DRAGONSABROAD Canada SMS Message Service

MOBILE MESSAGING SERVICE RULES 1.1     If you choose to use the Mobile Message Service from this web site (the "Service"), you agree to abide by all of the terms and conditions of the Dragonsabroad Inc. ("Dragonsabroad") Site Terms and Privacy Policy posted on this web site, as well these Dragonsabroad Mobile Messaging Service Rules (these "SMS Terms") governing the provision of Dragonsabroad Mobile Messaging Services (this "SMS Service") as offered by Dragonsabroad and its service provider. 1.2     The Providers may change these SMS Terms, or change, modify or withdraw access to, or the content of, these Site Pages at any time, with or without notice, so you should recheck these SMS Terms prior to each use of the SMS Service from this Site. Dragonsabroad has posted above the effective date of this version of these Site Terms for your reference. at any time with or without notice. 1.3     YOUR USE OF THE SMS SERVICE TO SEND AN SHORT MESSAGE SERVICE MESSAGE WILL INDICATE ACCEPTANCE BY YOU OF THESE SMS TERMS, THE Dragonsabroad SITE TERMS AND THE Dragonsabroad PRIVACY POLICY POSTED ON THIS SITE. 1.4     4 The Providers may change, suspend or discontinue any aspect of this SMS Service at any time, including the availability of any SMS Service feature or content. The Providers may also impose limits on certain features and services or restrict your access to parts or all of the SMS Service without notice or liability. 2.     CONTENT 2.1     1 This SMS Service are intended for your personal, noncommercial use. All information provided by the SMS Service (¡°Content¡±) is protected by copyright, and owned or controlled by the Providers. You shall abide by all additional copyright notices, information, or restrictions contained on this web site and applicable to any Content accessed through the SMS Service. 2.2     This SMS Service and Content are protected by copyright pursuant to U.S., Canadian and international copyright laws. 3    LIMITATIONS THE SMS SERVICE AND ALL CONTENT ARE PROVIDED AND DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SMS SERVICE IS AT YOUR SOLE RISK. THE PROVIDERS SHALL NOT BE LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN ANY CONTENT OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, OR FOR ANY DAMAGES ARISING THEREFROM 4    SERVICE USE 4.1    To use the SMS Service, you are required to provide to the Providers your name, as well as certain other information. You may not impersonate another person while using the SMS Service. Failure to comply with the foregoing shall constitute a breach of these MMS Terms, which may result in immediate termination of your use of the SMS Service. 4.2    Among other terms stated in this Site's Privacy Policy and Site Terms, you agree to abide by the "Privacy and Submissions" and "Managing Content" sections of this Site's Site Terms http://www.Dragonsabroad.com/siteterms.html, including without limitation those regarding not submitting any content via this SMS Service that contains any material that is unlawful, libelous, slanderous, defamatory or invasive of another person's privacy, or that Dragonsabroad may reasonably deem harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication. 5    FEES AND PAYMENTS 5.1     The Providers reserve the right at any time to charge fees for use of the SMS Service on a going forward basis. However, in no event will you be charged for access to the SMS Service unless we obtain your prior agreement to pay such charges. Thus, if at any time the Providers require a fee for use of the SMS Service, the Providers will give you advance notice of such fees and the opportunity to decline use of the SMS Service before such charges are imposed. Please note that mobile service provider charges may apply to recipient's of the SMS Service from this web site. 6    TERMINATION 6.1    The Providers may, in their sole discretion, terminate or suspend your access to all or part of the SMS Service for any reason, including, without limitation, breach of these MMS Terms. 7    MISCELLANEOUS 7.1    Except to the extent governed by applicable U.S. federal law, these MMS Terms are governed by shall be construed and enforced in accordance with Canadian law, excluding its conflict of law rules. Any dispute relating in any way to your visit to this Site, or your use of the SMS Service, shall be submitted (together with any counterclaims and disputes under or in connection with other transactions and/or agreements between you and Dragonsabroad) to final and binding, confidential arbitration to the Dallas, Texas office of the American Arbitration Association (the "AAA"), with such arbitration to be held in Dallas County, Texas, except that, to the extent you have in any manner violated or threatened to violate any Dragonsabroad or Dragonsabroad affiliates' or licensors' intellectual property rights, Dragonsabroad may seek injunctive or other appropriate relief in any state or federal court in the state of Texas or, at Dragonsabroad's option, any other appropriate state or country, and you consent to exclusive jurisdiction and venue of such court. Arbitration under these SMS Terms shall be conducted under the then prevailing Wireless Industry Arbitration Rules of the AAA (except as such rules may be modified by the terms of these SMS Terms), unless otherwise agreed in writing by you and Dragonsabroad, and shall be heard by a single arbitrator. Subject to any terms contained in these SMS Terms limiting or excluding damages, the arbitrator may award any relief that the arbitrator deems proper, including without limitation equitable relief, provided that no award of exemplary, special, consequential or punitive damages shall be permitted. The prevailing party, as determined by the arbitrator, shall pay the AAA arbitration fees and the arbitrator's fees and expenses, as applicable. The arbitrator's award shall be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. To the fullest extent permitted by applicable law, the arbitration shall be conducted on an individual, not a class-wide basis, and no arbitration under these SMS Terms shall be consolidated with or joined to an arbitration involving any other person or entity, whether through class arbitration proceedings or otherwise, without the prior written consent of you and Dragonsabroad.