We are MessageUniverse LLC
(
"Company," "
we," "us," "our"
)
, a company registered in South Bend Indiana, United States IN 46614
We operate the website
https://forreelsies.com
(the "Site"
)
, as well as any other related products
and services that refer or link to these legal terms (the
"Legal Terms"
) (collectively, the
"Services"
).
The MessageUniverse application provides an interface in which the sender performs
the following actions in sequence:
- The sender creates or opens a contact profile within the application to add the contact to a new message (repeatable process for multiple contacts).
- The sender composes a message intended for that contact or contacts.
- Before sending, the sender has the option to activate a "hereditary rights" option, which flags the contact as a designated descendant or authorized family-line recipient.
- The sender confirms and sends the message. The system delivers the message exclusively to the designated contact or contacts.
- The designated contact or contacts receive the message with permissions to view and share the message as designated by the sender; and if they were elected as a descendant, they receive an inherited right — meaning they are legally permitted to preserve and pass the message to their own descendants, but cannot share it outside of the defined hereditary line without explicit authorization.
The MessageUniverse application maintains the following process for receiving
messages
- The recipient of any message opts-in to receive the message either by phone or email and has the ability to block the sender from sending future messages.
- The receiver is allowed only to view any message as designated by the view date and time by the sender
- All messages are viewable for free for any recipient after the designated view date and time by the sender.
- Subjects of messages are hidden by default and recipients of messages have the option to upgrade to a paid account that allows them to view subjects.
You can contact us by email at
[email protected]
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("
you"), and
MessageUniverse LLC, concerning your
access to and use of the Services. You agree that by accessing the Services, you
have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU
DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you
are using. The modified Legal Terms will become effective upon posting or
notifying you by
[email protected]
, as stated in the email message. By continuing to use the Services after the
effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years of
age. The Services are not directed to, and may not be used by,
anyone under the age of 18. By using the Services you represent that
you are 18 years of age or older. AI features that transform photos,
video, or voice (for example, Muthos Storybooks and Cookbooks,
Muvies, and voice playback) may only be used by adults 18 or older;
where such content includes a person under 18, you represent that you
are that person's parent or legal guardian and consent on their behalf.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution
to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject
us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from other locations
do so on their own initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use the Services. You may not use the Services in a way that
would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"
), as well as the trademarks,
service marks, and logos contained therein (the
"Marks"
).
Our Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties
in the United States and
around the world.
The Content and Marks are provided in or through the Services
"AS IS"
for your
personal, non-commercial use or internal
business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"
PROHIBITED ACTIVITIES
"
section below, we grant you a
non-exclusive, non-transferable, revocable
license
to:
- access the Services
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set
out in this section or elsewhere in our Legal Terms, please address your request
to:
[email protected]
. If we ever grant you the permission to post, reproduce, or publicly display any
part of our Services or Content, you must identify us as the owners or licensors
of the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach
of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "
PROHIBITED ACTIVITIES
"
section carefully prior to
using our Services to understand the (a) rights you give us and (b) obligations
you have when you post or upload any content through the Services.
Submissions:
By directly sending us any question, comment, suggestion, idea, feedback, or other
information about the Services (
"Submissions"
), you agree to assign to us
all intellectual property rights in such Submission. You agree that we shall own
this Submission and be entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation to
you.
Contributions:
The Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality during which you may
create, submit, post, display, transmit, publish, distribute, or broadcast content
and materials to us or through the Services, including but not limited to text,
writings, video, audio, photographs, music, graphics, comments, reviews, rating
suggestions, personal information, or other material (
"Contributions"
). Any Submission that is
publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services
.
When you post Contributions, you grant us a
license
(including use of your name,
trademarks, and logos):
By posting any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and
license to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part), and
exploit your Contributions (including, without limitation, your image, name, and
voice) for any purpose, commercial, advertising, or otherwise, to prepare
derivative works of, or incorporate into other works, your Contributions, and to
sublicense the licenses
granted in this section. Our
use and distribution may occur in any media formats and through any media
channels.
This license
includes our use of your
name, company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions
through any part of the
Services or making Contributions
accessible through the Services by linking your account through the Services to
any of your social networking accounts,
you:
- confirm that you have read and agree with our " PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions ; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions
and/or Contributions
and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of (a)
this section, (b) any third party’s intellectual property rights, or (c) applicable
law.
We may remove or edit your Content: Although we have no obligation
to monitor any Contributions, we shall have the right to remove or edit any
Contributions at any time without notice if in our reasonable opinion we consider
such Contributions harmful or in breach of these Legal Terms. If we remove or edit
any such Contributions, we may also suspend or disable your account and report you
to the authorities.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(
1
) all registration information you submit will be true, accurate, current,
and complete; (
2
) you will maintain the accuracy of such information and promptly update
such registration information as necessary;
(
3
) you have the legal capacity and you agree to comply with these Legal Terms;
(
4
) you are at least 18 years of age;
(
5
) you are not a minor in the jurisdiction in which you reside
(the Services are for adults 18 and older)
; (
6
) you will not access the Services through automated or non-human means, whether
through a bot, script or otherwise; (
7
) you will not use the Services for any illegal or
unauthorized
purpose; and (
8
) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep
your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
-
Visa
-
Mastercard
-
American Express
-
Discover
You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further agree to promptly
update account and payment information, including email address, payment method,
and payment card expiration date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the price of purchases as deemed
required by us. We may change prices at any time. All payments shall be
in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and
any applicable shipping fees, and you
authorize
us to charge your chosen
payment provider for any such amounts upon placing your order. We reserve the
right to correct any errors or mistakes in pricing, even if we have already
requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in
our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or under
the same customer account, the same payment method, and/or orders that use the
same billing or shipping address. We reserve the right to limit or prohibit orders
that, in our sole judgment
, appear to be placed by
dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and
automatically renew unless canceled
. You consent to our charging
your payment method on a recurring basis without requiring your prior approval for
each recurring charge, until such time as you cancel the applicable order.
The length of your billing cycle
is monthly for any subscription plan you
choose
.
Additional storage space can
be aquired as an add-on to your account and requires a paid subscription. All
additional storage add-on packages do not expire and are not subject to the
billing cycle of your subscription.
Cancellation
All purchases are non-refundable.
You can cancel your subscription at any
time by logging into your account. Your
cancellation will take effect at the end of the current paid term. If you have any
questions or are unsatisfied with our Services, please email us at
[email protected]
.
Fee Changes
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which
we make the Services available. The Services may not be used in connection with
any commercial endeavors
except those that are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs" ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms" ).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses .
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- No messages or content within messages in conjunction with the message from MessageUniverse can be shared beyond their designated contacts and rights established by the sender.
- Screenshots, copies, and photo imaging of messages is prohibited, all messages must be viewed using the MessageUniverse application
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions,
or personal information or other material (collectively,
"Contributions").
Contributions may be viewable by other users of the Services and
through third-party websites. As such, any Contributions you transmit
may be treated as non-confidential and non-proprietary. When you
create or make available any Contributions, you thereby represent and
warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses , rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous , slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal
Terms and may result in, among other things, termination or suspension of
your rights to use the Services.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services
or making Contributions accessible to the Services by linking your
account from the Services to any of your social networking accounts
, you automatically grant, and you represent and warrant that you have the
right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license to host, use,
copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice) for any
purpose, commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions, and grant and
authorize sublicenses
of the foregoing. The
use and distribution may occur in any media formats and through any media
channels.
This
license
will apply to any form,
media, or technology now known or hereafter developed, and includes our use
of your name, company name, and franchise name, as applicable, and any of
the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights
or other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided
by you in any area on the Services. You are solely responsible for your
Contributions to the Services and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact,
or otherwise change any Contributions; (2) to
re-categorize
any Contributions to
place them in more appropriate locations on the Services; and (3) to
pre-screen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your Contributions.
As part of the functionality of the Services, you may link your account with
online accounts you have with third-party service providers (each such
account, a "Third-Party Account"
) by either: (1)
providing your Third-Party Account login information through the Services;
or (2) allowing us to access your
Third-Party
Account, as is permitted under the applicable terms and conditions that
govern your use of each
Third-Party
Account. You represent and warrant that you are entitled to disclose your
Third-Party
Account login information to us and/or grant us access to your
Third-Party
Account, without breach by you of any of the terms and conditions that
govern your use of the applicable
Third-Party
Account, and without obligating us to pay any fees or making us subject to
any usage limitations imposed by the third-party service provider of the
Third-Party
Account. By granting us access to any
Third-Party
Accounts, you understand that (1) we may access, make available, and store
(if applicable) any content that you have provided to and stored in your
Third-Party
Account (the "Social Network
Content"
) so that it is
available on and through the Services via your account, including without
limitation any friend lists and (2) we may submit to and receive from your
Third-Party
Account additional information to the extent you are notified when you link
your account with the
Third-Party
Account. Depending on the
Third-Party
Accounts you choose and subject to the privacy settings that you have set in
such Third-Party
Accounts, personally identifiable information that you post to your
Third-Party
Accounts may be available on and through your account on the Services.
Please note that if a
Third-Party
Account or associated service becomes unavailable or our access to such
Third-Party
Account is terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the Services. You
will have the ability to disable the connection between your account on the
Services and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network Content for any
purpose, including but not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book
associated with a Third-Party
Account and your contacts list stored on your mobile device or tablet
computer solely for purposes of identifying and informing you of those
contacts who have also registered to use the Services. You can deactivate
the connection between the Services and your
Third-Party
Account by contacting us using the contact information below or through your
account settings (if applicable). We will attempt to delete any information
stored on our servers that was obtained through such
Third-Party
Account, except the username and profile picture that become associated with
your account.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against anyone who,
in our sole discretion, violates the law or these Legal Terms, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the availability
of, or disable (to the extent technologically feasible) any of your Contributions or
any portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and content that
are excessive in size or are in any way burdensome to our systems; and (5) otherwise
manage the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:
https://forreelsies.com/privacy
. By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted in
the
United States
. If you access the Services from any other
region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in
the
United States
, then through your continued use of the
Services, you are transferring your data to
the
United States
, and you expressly consent to have your
data transferred to and processed in
the
United States
.
Further, we do not knowingly accept, request, or solicit information from
children or knowingly market to children. Therefore, in accordance with the
U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge
that anyone under the age of 13 has provided personal information to us
without the requisite and verifiable parental consent, we will delete that
information from the Services as quickly as is reasonably practical.
13. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO,
IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON
OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or
the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at
any time or for any reason at our sole discretion without notice. However, we have
no obligation to update any information on our Services.
We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at
any time or for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by your inability
to access or use the Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in
connection therewith.
15. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in
accordance with the laws of
the State of
Indiana
applicable to agreements made and to be entirely performed within
the State of
Indiana
,without regard to its conflict
of law principles.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes"
) brought by either you or us
(individually, a
"Party" and collectively, the "Parties"
), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least sixty (60)
days before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the
Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and
conducted under the Commercial Arbitration Rules of the American Arbitration
Association ("AAA"
) and, where appropriate, the
AAA’s Supplementary Procedures for Consumer Related Disputes (
"AAA Consumer Rules"
), both of which are available
at the
American Arbitration Association (AAA) website
. Your arbitration fees and your share of arbitrator compensation shall be governed
by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator will make a
decision in writing, but need not provide a statement of reasons unless requested by
either Party. The arbitrator must follow applicable law, and any award may be
challenged if the arbitrator fails to do so. Except where otherwise required by the
applicable AAA
rules or applicable law, the arbitration will
take place in
Saint Joseph,
Indiana
. Except as otherwise provided
herein, the Parties may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by
the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute
shall be commenced or prosecuted in the
state and federal courts
located in
Saint Joseph
,
Indiana
, and the Parties hereby consent to, and waive all
defenses
of lack of personal
jurisdiction, and forum non conveniens with respect to venue and jurisdiction in
such
state and federal courts
. Application of the United
Nations Convention on Contracts for the International Sale of Goods and the Uniform
Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by
either Party related in any way to the Services be commenced more than
one (1) years after the cause of action arose.
If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any Dispute
to be arbitrated on a class-action basis or to
utilize class action procedures;
and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes
are not subject to the above provisions concerning informal negotiations binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized
use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.
17. CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Services at any time, without
prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE
six (6)
mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Services; (
3) breach of these Legal Terms; (
4) any breach of your representations
and warranties set forth in these Legal Terms; (
5) your violation of the rights of a
third party, including but not limited to intellectual property rights; or (
6) any overt harmful act toward any
other user of the Services with whom you connected via the Services. Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the exclusive
defense
and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your expense,
with our defense
of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use of
the Services. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Services, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
23. SMS TEXT MESSAGING
Program Description
By opting into any MessageUniverse
text messaging program, you expressly consent to receive text messages (SMS) to your
mobile number. MessageUniverse text
messages may include:
account alerts
.
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to
the text with "STOP."
You may receive an SMS
message confirming your opt out. After this, you will no longer receive SMS
messages from us. If you want to join again, please sign up as you did the first
time and we will start sending SMS messages to you again.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or
received. The rates are determined by your carrier and the specifics of your mobile
plan. Carriers are not liable for delayed or undelivered messages. If you have any
questions about your text plan or data plan, contact your wireless provider.
Support
If you have any questions or need assistance regarding our SMS communications,
please reply with the keyword HELP. You can also email us at
[email protected]
or call at
+1 231-674-3766
.
If you have any questions regarding
privacy, please read our Privacy Policy:
https://forreelsies.com/privacy
.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services
or in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of
these Legal Terms shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We may assign any or
all of our rights and obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause beyond
our reasonable control. If any provision or part of a provision of these Legal Terms
is determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that these Legal Terms
will not be construed against us by virtue of having drafted them. You hereby waive
any and all defenses
you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties hereto
to execute these Legal Terms.
26. USER RESPONSIBILITY FOR MESSAGE CONTENT
By using this application, you acknowledge and agree that you choose to open and
read messages at your own discretion and risk. Our application is not responsible
for any emotional distress, trauma, or harm that may result from the content of
messages you receive from other users. You understand that: Opening and reading
any message is a voluntary action you undertake on your own. You are solely
responsible for your decision to view message content. Our application provides
blocking and reporting tools to help you prevent unwanted messages from specific
senders. It is your responsibility to use these tools to manage your messaging
experience. We encourage all users to utilize the available blocking features if
they receive unwanted or distressing communications.
27. FUTURE-DATED MESSAGES AND DECEASED USERS
By using MessageUniverse's future-dating feature, you acknowledge and agree that:
MessageUniverse does not track, monitor, or receive notifications regarding user
deaths, obituaries, or changes in a user's living status. Future-dated messages
will be delivered on their scheduled date regardless of whether the sender is
still alive or active on the platform. You may receive messages from users who are
deceased at the time of delivery. MessageUniverse has no means of determining a
user's state of being and cannot prevent delivery of messages from deceased users.
You understand that receiving a message from a deceased sender may cause emotional
distress, and you accept this risk by using the future-dating feature. It is your
responsibility to manage your expectations and emotional well-being when using
this feature. You may use blocking tools at any time to prevent future messages
from specific senders, including scheduled future-dated messages that have not yet
been delivered.
28. CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
MessageUniverse LLC
1143 E. IRELAND RD. STE 1248
SOUTH BEND
,
IN
46614
United States
Phone:
+1 231-674-3766
29. SMS PROGRAM TERMS
If you opt in to receive SMS messages from MessageUniverse (for account
verification, message notifications, and reminders), your use of our SMS program is
governed by these Terms and by our
Privacy Policy
. Written consent is collected in two locations: during account signup when a phone
number is provided, and in your account profile settings (Contact Info) when you add
or update your phone number. The same disclosure text and standalone opt-in checkbox
appear at both locations.
Message frequency varies. Message and data rates may apply. You can reply
STOP to any message from us to opt out at any time, or reply
HELP for assistance. Consent to receive SMS is not a condition of
any purchase, and you may use the Services without providing a mobile number.
We do not sell, rent, or share mobile information (including phone numbers and SMS
opt-in consent) with third parties or affiliates for marketing or promotional
purposes. See our
SMS Policy
for the full consent disclosure.
10. SOCIAL MEDIA