoDolphin may immediately suspend, deactivate or delete your account and access to the Service. You may cancel a Subscription at any time. Where the Subscription is for access to ExoDolphin Unlimited, such access will continue until the end of the then-current subscription period and no refund will be offered.
- ExoDolphin Unlimited
ExoDolphin Unlimited allows you to access a selection of Fax only while you have an active Subscription. Upon cancellation of your Subscription, you will no longer have any rights to access any Fax downloaded or otherwise accessed while your Subscription was active.
- Free Trials
If you purchase a Subscription to a Service that includes a free trial, you will receive free access to the Fax during the free trial period. If you cancel the Subscription during the free trial period, you will not be billed. If you do not cancel the Subscription during the free trial period, you will be billed at the end of the free trial period for the first Subscription period occurring thereafter applicable to the Service that you purchased. Free trials are limited to one per user per Service.
Pricing And Tax
All pricing featured on the Site includes VAT, GST or sales tax, if due, at the time your transaction is completed. No customers are eligible for the tax exemptions for transactions made on the Service.
All pricing and tax on the ExoDolphin iPad and iPhone apps will follow Apple's iTunes Terms and Conditions.
Facebook Connect And Passive Sharing
You can register on ExoDolphin, if available on the specific Site in which you want to register yourself, using your Facebook account. For security reasons, ExoDolphin will not access your Facebook password. ExoDolphin will only access the Facebook information that you permit to be shared with us in order to facilitate ExoDolphin account creation and to provide you with more targeted communications and promotions. Also, ExoDolphin is compliant with Facebook guidelines and will not publish any reading or sharing action on your Facebook timeline without your permission. You can remove any read action to Facebook from the ExoDolphin website, at any time. If you allow ExoDolphin to publish on your timeline, there will be a delay of 10 seconds before any action is published, and you will be notified when it occurs.
Miscellaneous
These Terms and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between ExoDolphin and you with respect to your use of the Service and supersede all previous written or oral agreements between us with respect to the subject matter hereof. These Terms shall be governed by the statutes and laws of the London, without regard to the conflicts of laws principles thereof, and the parties submit to the exclusive jurisdiction of London with respect to any dispute arising under or relating to your use of the Service or these Terms. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Notification Of Changes
From time to time, ExoDolphin may revise these Terms and our Privacy Policy to keep them up to date with ExoDolphin's products and services. Please refer to the Site periodically for any changes. The update date first written above is used to alert you to recent modifications. Your access or use of the Site or the Service subsequent to such an update will signify your consent to be bound by such changes.
Our Address
ExoDolphin Ltd
71-75 Shelton Street
London
WC2H 9JQ
United Kingdom
+44 7418 322941