Acceptance of Terms

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein (“Terms of Use”) and all other operating rules, policies and procedures that may be published from time to time on the Site by MessageSpace, each of which is incorporated by reference and each of which may be updated by MessageSpace from time to time without notice to you in accordance with the terms set out under the “Modification of Terms of Use” section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by MessageSpace from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, venues that access the Service, and users that have a page on the Service.

Access

Subject to these Terms of Use, MessageSpace may offer to provide the Service, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services MessageSpace performs for you, creates and conduct any advertising and marketing campaign on your behalf and provides collaboration and sponsorships of brands which is subject to third party sites and services wherein MessageSpace is duly authorized to promote and market such brand on its platform and to use their respective trademarks on its website. 

General

All Advertisements accepted for publication by MessageSpace are accepted subject to these terms and conditions. Any other conditions proposed by the Buyer shall be void unless accepted by MessageSpace in writing.

In these conditions:

• “Advertiser” means the person whose goods or services are advertised
• “Buyer” means the person placing the order for the insertion of the Advertisement
• “Medium” means the online publication taking the booking
• “MessageSpace Site” means the affiliated MessageSpace partner website(s) onto which an Advertisement is sold.
• “Insertion Order” the emailed order details sent before the order was executed. All Advertisements are accepted subject to space being available in the Medium.

Print Advertising

Copy must be supplied by the Buyer without application from MessageSpace. If copy instructions are not received by the agreed date, no guarantee can be given that any agreed proofs will be supplied or corrections made and MessageSpace reserves the right to repeat the most appropriate recent copy or omit the Advertisement. Where a layout or proof is submitted to the Buyer, it must be returned on the date specified and MessageSpace reserves the right to publish the Advertisement in the same form as any layout or proof submitted if the layout or proof is not returned on the date specified. In any of these cases, the total price of the order will remain unaltered.

If, at its discretion, MessageSpace considers it necessary to modify the space or alter the date or position of the Advertisement or make any other alteration to an Advertisement accepted for insertion, the Buyer will have the right to cancel the publication of the Advertisement if the alterations requested are unacceptable.

Where an Advertisement has been accepted by MessageSpace and includes inserts MessageSpace reserves the right to charge the full price if the inserts fail to arrive at the agreed time and place for insertion.

Charges will be made to the Buyer where printers are involved in extra production work owing to acts or defaults of the Buyer or the Advertiser.

Directory Advertising

MessageSpace cannot guarantee the position of any printed Advertisement. Advertisements will be placed as near as possible to the selected position as the page make-up permits. MessageSpace reserves the right to modify the wording of any classification or trade heading in the Medium or the Advertisement.

Requests for cancellation or reduction of an order may be considered but only if received in writing by MessageSpace within 28 (twenty-eight) days from signing the order providing that such notification is made at least 28 (twenty-eight) days prior to the final copy date.

Changes in printed copy must be confirmed in writing by the Buyer in time for the changes to be made to the Advertisement by MessageSpace. MessageSpace reserves the right to charge for any additional expenses involved in such changes.

Online Advertising

The Buyer must deliver complete creative content to MessageSpace at least 24 hours before 09:00 on the go-live date in a format which complies with MessageSpace’s online ad formats for such content. To cancel or alter an order the Buyer must inform MessageSpace by e-mail at least 24 hours before 09:00 on the go-live date Otherwise, MessageSpace may not be able to achieve the specified go-live date but the Buyer must pay the full amount irrespective of whether any delivery target for impressions have been met.

If the Buyer is supplying creative content or change of creative to be used in rotations, in the form of a redirected advertisement, the Buyer must inform MessageSpace in advance.

If an Advertisement links to another site, the Buyer is responsible for maintaining the link and for the content of the linked site. MessageSpace may remove any Advertisement which contains content or links to a site which, in MessageSpace’s opinion, is defamatory or objectionable or will bring MessageSpace into disrepute. The Buyer will indemnify MessageSpace from and against any claims or liability arising from links contained in an Advertisement.

Advertisements may contain only such information and code as is necessary to run the Advertisement effectively on the relevant MessageSpace Site. Advertisements may not contain tags, cookies, beacons or similar technology which identifies users of any MessageSpace Site or enables the Buyer or any third party to serve such users with any advertising other than the Advertisement.

If an Advertisement is supplied which does not comply with these terms and conditions or MessageSpace receives complaints regarding an Advertisement, MessageSpace may, at its discretion, remove the Advertisement from display without reference or liability to the Buyer.

Where an Advertisement is sold on a cost per thousand basis (CPM or “cost per mille”), MessageSpace will provide the Buyer with delivery statistics and campaign reports on request throughout the campaign period. The statistics and other reports provided by MessageSpace shall, in the absence of manifest error, be binding on the Buyer and are in lieu of any other right of audit.

The Buyer’s sole remedy if MessageSpace, or its third-party subcontractors who may host and serve Advertisements from time to time, make an error in displaying any Advertisement is the cost of re-running the relevant Advertisement. Neither MessageSpace nor its subcontractors shall be liable for failure to display the Advertisement caused by circumstances outside their control.

Buyers and Advertisers agree to deal fairly and professionally with individuals who may respond to a recruitment related Advertisement and to indemnify MessageSpace from and against any claim brought by an individual against MessageSpace arising from a breach of this obligation or any other of these terms and conditions.

Buyer to Contract as Principal

The Buyer warrants that the Buyer contracts with MessageSpace as principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity. Where the Buyer is the Advertiser’s agency, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with MessageSpace. In the event of the Advertiser disputing payment the Buyer accepts full responsibility for payment. In the event of a dispute the Buyer and MessageSpace accept that the terms specified and mutually assented to in the Insertion Order were the contracted terms of the order. 

Delivery and Ownership of materials

Materials delivered must conform to MessageSpace’s specifications. MessageSpace reserves the right to charge the Buyer for work required to amend materials to conform to its specifications but accepts no liability for such work. Any intellectual property rights in designs prepared by MessageSpace shall remain the property of MessageSpace and Advertisements including such designs may not be reproduced without MessageSpace’s consent.

Booking Procedures

If an Advertisement includes a promotion, competition or a special offer of merchandise the Advertiser must provide full details to MessageSpace on request.

Payments

Prices published by MessageSpace from time to time are subject to revision at any time and orders are accepted on the condition that the price binds MessageSpace only in respect of the period specified in the applicable rate card.

Series of discounts shall apply only to orders placed in advance and completed within the agreed period. MessageSpace reserves the right to adjust advance discounts and/or to surcharge in the event of a series of Advertisements not being completed within that period. If the Buyer cancels the balance of a contract to publish a series of Advertisements, except in the circumstances set out herein under these Terms and Conditions, it relinquishes any series discount and all Advertisements will be paid for at the appropriate rate.

Prices are exclusive of applicable taxes which the Buyer shall additionally be liable to pay to MessageSpace and MessageSpace shall be entitled to deduct any applicable taxes.

Credit accounts must be settled in accordance with the terms shown on the invoice, which are strictly net. In default, all outstanding transactions will become liable for immediate settlement. Interest will be charged monthly on overdue accounts at the rate which shall be mutually agreed between the parties.

Any personal data whether provided by you as a part of the payments process, or collected automatically when you use the Service will be governed by MessageSpace’s Privacy Policy accessible at MessageSpace.co.uk/privacy.

You also understand and acknowledge that MessageSpace only facilitates the third-party payment gateway for processing of payments. This facility is managed by a third-party payment gateway provider and you are required to follow all the terms and conditions of such third-party payment gateway provider.

You are responsible for the accuracy and authenticity of the payment information provided by you, including the bank account number/credit card details and any other information requested during the payment process. You represent and warrant that you have the right to use any credit card or other payment information that you submit. You agree and acknowledge that MessageSpace shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.

You can file any complaint related to payment processing on the Site and the same will be forwarded to the concerned third-party payment gateway provider for redressal.

Upon payment being received by MessageSpace through any of the Payment Methods, MessageSpace shall make the relevant Content available to you through any of the approved modes of delivery that MessageSpace adopts.

Shipping, Returns and Refunds policy

To the extent permitted by applicable law, payments are non-refundable and we do not provide refunds or credits for any of the Services rendered by MessageSpace.

User Submissions

We may use your User Submissions and your data  in a number of different ways in connection with the Site, Service and MessageSpace’s business as MessageSpace may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works (including adaptations) from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant MessageSpace a worldwide,  non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, adapt, translate, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and MessageSpace’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third-Party Media. For clarity, the foregoing license grant to MessageSpace does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with MessageSpace.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. MessageSpace shall be entitled to use your brand name and to promote MessageSpace Clientele on the Site.

You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such advertisement campaign carried out by MessageSpace is as per your requirement and discretion; that MessageSpace will not be liable for any errors or omissions in any the advertisement  campaigns; and that MessageSpace cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

You should bear in mind that circumstances change and that information that may have been accurate at the time of posting will not necessarily remain so.

When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activities in connection with the Service.

Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content and advertisement through the Service, including without limitation any User Submission, that:

• belongs to another person and to which the user does not have any right;
• is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
• is harmful to a child;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• impersonates another person;
• contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

MessageSpace reserves the right to (i) remove, suspend, edit or modify any of its Services at its sole discretion, including without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such  Services including but not limited to the Advertisement campaigns or any of its services  or if MessageSpace is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. MessageSpace also reserves the right to access, read, preserve, and disclose any information as MessageSpace reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of MessageSpace, its users and the public.

If you see something inappropriate, use the “Report Advertisement” option to alert us so that we can take immediate action as needed.

Technical Failures

It is possible that you may face disruptions, including, but not limited to errors, disconnections or interferences in communication in the internet services, software or hardware that you have used to avail of our services. MessageSpace is not responsible for such factors in the disruption or interruption of the services and you take full responsibility with complete knowledge for any risk of loss or damages caused due to interruption of services for any such reasons.

Consent to Communications

You expressly agree that MessageSpace may from time to time contact you and send you communications via any known channel, including but not limited to telephone calls, emails, text messages (SMS), and/or Whatsapp, at any telephone number or email address you have provided to us, including mobile/cellular telephone numbers that could result in charges to the owner of the telephone account. By accepting these Terms you are deemed to have ‘opted in’ to receive such communications. These communications may include transactional, utility and promotional communications as well as communications for authentication purposes. The ways we may call you include using recorded/artificial voice messages and/or through the use of an automatic dialing device.

Termination

MessageSpace may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by contacting us as per MessageSpace’s Communications – Customer Services mentioned below. Any fees, including Premium Charges, paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

Save to the extent required by law, MessageSpace has no special relationship with or fiduciary duty to you. You acknowledge that MessageSpace has no control over, and no duty to take any action regarding: which users gain access to the Service; what campaign you access via the Service; what affects the campaign  may have on you; how you may interpret or use the campaign; or what actions you may take as a result of having been exposed to the campaign.

You release MessageSpace from all liability for you having acquired or not acquired a campaign through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. MessageSpace makes no representations concerning the Service, and MessageSpace will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service and cannot be held liable for any third-party claims, losses or damages.

You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.

THE SITE, SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

MESSAGESPACE, AND ITS TEAM, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY ADVERTISEMENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You shall defend, indemnify, and hold harmless MessageSpace, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service,  Advertisement or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other rights of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of MessageSpace). MessageSpace reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with MessageSpace in asserting any available defenses.

Limitation of Liability

ALL LIABILITY OF MESSAGESPACE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR  CAMPAIGN PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF MESSAGESPACE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE THOUSAND RUPEES (Rs.1000).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MESSAGESPACE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CAMPAIGN  PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT MESSAGESPACE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CAMPAIGN PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE OR USER SUBMISSIONS FOR:

• INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
• LOSS OF ACTUAL OR ANTICIPATED PROFITS;
• LOSS OF REVENUE;
• LOSS OF GOODWILL;
• LOSS OF DATA;
• LOSS OF ANTICIPATED SAVINGS;
• WASTED EXPENDITURE; OR
• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MESSAGESPACE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Governing Law

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and MessageSpace agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Terms of Use and all other policies available on this Service shall be interpreted and construed in accordance with the laws of England. Any dispute or claim relating to products available on this App/Website or the services rendered by this App/Website, its enforceability or the termination under these Terms of Use and/ or other policies available on this App shall be governed by the Arbitration and Conciliation Act, 1966 by a sole arbitrator, who shall be mutually appointed from a panel of independent arbitrators identified by MessageSpace. The seat and venue of Arbitration shall be Mumbai, England and the language of proceedings shall be English. The App/Website User and the App/Website Owner agree specifically to submit to the exclusive jurisdiction of the Courts of England over any disputes relating to the subject matter, herein.

Integration and Severability

These Terms of Use are the entire agreement between you and MessageSpace with respect to the Service and use of the Site, Service or User Submissions, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and MessageSpace with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, MessageSpace must provide you with written notice of such waiver through one of its authorized representatives.

Modification of Terms of Use

MessageSpace reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you to notice through the Service or via email. MessageSpace may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. You shall also be notified of any modifications to these Terms of Use as and when effected or at least once a year.

Other Provisions

Claims of Copyright or Trademark Infringement

Claims of copyright or trademark infringement should be sent to MessageSpace’s designated agent. If you believe that someone is infringing your copyright or trademark rights on MessageSpace, you can report it to us by contacting us as per MessageSpace’s Communications – Legal & Notices mentioned below with a report containing the following information:

a. your complete contact information (name, mailing address and phone number),

b. a detailed description of the campaign on MessageSpace that you claim infringes your copyright or trademark along with details on how it infringes upon your copyright or trademark,

c. the web address (URL) of the infringing content,

d. a declaration that you are filing this report in good faith and that all the information provided is accurate and that you are the owner of the copyright and/or trademark.

Please attach your digital signature or physical signature to the report.

Within 36 hours of receiving this notice with the above mentioned details, we will take down the allegedly infringing material from public view while we assess the issues identified in your notice.

On completion of the take-down procedure above:

• If the complainant is successful in obtaining an order of injunction from a court of competent jurisdiction within 21 days from filing the complaint, the material will be permanently removed from MessageSpace’s website and database upon MessageSpace being provided with a copy of such order;
• If the complainant is not successful in obtaining an order of injunction from a court of competent jurisdiction within 21 days from receiving notice from the complainant, the material will be made available for public view once again.

You may be able to resolve the issue without contacting MessageSpace. Please remember, that only the copyright/trademark owner or their authorized representative may file a report of infringement. If you believe something on MessageSpace infringes someone else’s copyright/trademark, you may want to let the rights owner know.

Notice

MessageSpace may give notice by means of a general notice on the Services, notification within the Site on your Account, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to MessageSpace by written communication as per MessageSpace’s Communications – Legal and Notices mentioned below.

General

You may not assign or transfer these Terms of Use in whole or in part without MessageSpace’s prior written approval. You hereby give your approval to MessageSpace for it to assign or transfer these Terms of Use in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of MessageSpace’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, MessageSpace or any Third-Party Provider as a result of the contract between you and MessageSpace or use of the Services.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms of Use but the legality, validity and enforceability of the other provisions in these Terms of Use shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms of Use. These Terms of Use constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms of Use, the words “including” and “include” mean “including, but not limited to.”

Miscellaneous

MessageSpace shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MessageSpace’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with MessageSpace’s prior written consent. MessageSpace may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.