- PLEASE NOTE: YOU MUST HAVE AN ACTIVE MOBILE PHONE CONECTION IN INDIA IN ORDER TO USE OUR WEB SITE.
- The following are the Terms and Conditions of this Agreement for the use of services offered by SMS Country through www.viewbestads.com ("VBA", "VBA website", "VBA products and/or services", "the Products and/or Services", "the Products" or "the Services") to the User ("User" or "Users"). Any User availing the Products and/or Services and/or any part thereof shall invariably be bound by these Terms and Conditions.
VBA PRODUCTS AND/OR SERVICES
- The Products and/or Services offered on VBA website consist of, but not limited to, sending free SMS of up to 80 characters. The Products and/or Services consist of an internet browser interface, WAP interface, J2ME application, data encryption, data transmission, data access, data storage and, if applicable, synchronisation software and/or application programming interface access.
- The Users shall be held responsible for obtaining and maintaining all computer hardware, software and communications equipment that are needed to access the Products and/or Services, and for paying all the chargeable access charges (e.g., ISP, telecommunications) that are incurred while using the Products and/or Services.
- To access and use VBA Products and/or Services, Users need to have a VBA Account ("account"). For this account, the User need to complete a simple one-time registration process by providing all current, complete and accurate information as prompted by the Registration Form. Entering inaccurate details might result in suspension or blockage of the account. The User has to choose his/her unique "username" (not less than three characters) & password. The User can then access the VBA website using the combination of his/her "username" and "password".
- Account Tied to Mobile Number - The account you are opening by accepting this Agreement is tied to the mobile phone number you enter during the registration process. You explicitly agree to update VBA whenever there is a change in the status of your mobile number.
- Account Tied to Mobile Number - The account you are opening by accepting this Agreement is tied to the mobile phone number you enter during the registration process. You explicitly agree to update VBA whenever there is a change in the status of your mobile number.
- VBA finds no activity in any User's account for more than 30 days, VBA , in its sole discretion, might terminate/suspend such User's account, without any prior notification.
- Charges - The VBA products and/or services include features without charges from VBA. But, your mobile phone operator may charge you for usage. The User is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of VBA services. Please consult your mobile phone operator's pricing plan to determine the charges for sending and receiving SMS text messages, WAP push, GPRS connectivity etc.
- VBA shall make no guarantees for the uninterrupted and continuous availability of the Products and/or Services or of any specific feature(s) of the Products and/or Services. The Products and/or Services are AS IS and are subject to the disclaimers of warranty and the limitations of liability as found in this agreement and which are subject to testing by the Users before entering into this agreement.
- VBA reserves the right to change or terminate the Products and/or the Services and/ or alter the Terms and Conditions of this Agreement at any time with/without notice and/or with immediate effect.
- VBA respects the privacy of its Users and assures that it shall not monitor, edit, or disclose any personal information about the Users or about the User's VBA account, which includes all of its contents, without the User's prior permission. However, this will not apply if VBA has to:
- Conform to the statutory and/or legal requirements or comply with the legal process;
- Protect and defend the rights or property of VBA;
- Enforce this Agreement or protect VBA business or reputation, including without limitation, upon termination, cancellation or suspension of this Agreement by VBA;
- Respond to the request for identification in connection with the claim of copyright or trademark infringement by the Users or to a claim by a third party that the User is using the Products and/or Services in connection with an infringement, illegal or improper activity; or
- Act to protect the interests of the Users or any others in general
- Though the sender name shall be displayed as VBA.com (or VBA's mobile number in case of CDMA subscribers), User's mobile number, as recorded in his/her profile, shall be appended at the start of his/her personal message, or wherever appropriate. This is done purely to let the receiver know from whom he/she is receiving the message from.
- The User agrees that VBA can access his/her account, including the message content, as stated above or respond to product specific queries or technical issues.
- The User hereby permits VBA to send him/her communication via email and/or SMS of any updates, upgrades, notices, or any other information that VBA deems important for the Users to know, relating to the Products and/or Services.
- Also, VBA might send certain appropriate and/or contextual promotional messages to its Users, based on the User demographics, traffic usage etc.
USER OBLIGATIONS AND DUTIES
- VBA expressly prohibits any commercial use of VBA products and/or services. The User gives irrevocable agreement to abide by all the applicable local, national and international laws and regulations and is solely responsible for all acts or omissions (that occur under his/her account or password), including responsibility for the content of any transmissions through VBA products and/or services.
- The Users acknowledge that VBA and its licensors retain ownership of all the propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof in relation to them, and all rights therein.
- VBA provides by way of example, and not as a limitation, the stipulation that the Users agree not to, directly or indirectly:
- Create a false identity or forged email or mobile phone number or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
- Reverse engineer, de-compile, disassemble or otherwise make any attempt to establish the source code or the underlying ideas or algorithms of the Products and/or Services;
- Modify, translate, or create distinctive and derivative works based on the Products and/or Services;
- Use the Services in any way connected to any chain letters, junk SMS text messages, spam or any unsolicited messages (commercial or otherwise);
- Harvest or otherwise collect, information about other Users, including email addresses, without obtaining their consent;
- Transmit any unlawful, harassing, libellous, or abusive, threatening, and harmful, or vulgar, obscene or otherwise any objectionable material of any kind or nature;
- Transmit any material that is an infringement of the intellectual property rights or other rights of third parties, which will include any trademark, copyright or right of publicity;
- Defames or slanders any person, or try to infringe upon any person's privacy rights;
- Transmit any material that may contain any viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
- Interfere with or disrupt the networks connected to VBA or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Products and/or Services or to other accounts (through password mining or other means), computer systems or networks connected to VBA;
- Interfere with another User's peaceful use and enjoyment of the Products and/or Services; or
- Engage in any other activity that VBA could believe may subject it to criminal liability or civil penalty or judgment
- You agree to not use the Products and/or Services to:
- Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
- Harm minors in any way
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- 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
- "Stalk" or otherwise harass another
- In case if your Mobile no. is registerred under DND and you want to avail the facility of sending free SMS thru www.viewbestads.com,then by agreeing the terms and condition, you are giving the permission to get SMS from the www.viewbestads.com.
LIMITATIONS OF VBA PRODUCTS AND/OR SERVICES
- SMS Messages will be considered as delivered when VBA has delivered, or sent the messages to the immediate destination that SMSCountry Core Messaging Platform has been programmed to do, which include SMPP/SMTP servers, or Mobile Telephone Networks. In addition, any other intermediary server or API is also deemed to be the point of dispatch of the message. VBA does not extend guarantee of delivery on behalf of the Mobile Telephone Networks or Servers, as delivery (or failure to deliver) to the intended receiver/handset/device is outside of the control of VBA.More over user can Send 50 SMS's per day and 10 SMS's per mobile per day
- Although VBA makes all efforts to ensure delivery and prides itself on speedy delivery of messages, messages may be delivered late as a result of queuing or network congestion/traffic.
- VBA lays no claim to its network coverage. Although VBA focuses on giving extensive coverage aggregation services, the mobile networks may choose from time to time to not be a part of SMSCountry or of its Service Providers' Networks. This may lead to messages not being delivered to those particular networks. At any point in time, there can be networks that VBA is unable to deliver to.
- Though the sender name shall be displayed as VBA.com (or VBA's mobile number in case of CDMA subscribers), User's mobile number, as recorded in his/her profile, shall be appended at the start of his/her personal message, or wherever appropriate. It is the User's responsibility to provide correct mobile number when registering with VBA website.
- VBA assumes no responsibility for the deletion or failure to store information. Currently, VBA has set an upper limit on the number of messages an User may send; however, in the future, with/without prior notification, VBA may increase or reduce the number of SMS messages able to be sent by a user and the amount of storage space available to each User.
- VBA reserves the right to block the transmission and receipt of an SMS message if an advertising sponsor does not exist in the destination region or an intended recipient has requested that all VBA messages be blocked from delivery to their mobile phone (Private Do Not SMS Registry).
- VBA reserves the right to block messages from being send across its network that are the subject of end receiver's complaint or messages that VBA considers to be unlawful, harassing, libellous, abusive, threatening, and harmful, vulgar, obscene or otherwise objectionable.
TERMINATION, CANCELLATION AND/OR SUSPENSION OF USER ACCOUNT
- VBA continually makes efforts to improve its existing Products and/or Services, apart from adding new ones, resulting in frequent updates or modifications. Such changes often dictate that we simultaneously modify our Terms and Conditions. Hence, VBA shall have the right to modify any or all the terms of this Agreement and to change or drop any aspect or feature of the VBA Products and/or Services, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change or deletion. Any use by the Users of the Products and/or Services after any such change has been posted, shall be construed as the acceptance of the change. If the User is not agreeable to any such change, the relevant Product and/or Services or the User account, may be cancelled in accordance with the procedures for cancellation set forth in this Agreement. The Users acknowledge their responsibility to read and review this Agreement from time to time and also to be aware of any such changes.
- The User has the right and is free to terminate or cancel this Agreement and his/her VBA account at any time and for any reason. The User only has to intimate VBA by sending an email (email@example.com) of this intention.
- VBA can terminate, cancel and/or suspend this Agreement and/or the User account any time if, in VBA's sole discretion, the User has breached the Terms of this Agreement. Such termination, cancellation and/or suspension by VBA shall come into effect immediately after giving notice by VBA to the Users in any reasonable manner, including but not limited to, notification by email and/or SMS. In addition, VBA has the right to recover any and all damages from the Users arising from or relating to the event(s) giving rise to the suspension, termination or cancellation.
- VBA reserves the right to suspend the User's account at any stage for any reason that it may deem necessary in order to continue to provide any of its Products and or Services in a way that may be hindered by the User's status as being a VBA User, or the content of the messages originating from the User.
- In the event that VBA has cause to receive complaints from recipients or third parties with respect to the use of the Products and/or Services, VBA additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other related party with regard to its Users.
- Upon the termination, cancellation and/or suspension of this Agreement, the Users remains responsible for any obligations that have been accrued including, but not limited to, payment of any costs or charges, including legal obligation that may be arising in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. Upon termination and/or cancellation, for any reason, the User agrees to immediately cease using VBA Products and/or Services and removes all the VBA software and applications on any computer, database, and server (local or remote) in its possession or under its control. VBA shall have no obligation whatsoever to the User after the termination or cancellation of this Agreement.
WARRANTIES AND LIABILITIES
- VBA does not make any warranties or representations that the VBA website shall be available at all times. Users acknowledge that the VBA website may be unavailable due to updates or other causes beyond the reasonable control of VBA, including, but not limited to virus infection, unauthorized access (hacking), power failure or other "acts of God".
- Though VBA shall take all reasonable caution about the quality and accuracy of content available from the VBA website, VBA does not make any warranties or representation that the content available shall in all cases be true, correct or free from any errors. The information, ideas and opinions expressed on the VBA website should not be regarded as professional advice or the official opinion of VBA, and Users are strongly encouraged to consult professionals before taking on any course of action that is related to the information, ideas or opinions expressed on the VBA website.
- VBA shall take all reasonable steps to secure the content of the VBA website and to secure the information provided by and collected from Users to prevent unauthorized access and/or disclosure. However, VBA does not make any warranty or representation that the said content shall be 100% safe or secure.
- VBA is under no legal duty to encrypt any of the content or communications from and to Users and is also under no legal duty to provide the digital authentication of any pages on the VBA website.
- Hyperlinks to the VBA website from any other source shall be directed to the home page of the VBA website. Links beyond the VBA home page may only be used with VBA's prior written consent and permission. Persons that wish to link to pages beyond the home page of the VBA website without VBA's prior written consent shall do so at their own risk and indemnify VBA against any loss, liability or damage that may result from the use of such hyperlinks.
- VBA may provide hyperlinks to websites not controlled by VBA and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such websites. VBA does not editorially control the content, products and/or services on such websites and shall not be liable, in any manner whatsoever, for the access to, or the inability to access, or the use, inability to use or content available on or through such websites.
- VBA (which also includes its owners, employees, suppliers, internet services providers, partners, licensors, affiliates and agents) shall not be held liable for any damage, loss or liability of any nature incurred by whomever and resulting from use of VBA Products and/or Services, the VBA website, websites linked to the VBA website, any content available on the VBA website, any downloads from the VBA website, and/or any other reason which is not directly related to VBA's gross negligence.
- VBA (which also includes its owners, employees, suppliers, services providers, partners, licensors, affiliates and agents) shall in no event be held liable to the Users or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by the failures, delays or interruptions of the Products and/or Services generally, and any aspect ancillary thereto; the User agrees to indemnify VBA for any and all third party claims arising from any such or of the failures, delays or interruptions in connection with regard to use of the Products and/or Services.
- Without in any way limiting the foregoing, VBA shall in no event have (in the aggregate) any monetary liability whatsoever in connection with this Agreement.
- The VBA Products and/or Services are not fault-tolerant and are not designed, manufactured or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, including but not limited to use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of VBA could lead directly to death, personal injury, or to severe physical or environmental damage ("high risk activities"). In addition to all the other disclaimers and limitations contained within this Agreement, VBA and its affiliates, agents, content providers, services providers and licensors specifically disclaim any express or implied warranty of fitness for high risk activities which may also include emergency notification services.
THIRD PARTY BENEFICIARIES
- Notwithstanding anything to the contrary contained herein, the provisions for the Warranties and Liabilities set forth herein are for the benefit of VBA and its affiliates, agents, content providers, services providers, partners and licensors and each shall have the right to assert and enforce such provisions directly on its own behalf.
- The User agrees to indemnify, hold harmless, and defend VBA and its affiliates, agents, content providers, services providers, partners and licensors against any and all claims, liabilities, damages, all costs and expenses (including, but not limited to consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to -
- The use of the Products and/or Services in any manner which violates the terms of this Agreement or otherwise violates any law, rule, or regulation and
- Any claims made by third parties arising from issues related to any failure, delay or interruption of the Products and/or Services.
- The User agrees to cooperate as fully as reasonably required in the defence of any claim. VBA reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User.
- The failure of either VBA or the User to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise continue to remain in full force and effect and is enforceable.
- this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to one gender includes the other genders.
- This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Union of India. The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
- No agency, partnership, joint venture, or employment is said to be created as a result of this Agreement and the User does not have any authority of any kind to bind VBA in any respect whatsoever. In any action proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover all the costs and attorneys' fees.
- All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery services; and upon receipt, if sent by certified or registered mail, return receipt requested.
- These Terms and Conditions constitute the whole agreement between VBA and the User and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
Privacy And Anti Spam Policy
- At VBA, we respect and take steps to protect the privacy of our Users. We strive to make our site a safe environment for all who visit our website www.viewbestads.com and use VBA services. We are committed to providing you the best possible online experience as well as the best products and services. This policy addresses our practices with respect to our website, but does not address the practices of any website we link to (including the merchants and content providers we link to). This policy is incorporated into, and subject to the terms of, our Terms and Conditions.
- We use the information you provide us (during registration process etc) to keep track of the VBA products and services that you have signed up to receive. Though the senders name shall be displayed as VBA.com ( or VBA'smobile number in case of CDMA subscriber) your mobile number, as recorded in your profile, shall be appended at the end of your personal message. This way the recipient knows who the sender of the SMS is. We will use contextual advertising in user generated SMS.Deliverimg Contextual advertisement and related links is the key to provide the users the FREE service. VBAstores and processes your SMS messages. This is completely automated process with no human intervention.
- We may also use your personal information to improve our marketing and promotional efforts, to statistically analyze our website usage, to improve our content and product offerings and to customize our website's content and layout. We do this in an attempt to improve our website and better tailor it to meet our Users' needs. We may also use personally identifiable information about you to deliver information to you that, in some cases, is targeted to your interests, such as targeted banners and promotions. We will use your email address to contact you regarding administrative notices or latest news from time to time. We will use information in the file we maintain about you, and any other information that we obtain from your current and past activities on the site, in order to resolve disputes, to troubleshoot problems and to enforce our Terms and Conditions.
- Any information/content that is sent to VBA for SMS text messaging and/or storage purposes will remain the property of the User. VBA will at no time collect or redistribute this information without obtaining your consent, except where legally required by law to do so. This has particular reference to any database, numbers and/or recipient details that you may deliver to us, or store on our databases.
- As a matter of policy, we neither rent nor sell personally identifiable information about our Users to any third party. We may however aggregate all personally identifiable information and may disclose such aggregated information to any or all advertisers, marketing and general or commercial promotional purposes. Even in these cases, disclosure of any information that could personally identify you would not be permitted.
- VBA may offer some features where sometimes it is required to provide some of the information about you to a third party, which is offering such services. It must be understood clearly that we will provide information only to the extent that the said third party requires your information, which enables you to use their service, but prior to that we will make efforts to notify you of specific information being provided to such third parties. Before you use the services of any third party, we request you to check up and evaluate if the terms and conditions of said third party services are acceptable to you.
- VBA might use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here
- It is vital that VBA receives from you the permission and valid rights to transmit your information to a third party. In addition, please note that we will comply completely and fully with any or all court orders, information requests or otherwise from government agencies and regulators and any other legal and regulatory processes that require us to disclose personally identifiable information of our Users.
- It is also vital that VBA receives from you the permission and Valid rights to, and that you have no objection to append targeted Ads to your FREE SMS messages. By using our FREE SMS messaging services you are actually confirming that you have gone through our terms and conditions and that you have no objection to in our appending targeted Ads to your SMS messages and to using your personal information.
ANTI SPAM POLICY
- Any registered User of VBA can send SMS text messages to his/her friends, family, colleagues, clients, contacts etc using the VBA Interface. These interface conditions of use strictly forbid spamming to cell phone Users. We have several software filters to block spam messages. However, we cannot guarantee that spamming will not ever occur. Please let us know (email to contactus@VBA.com) the details of the message like content of message, time of delivery, sender name or number etc so that we can immediately check and block the user responsible for the same.
- Appending contextual Ads to users SMS is not considered as spam within the meaning of spam. Spam is a totally uninvited message urging the recipient to avail of some services. But here the advertisement is part of a personal message which the recipient receives and is not a totally uninvited message. Also, the user has specifically opted-in to use this FREE service to send SMS to the recipient. Further the communication is between two known persons.
LIMITS ON OUR ABILITIES
- Although your privacy is our top priority, due to the existing statutory, legal and technical environment, we are unable to ensure that personally identifiable information of our Users will not be disclosed to third parties in ways that are not described in this policy. Additionally, we may (and here you give us authorization to) disclose any private information about you to private entities, law enforcement or other government officials, which we may believe to be necessary at our sole discretion or appropriate to address or to resolve inquiries or problems. We undertake that this will not be done for commercial purposes or for our personal gain.
- If you have any further questions about our privacy and anti-spam policy or about its implementation, please email us at contactus@VBA.com