Message Ninja Terms and Conditions
In these Terms and Conditions, Users of the Message Ninja Site and/or Services, whether they are subscribers, customers, or casual browsers of the Site, are called ‘Users’. Please read these Terms and Conditions in their entirety before using our Website or Services. By using or accessing our Website and/or Services, you agree to be legally bound by these Terms and Conditions and all guidelines and policies incorporated by reference in these Terms. Our Website, and Services described therein, is not intended to be used by minors. You must be at least of the age of majority to use our Website. We reserve the right to change or modify any of the terms and conditions contained in these Terms, at any time.
1. User Data
When you share User (e.g., personal or billing) data, you agree to: (1) provide accurate, current and complete information; (2) keep your login information and password(s) secure; (3) maintain accuracy of your data; (4) accept all risks of unauthorized access to your data and any other information you provide to Message Ninja.
2. Service Fees and Taxes
Users are responsible (financially and otherwise) for all activity on User account, including all fees incurred by User activity. Charges and any other fees for the use of this Website and/or Message Ninja Services are described on the Website, Service agreements or any combination thereof. They may change at any time. If User keeps using the Service after they change, User accepts the new charges and fees. Any change to charges and other fees will be applicable to the next billing period in which the change occurs. Some independent carriers, mobile networks, and service areas may carry additional fees not explicitly stated, and this will be the responsibility of the User. Users are responsible for all taxes applicable to the fees (depending on User geographical location / residence).
3. Refunds and Expiration
All sales are final. Positively no refunds will be made. User will have 36 months from the date of purchase to use Message Ninja ringless voicemail messaging credits as purchased via the Website.
4. Trademarks, Ownership, and Copyright
The Content on the Website, www.themessageninja.com is the property of Message Ninja and its affiliates. Content provided by the User is property of the User. Any use of any portion of the Content without the prior written permission of its owner is strictly prohibited. All rights to the Website and non-User Content are expressly reserved. User Content is user’s responsibility. Message Ninja has no responsibility or liability for it, or for any loss or damage User Content may cause. Message Ninja retains absolute discretion, but no obligation, to remove or edit any User Content, at any time, and for any reason.
5. Limited License of the User Content to Message Ninja
Message Ninja retains the right to use User Content to the extent necessary to operate the Website and our Services. By uploading/entering User Content to the Website or otherwise sharing files, data or other information, User grants Message Ninja, and any affiliates or subsidiaries as required, a non-exclusive, royalty-free, transferable right to use and modify works from such User Content. Message Ninja is not required to pay or compensate User for its use.
6. Compliance with Laws
User agrees to comply with all applicable U.S. and international laws, regulations, and ordinances, including the internet, data, e-mail, and privacy.
7. Unwelcome Communications
Users may not use the Service (a) to send “chain letters,” “junk mail” or other unwelcome communications, or (b) to promote or advertise illegal, offensive, untrue, damaging, or otherwise inappropriate activities, statements, or Content. Users may not use any automated systems to access the Service in an excessive or inappropriate manner or otherwise burden the operation of the Service. Users acknowledge that Message Ninja may revoke users’ rights to access and use any part (s) of the Service at any time in its sole discretion.
8. No Endorsement
User-submitted Content does not reflect the views of Message Ninja. Message Ninja does not routinely screen, review or monitor User’s contribution in any way (although we reserve the right to do so; and to block any User’s voicemail Content per our judgment).
The Site, the Content and the Services provided to Users by Message Ninja are on an “as is” basis without warranties of any kind, either express or implied. Message Ninja expressly disclaims all other warranties, express or implied, including and without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Message Ninja does not represent or warrant that Content is complete, accurate, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Services, the Content or any portion thereof. Further, Message Ninja does not warranty or otherwise guarantee the effectiveness, utility, or success rates of its Services.
10. Limitation of Liability
User waives and shall not assert any claims or allegations of any nature whatsoever against Message Ninja, their affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees, arising out of or in any way relating to User’s use of the website, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights and alleged inaccuracy of Content. Message Ninja shall not be liable for any damages, including, but not limited to, loss of use, loss of profits, or loss of data, arising out of, or in any way connected with, the use of the Website or Services.
- Message Privacy - Users acknowledge that message content is transmitted unencrypted and that eavesdropping of phone/internet communications by third parties is possible.
- Delivery - User acknowledges that Message Ninja delivers messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery of the messages within the technical constraints imposed by the above mentioned providers. Messages submitted via our Website, platform, or other appropriate means, will be transferred to the addressed recipients provided that the recipient’s receiver is switched on and located in an area covered by their subscribed network provider. User acknowledges that, depending on the recipient’s provider service, it may not be possible to transmit the message to the recipient successfully, particularly if the provider does not support chosen delivery method at all.
- Large Volume Transmission - User acknowledges that transmission of large numbers of messages may be subject to restrictions and delays on the part of the network providers affected.
- Disruptions and Damages - If the User causes damages or disruptions of the Website or our delivery system by bad intent, user becomes liable for all direct and indirect consequences and associated costs.
- Message Content - User assumes full responsibility for the Content of the messages transmitted by user or by a third party on user’s request. User agrees to abide by all laws and regulations applicable to the Content and intent of the messages transmitted by User. User assumes liability for all consequences and costs arising out of offenses against such regulations. User must ensure that the message delivery does not cause disturbance or harassment of a recipient or other third party. User agrees to refrain from sending messages containing offensive, violent, pornographic, or discriminatory, or otherwise illegal Content. User is not permitted to send messages to recipients who have made clear that they do not wish to receive these messages or advertisements. The sender of such unsolicited messages (User) bears full legal and financial responsibility for such actions. Message Ninja shall not be liable for any damages arising out of or in any way connected with the use of the Website or Service by User.
11. Applicable Law
User agrees that all disputes, claims or other matters arising from the use of the Website will be governed by the federal laws of the United States of America and the laws of Canada. User also agrees that all Claims will be heard and resolved in a court located in the USA.
12. Termination/Modification of License
Message Ninja reserves the right, without notice and in our discretion, without any liability to User, to terminate or limit User license and/or access to use the Website, or any Services provided by Message Ninja.
13. Inactive Accounts; Termination of Agreement
If User’s payment has been canceled, rejected, not cleared or not received on time, Message Ninja may deactivate User account without any notice. User and Message Ninja may terminate these Terms and User’s access to the Website and Services at any time. Purchased message credits and other fees are not refundable or transferable and do not bear interest. In case of account/program cancellation by User, unused credits will expire immediately.
14. Contact Information
If you have any questions regarding these Terms and Conditions, you may contact us using the information below.
The Message Ninja
MovenPick Resort & Towers, Tower 1, Unit 1103
Punta Engano, Cebu 6015 Philippines
Phone Number for USA & Canada Customers: 573-213-4088
Last Updated: June, 2017