Terms of Service
Last modified October 2, 2008
1. Acceptance of Terms
THIS DOTGO TERMS OF SERVICE AGREEMENT (the "TOS") IS A LEGAL AGREEMENT BETWEEN YOU AND SCIENTIFIC MEDIA, INC., DBA DOTGO ("DOTGO"). YOU SHOULD CAREFULLY READ THE TOS. BY USING THE DOTGO SERVICE (the "Service") YOU ARE INDICATING YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY ALL OF THE TERMS OF THE TOS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THE TOS, THEN YOU MAY NOT USE THE SERVICE.
DOTGO may modify or revise the TOS from time to time without notice to you. Although DOTGO may attempt to notify you when major changes are made to the TOS, you should visit this page periodically to review the TOS. Modifications and/or revisions of the TOS will be effective when posted on this page. By continuing to use the Service after such modifications and/or revisions are posted, you agree to be bound by such modifications and revisions.
2. Description of service
The Service provides a way to send and receive information by cell-phone text messaging using the DOTGO websites and/or the DOTGO authorized short codes and long codes. You understand and agree that the Service may include advertisements and that these advertisements are necessary for DOTGO to provide the Service. You also understand and agree that DOTGO may, at its sole discretion, modify the Service at any time and that DOTGO reserves the right to change the number of free text messages and any other free goods and services offered by DOTGO and/or to eliminate free goods and services offered by DOTGO in their entirety. You also understand and agree that the Service may include certain communications from DOTGO, such as service announcements and administrative messages, and that these communications are considered part of the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to the TOS. You understand and agree that the Service is provided to you on an "AS-IS" basis and that DOTGO assumes no responsibility for the timeliness, deletion, invalid delivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access and subsequent usage may involve third party fees (such as Internet service provider, mobile telephone subscription, text message reception, and air time charges). You are solely responsible for all such third party fees. In addition, you must provide and are responsible for all equipment needed to access and use the Service.
3. Your registration obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or DOTGO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DOTGO has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The Service is not designed for or directed to children under the age of 13. Children under the age of 13 may not use the Service.
5. Member account, password, and security
Your chosen password and account designation will be active upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account designation and are fully responsible for all activities that occur under your password or account designation. You agree to (a) immediately notify DOTGO of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Without limitation to any other provision of the TOS, DOTGO cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. Member conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not DOTGO, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. DOTGO does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will DOTGO be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, text message, email, transmit, or otherwise make available any adult Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a DOTGO official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, text message, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, text message, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
g. upload, post, text message, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, text message, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any mobile telephone, mobile device, computer software or hardware, or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that DOTGO may or may not pre-screen Content, and that DOTGO and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, DOTGO and its designees will have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content on the Service.
You acknowledge, consent, and agree that DOTGO may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any subpoena or other legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of DOTGO, its users, and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by DOTGO and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. Special admonitions for international use
Recognizing the global nature of both the Internet and telecommunications networks, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. Content submitted or made available for inclusion on the service
DOTGO does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant to DOTGO the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service and elsewhere for the purpose for which such Content was submitted or made available and also for the purpose of providing and promoting the Service to which such Content was submitted or made available.
With respect to Content other than photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Service that are intended by DOTGO to be available to the general public. For example, publicly accessible areas of the Service include those portions of the Service that are open to both members and visitors. Publicly accessible areas of the Service do not include portions of the Service that are expressly restricted to certain members.
You agree to indemnify and hold DOTGO, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. Mnemonic designations and attribution
If you are a publisher adopting the Service for use with your web site, you agree that whenever you refer to the DOTGO-authorized short and long codes in connection with any use you make of the Service you will use DOTGO-specified mnemonic designations as well as numeric designations. In particular, you agree that you will refer to the short code 368266 as "DOTCOM (368266)," the short code 368638 as "DOTNET (368638)," and the short code 368674 as "DOTORG (368674)."
You agree that whenever you provide integrate with or provide access to the Service from your web site or otherwise you will provide attribution using a DOTGO approved icon at, on, or adjacent to the link or other point of access to the DOTGO service.
11. No resale of service
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the Service (including your DOTGO I.D., account, account designation, password, and other DOTGO information), use of the Service, or access to the Service.
12. General practices regarding use and storage
You acknowledge that DOTGO may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that text messages, email messages, postings, or other uploaded Content will be retained by the Service, the maximum number of text messages and email messages that may be sent from or received by an account on the Service, the maximum size of any text message or email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on DOTGO servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that DOTGO has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that DOTGO reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that DOTGO reserves the right to modify these general practices and limits from time to time.
13. Modifications to service
DOTGO reserves 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. You agree that DOTGO will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that DOTGO may, under certain circumstances and without prior notice, immediately terminate your DOTGO account, any associated text message address and/or email address, and access to the Service. Cause for such termination will include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) your engagement in fraudulent, illegal or improper activities, and/or (h) non-payment of any fees owed by you in connection with the Services. Termination of your DOTGO account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files, and Content associated with or inside your account (or any part thereof), and (c) barring your further use of the Service. You further agree that all terminations for cause will be made in DOTGO's sole discretion and that DOTGO will not be liable to you or any third-party for any termination of your account, any associated text message address, email address, or access to the Service.
15. Dealings with advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that DOTGO will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
16. Premium Services
If you purchase any services that we offer for a charge, you agree to pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts. While monthly subscriptions to premium services may be cancelled at any time, monthly subscription payments are non-refundable.
The Service may provide, or third parties may provide, links to other websites or resources. Because DOTGO has no control over such sites and resources, you acknowledge and agree that DOTGO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
18. DOTGO proprietary rights
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in whole or in part. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
19. Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOTGO EXPRESSLY DISCLAIMS 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.
b. DOTGO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. DOTGO seeks to provide a high level of service and to route and deliver incoming and outgoing messages as rapidly as possible. But because there are many parties involved (including the user, the user's cell-phone carrier, the SMS aggregator, and the destination address), DOTGO CAN MAKE NO GUARANTEES REGARDING DELIVERY TIME OR EVEN OF DELIVERY.
d. Although DOTGO uses commercially reasonable efforts to route and deliver incoming and outgoing messages as rapidly as possible, DOTGO IS NEITHER DESIGNED NOR INTENDED TO BE USED FOR CRITICAL COMMUNICATION.
e. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
f. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOTGO OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
20. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOTGO WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DOTGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) DELAY OR FAILURE IN THE DELIVERY OF A MESSAGE. OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
21. Exclusions and limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
22. No third party beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there will be no third party beneficiaries to this Agreement.
DOTGO may provide you with notices, including those regarding changes to the TOS, by text message, e-mail, regular mail, or postings on the Service.
24. Trademark information
The trademarks, service marks, logos and product and service names of DOTGO are trademarks of DOTGO (the "DOTGO Marks"). You agree not to display or use in any manner, the DOTGO Marks without DOTGO's express prior permission.
25. Notice and procedure for making claims of copyright or other intellectual property infringement
DOTGO respects the intellectual property of others, and it expects its users to do the same. DOTGO may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to DOTGO's Copyright Agent:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
DOTGO's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
26. General information
The TOS constitutes the entire agreement between you and DOTGO and governs your use of the Service, superseding any prior agreements between you and DOTGO with respect to the Service. Except as expressly set forth in Section 1, the TOS may be modified only in writing signed by DOTGO.
Choice of law and forum
The TOS and the relationship between you and DOTGO will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and DOTGO agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Suffolk, New York.
Waiver and severability of terms
The failure of DOTGO to exercise or enforce any right or provision of the TOS will not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No right of survivorship and non-transferability
You agree that your DOTGO account is non-transferable and any rights to your DOTGO I.D., account, account designation, password, or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
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 the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our support department as follows: