Terms of Service

Welcome to modernmsg.com! We are Modern Message Inc. (“We”, “Us”, “Modern Message” or the “Company”) and we offer www.modernmsg.com and the Modern Message Community Rewards Applications and Programs, www.communityrewards.me, and affiliated pages (collectively, the “Services”) according to the terms of service (the “Terms” or “Terms of Services”) below, as well as our separate privacy policy (the “Privacy Policy”).By using our service, you are agreeing to the terms below. Please read them carefully.

Violation of any terms will result in termination of your account. Questions about the Terms of Service may be sent to info@modernmsg.com

Definitions

A “Community” refers to an owner or operator of a residential complex that has subscribed to any of Our Services.

A “Resident” refers to a person who is a leaseholder at a Community that has an account with us and uses our Services.

“Services” refers to our Community Rewards and other Add-On Services as described on Our Site and in other agreements and communications with the Communities and Residents.

The capitalized terms in these Terms that are not defined herein shall have the meanings ascribed to them in the Privacy Policy, Social Media Service Agreement, or the Services Agreement.

General Terms

The Services are not intended for persons under 18. By using the Services, you represent that you are at least 18 or if you are not at least 18, you have your parents’ permission to use the Services.

We may prohibit any user from using the Services in our sole discretion at any time for any reason and We are not liable for any damage or loss resulting from such prohibition.

You are responsible for using the Services in a private and secure manner. You are solely responsible for any services ordered, communication made, or other activity performed on the website through your account. The Company is not liable for any damage or loss due to unauthorized account access resulting from your actions or the actions of someone else using your login information.

You may not use the Services for any illegal activity or to violate laws in your jurisdiction.

You may not use the Services to distribute unsolicited email (“spam”) or malicious content such as viruses or worms.

You may not exploit the Services to access unauthorized information.

Any abuse or threatened abuse of other users of the Services or of Company personnel will result in immediate account termination.

The Company’s failure to enforce or exercise a right provided in these terms is not a waiver of that right.

Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.

These Terms of Services, the related Privacy Policy and your Social Media Service Agreement constitute the entire agreement between you and the Company and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms of Services.

The Company has the right to terminate your account, or discontinue the Services, with or without reason at any point in time.

Reward Points

As a part of the Services, Residents have the opportunity to acquire reward points that are redeemable under the terms of the specific Service offerings as described on Our Site. Residents do not own or earn any points and have no legal right to any points in their accounts until such points are redeemed for rewards.

Up until redemption, Resident points may be forfeited upon the event of (a) Resident’s breach of these Terms, the Privacy Policy, Social Media Service Agreement, or any offering language associated with the Services; (b) Resident ceasing to be a resident of a Community; (c) Community terminating its relationship with Modern Message; (d) Modern Message terminating its relationship with the Community, or with the Resident; or (e) Modern Message discontinuing any of the Services and/or the points portion of any of the Services, at its sole discretion.

Modification to Service

We reserve the right to modify these terms upon one (1) day written notice (the “Notice”). Your continued usage of the Service after the Notice constitutes your acceptance of these terms. Moreover, the Company reserves the right to suspend, or discontinue the Service for any reason, with or without notice.

You have the right to change or modify your services from time to time subject to these terms and the Social Media Service Agreement. In the event you order a new service, terminate an existing service or otherwise modify a service (“Modifications”), then when you agree to that Modification through this website, you are sending us a written Change Order authorizing Us to make the requested Modifications to your service, including any changes in the cost of the service. When such a Modification is complete, We shall send you an email notification confirming the Modification and the relevant changes to cost of your service.

User Conduct and Submissions

Subject to the license granted below, any video, writing, comments, remarks, ideas, graphics, photographs, or other information (collectively, “Content”) communicated, uploaded or posted to the Services belongs to the person who posted such content. You may use any Content posted by you in any way without restriction. You may only use Content posted by others in the ways described in these Terms of Services.

When you upload, communicate or submit Content to Us, you grant Us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully-sublicensable license to publish and use your Content. This right will continue even after you stop using the Services. In addition to the right to publish, you also grant Us under said license the following rights, without limitation: (i) the right to reproduce or copy or create derivative works thereof; (ii) the right to transfer, deliver, and sell the Content, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, develop, translate the content, in all or in part; (iv) the right to update and/or upgrade by adding or removing; (v) the right to film, perform or post the Content in any media, and (vi) the right to use or incorporate all or any part of the Content in any of Our products or services. By posting Content you hereby waive any and all rights to be compensated by Modern Message for such content.

The submission of your Content to the Services is entirely voluntary, non-confidential, gratuitous, and non-committal. You acknowledge that you have read, understand, and agree to the terms enumerated below, and you further agree that these terms shall apply to any additional material previously or later submitted:

  1. The Content represents your own original work. You have all necessary rights to submit the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by Our use of the Content.
  2. You understand that disclosure of Content does not establish a confidential relationship or obligate Us to treat your Content (or any related materials) as secret or confidential.
  3. You hereby irrevocably release and forever discharge the Company and Our affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall, or may have against the Released Parties or their respecting successors and assigns with respect to the Content, including without limitation in respect of how the Company and its affiliates and subsidiaries, directly or indirectly, use the Content, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
  4. The Company has the right, but not the obligation, to remove Content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property, or that is detrimental to the quality or intended spirit of the Services. The Company also has the right, but not the obligation, to limit or revoke the use of privileges of account of anyone who posts such Content.

Login Obligations

You agree to accept responsibility for all activities that occur under your User ID and Password. You are responsible for maintaining the confidentiality of your Password, and for restricting access to your computer so that others may not access the Services in your name or under your account. You agree to immediately notify us of any unauthorized use of your User ID or Password or any other breach of security. You agree that you are solely responsible and liable for the use of your User ID and Password even if they are used by a third party. We shall not be liable for any loss or damage arising from your negligence or failure to maintain the confidentiality of your User ID or Password. You understand and acknowledge that we do not keep your Password in our possession so we have no control over its confidentiality. As such, you will be responsible for any loss and damage suffered by us where any third party abuses the Services using your login details and/or computing environment, including hardware and software.

Content Posted by Third Parties

We cannot control all Content posted by third parties to the Services, and We do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damages of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.


Copyright, Ownership, and Data Security

The Company owns intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Services owned by the Company.

THE COMPANY IS NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE SERVICES POSTING OR REBROADCASTING THE CONTENT IN ANY WAY INCLUDING, BUT NOT LIMITED TO: POSTING CONTENT ON WWW.MODERNMSG.COM OR WWW.COMMUNITYREWARDS.ME OR THE MODERN MESSAGE COMMUNITY REWARDS PROGRAMS, APPLICATIONS, OR ANY AFFILIATED SITES OR PAGES.

The Company respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. 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 the Company’s copyright agent:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • 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;
  • 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 are authorized to act on behalf of the copyright or intellectual property owner.

The company’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: info@modernmsg.com.

Modern Message Warranties: Disclaimers

Modern Message hereby represents and warrants that use of the Services as contemplated herein will not infringe on the rights of any third parties or violate any applicable laws or regulations, including, without limitation copyright, trademark and patent laws.

UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, MODERN MESSAGE MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THE RESULTS OF THE USE OF THE SERVICES, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. ALL SERVICES ARE PROVIDED ON AN AS IS BASIS.

Limitation of Liability and Damages

WHEN PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF SUCH PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EITHER PARTY’S OR ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY USER TO MODERN MESSAGE HEREUNDER.

Indemnification

You agree to indemnify and hold harmless Modern Message and its officers, trustees, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Services or the delivery of products, services or information over the Services, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Services or your use of the Services or any products, services or information obtained from the Services.

About these Terms

We may modify these terms as necessary to reflect updates to the Services, www.modernmsg.com, the Community Rewards Program and Applications, or changes in the law. We will post any such modifications to the terms on this page. If you do not agree with or accept the changes in the terms, your only recourse is to discontinue your use of the Services.

These Terms create an agreement between Us and you. They do not create any third-party beneficiary rights. Waiver of any remedy for a breach of these Terms does not prevent Us from taking action in the future. The unenforceability of a single provision shall not affect the enforceability of the remainder of these Terms.

These Terms create an agreement between Us and you. They do not create any third-party beneficiary rights.

Waiver of any remedy for a breach of these Terms does not prevent Us from taking action in the future.

The unenforceability of a single provision shall not affect the enforceability of the remainder of these Terms.

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