support@sms1.com.
Poolish is designed to help adults find and contact one another using SMS text messaging. By using Poolish and/or the associated web site, poolish.com, you agree to the following Terms of Service. Please read them carefully.
Please report any violations of the Terms of Service by e-mailing support@sms1.com.
The Poolish service ("Poolish" or the "Service") is owned and operated by Voices International, Inc. located at P.O.Box 2094, Newport Beach, Ca 92659. The Service is provided to you under the terms and conditions of these Terms of Service and any amendments thereto and any operating rules or policies ("Agreement"). This is a legal agreement between you ("Member") and Voices International, Inc. BY COMPLETING THE REGISTRATION PROCESS AND INDICATING "I HAVE READ, UNDERSTOOD, AND ACCEPT THE POOLISH TERMS OF SERVICE," YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND AGREE TO BE BOUND BY THIS AGREEMENT.
As a condition of use of the Service, you agree to: (a) provide honest, accurate, current, and complete information about yourself during the registration process, including but not limited to your contact and billing information; and (b) to maintain and update this information to keep it accurate. If any information provided by you is untrue or incomplete, Poolish has the right to terminate your account and refuse you any and all current or future use of Poolish.
You agree to be solely responsible for the content of your transmissions to or through the Service and for your interactions with other Poolish members.
3.1 You agree that your Poolish membership is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
3.2 You agree to be solely responsible for the content or information you publish or display on the Poolish service, or transmit to other Poolish members.
3.3 You agree not to transmit any unlawful, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind.
3.4 You agree not to transmit, post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You agree not to transmit, post, distribute or reproduce in any way any material that violates the rights of another, including but not limited to the intellectual property rights.
3.5 You agree not to engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service.
3.6 You agree not to transmit "junk mail," "spam," "chain letters," or unsolicited mass distribution of text mail, or to use the Service for any commercial purposes.
3.7 You agree that you are solely responsible for your interactions with other Poolish members. Poolish reserves the right, but has no obligation, to monitor disputes between you and other members.
3.8 You agree not to include in your profile any telephone numbers, street addresses, last names, URLs, e-mail addresses. Poolish reserves the right, but has no obligation, to reject or remove any profile.
3.9 You agree not to impersonate any other user of Poolish or any Poolish employee.
3.10 You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Service. You also agree not to interfere with the use and enjoyment of the Service by other members.
Our Privacy Policy is part of our Terms of Service. BY REGISTERING ON POOLISH, THEREBY ACCEPTING THIS TERMS OF SERVICE, YOU ALSO AGREE TO THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY.
Opinions, advice, statements, offers, or other information or content made available through the Poolish service are those of their respective authors and not of Poolish and should not necessarily be relied upon. Such authors are solely responsible for such content. Poolish does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for any loss or damage resulting from anyone's reliance on information or other content posted on Poolish or transmitted to Poolish members.
It is possible that other Poolish members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Poolish service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Poolish is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Poolish service and/or release to others.
Poolish reserves the right, but has no obligation, to monitor the materials posted on the Poolish service. Poolish shall have the right to remove any such material that violates, or is alleged to violate, the law or this Agreement. Notwithstanding this option of Poolish, you remain solely responsible for the content of the materials you post on the Service. Messages sent between you and other Poolish members will be treated as private by Poolish in accordance with applicable law.
These Terms of Service and Privacy Policy are subject to change by Poolish at any time, effective upon posting. We encourage you to review them often.
Poolish reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to you. You agree that Poolish shall not be liable to you or any third party for any modification or discontinuance of the Service.
You agree not to Resell the Service or use of or access to the Service.
You agree that Poolish may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Agreement or any subsequent modifications, failure to timely pay membership fees if applicable or attempted assignment of your account by you. You acknowledge and agree that termination may be effected without prior notice, and acknowledge and agree that Poolish may immediately delete files in your account and block you from any further access.
9.1 Poolish shall not be liable to you or any third party for the termination of Service or any claims related to the termination of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities.
9.2 Should you object to any terms and conditions of the Agreement, or any subsequent changes to the Agreement, or become dissatisfied with the Service in any way, your only recourse is to immediately: (1) discontinue and terminate your membership with the Service; and (2) notify Poolish of termination by "opting out" at poolish.com
9.3 If you choose to pay subscription fees or purchase credits for use on Poolish, you do so with the understanding that all transactions are non-refundable even upon termination of your Agreement with us.
Your correspondence, transactions or other dealings with advertisers, Poolish partners, mall vendors, or other third parties available on or linked through Poolish, including but not limited to payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, partner, vendor or other third party. Poolish does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such parties or resources. You agree not to hold Poolish liable for any loss or damage incurred as the result of your participation with the advertisers, partners, vendors, or other third parties available on or through the Service, or as the result of any dealings with such parties, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through the Poolish site.
11.1 You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by Poolish, its partners, or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
11.2 By posting information, or other content to any area accessible to the public or Poolish's general membership, you automatically grant, and you represent and warrant that you have the right to grant, to Poolish an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
The Service and the materials available on or through the Service are without warranties or conditions of any kind either expressed or implied. To the fullest extent permissible under applicable law, Poolish disclaims all warranties and conditions, expressed or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose. Poolish does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. Poolish does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable, or otherwise.
To the fullest extent permissible under applicable law, Poolish shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Service, any changes to the Service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that Poolish is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the materials available on or through the Service, or with any of Poolish's Terms of Service, your sole and exclusive remedy is to discontinue using Poolish. You agree to indemnify and hold Poolish and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorney's fees, asserted by any third party due to or arising from the content you transmit to or through, as well as your conduct on or arising from the use of, the Service.
Any communication to Poolish shall be made via text, e-mail or regular mail. Poolish may communicate changes to the Agreement or other matters by displaying notices to members generally on the Service, or via text, e-mail or regular mail.
The Agreement and the relationship between you and Poolish shall be governed by the laws of California without regard to its conflict of law provisions. You and Poolish agree to submit to the personal and exclusive jurisdiction of California for Orange County. Poolish's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court 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 Agreement remain in full force and effect. 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 this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Poolish is a confidential service, and although it is necessary for us to collect accurate personal information in order to provide a meaningful product, receive payment and ensure good customer service, we will not sell or otherwise convey personal information about you to third parties with whom you have no relationship. We do provide, in aggregate form only, some demographic information about our membership to advertisers and for other marketing and promotional purposes. We do not disclose any information that could be used to personally identify you and, obviously, certain information such as name, address, credit card and banking information are never disclosed.
Poolish may, from time to time, communicate with you regarding customer service or to inform you of special offers that we believe you may be interested in. At that time we will provide you with an opportunity to opt-out and not to receive further information about that special offer, or other similar offers.
We cooperate with law enforcement. By joining Poolish you authorize us to disclose information to law enforcement or other government officials as we, in our sole discretion, deem necessary and appropriate.
This Privacy Policy is subject to change by Poolish at any time, effective upon posting. We encourage you to review it often.
If you have any questions about this statement, please contact us via e-mail at support@sms1.com or direct your mail to Voices International, Inc., P.O. Box 2094, Newport Beach, Ca 92659
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