Terms of Service

Terms of Service

Last modified: May 22, 2012

This TERMS OF SERVICE AGREEMENT (“TOS”) is a legal agreement between you,

an individual or an individual acting on behalf of your business or

employer, a corporation, partnership, or other legal entity, and

Ferdiworks.com. Before you use this site, please read this TOS carefully

as they govern your use of the Mobile Advertising Service provided at this

website. By using the Mobile Advertising Service you are indicating your

acceptance of and agreement to be bound by all of the terms of the TOS.

Ferdiworks.commay modify or revise this TOS from time to time without

notice to you. Although Ferdiworks.com may attempt to notify you when

major changes are made to this TOS, you should visit this page

periodically to review the TOS. Any modification and/or revision of the

TOS will be effective when posted on this page. By continuing to use the

Service after such modifications and/or revisions are posted, you agree to

be bound by such modifications and revisions. If you do not agree with all

of the terms of the TOS, then you may not use this service.

1. DESCRIPTION OF SERVICE

Please note: Not all account come with SMS Text messaging or SMS Text Marketing – You do not have SMS Marketing with your mobile website unless you order it and pay for the service separately!
(A.) The Service provides you the right to use the proprietary software

offered at Ferdiworks.com that may enable you to view, display, create,

edit, and update advertisements, and post conforming commercial and non-

commercial messages with text and pictures that can be viewed as mobile

application or mobilized website on telephonic and computer devices with

connection to the Internet and the World Wide Web, as well as receive

information via SMS text message. Please note that you do not have SMS Marketing with your mobile website unless you order it and pay for the service seperatly!

(B.) You also understand and agree that the software itself is the core of

the Service, and that changes in the performance and availability of

operating systems on mobile and computer devices, the Internet, and the

World Wide Web, changes in mobile devices, platform and operating systems,

and or changes in SMS services, are beyond the control of Ferdiworks.com

and may change at any time, and that any short code or dedicated access

number used with the software is not an integral part of the Service, and

that these numbers are sourced from third-party providers, and that the

performance, availability, and charges associated with these numbers and

the associated SMS text messaging service are subject to change at any

time by their providers, and are not guaranteed by this Service.

(C.) The use of any short code or dedicated access number is being made

available to you on an “AS-IS” basis and based exclusively on current

conditions by which their respective providers are offering the use of

these numbers. You also understand and agree that changes in the

performance, availability, and pricing for the use of these numbers are

beyond the control of Ferdiworks.com and may change at any time, and that

any changes in the pricing for the use of these numbers shall be passed on

to you on a bulk flat rate or per text message basis.

(D.) You understand and agree that Ferdiworks.com may determine, in its

sole discretion, to limit, change, or otherwise modify the use of the

Service, including placing advertising riders on applications, mobilized

websites, and text messages used by the Service, changes in the maximum

disk space that will be allotted on Ferdiworks.com’s servers on your

behalf, and the maximum number of times and the maximum duration for which

you may access the Service in a given period of time. You acknowledge and

agree that these changes may take place and that Ferdiworks.com shall have

no liability stemming from such changes. Any additions or modifications to

the Service shall be in the sole discretion of Ferdiworks.com or its

system providers, and will be subject to this TOS. You are solely

responsible for any fees, charges and expenses incurred by you in

accessing and using the Service, including, but not limited to, standard

Internet access and mobile carrier charges. Ferdiworks.com uses reasonable

efforts to ensure that the Service is available on a 24/7 basis. However,

there will be occasions when the Service will be interrupted for

maintenance, repairs, upgrades, failure of telecommunications links and

equipment, and emergencies that are beyond the control of Ferdiworks.com.

By using the Service you agree that Ferdiworks.com shall not be liable to

you for any modification, suspension or discontinuance of the Service.

Please note: Not all account come with SMS Text messaging or SMS Text Marketing –¬†You do not have SMS Marketing with your mobile website unless you order it and pay for the service separately!

2. USING THE SERVICE
The use of this Service requires successful login to an Account that is

licensed by Ferdiworks.com and must be duly registered to the individual

accessing the Service. Your password and account designation will be

active upon completing the Service’s registration and activation process.

You are responsible for maintaining the confidentiality of the password

and account designation and are fully responsible for all activities that

occur under your password or account designation. You represent that you

are of legal age to form a binding contract and are not a person barred

from receiving services under the laws of the United States or other

applicable jurisdiction. You also agree to provide true, accurate,

current, and complete information about yourself, as well as maintain and

promptly update any registration data to keep it true, accurate, current

and complete. If you provide any information that is untrue, inaccurate,

not current, or incomplete, or Ferdiworks.com has reasonable grounds to

suspect that such information is untrue, inaccurate, not current or

incomplete, Ferdiworks.com has the right to suspend or terminate your

account and refuse any and all current or future use of the Service or any

portion thereof. The Service is not designed for or directed to children

under the age of 13. Children under the age of 13 may not use the Service.

Any use of the Service in violation of or not in strict compliance with

this TOS shall constitute grounds for the automatic termination of

Service, and shall equally constitute a bar to your access and use of

websites associated with the Service. Upon such termination, you shall

destroy any and all materials, computer files, and documentations of the

Service in your possession and immediately cease marketing, promoting,

distributing, using, or offering for use the Service in any manner that

may cause the further use of the Service.

Please note: Not all account come with SMS Text messaging or SMS Text Marketing – You do not have SMS Marketing with your mobile website unless you order it and pay for the service separately!

3. FEES FOR USING THE SERVICE

Please note: Not all account come with SMS Text messaging or SMS Text Marketing – You do not have SMS Marketing with your mobile website unless you order it and pay for the service separately!
Any monetary consideration you paid to be able to use this Service pays

exclusively and specifically for your right to use the web-based software

which enables you to view, display, create, edit, update, and post

conforming messages that can be accessed as a mobile application or via

the mobile web. Any monetary consideration you paid does not give you

ownership of any code, aspect, part, or component of the software, and

does not pay for any other web-related services. You do not own any part

of the software that is used in any part of the Service. No refunds shall

be given for discontinued use, unused software licenses, prepaid services,

or for any installation, activation, custom or standard programming

performed on behalf of an application, website, or domain name that has

been configured, used or prepared to be used to function with the service.

4. YOUR PROPER USE OF THE SERVICE
You understand that any and all “Content” (information, data, text,

messages, pictures, or other materials), whether publicly posted or

privately transmitted, are the sole responsibility of the person from

which such content originated. This means that you, and not

Ferdiworks.com, are entirely responsible for all content that you upload,

post, email, transmit, or otherwise make available via the Service.

Likewise, Ferdiworks.com does not control the content posted via the

Service and, as such, does not guarantee the accuracy, integrity, or

quality of such content. You understand that by using the Service, you may

be exposed to content that is offensive, indecent, or objectionable. Under

no circumstances will Ferdiworks.com be liable in any way for any content,

including, but not limited to, for any errors or omissions in any content,

or for any loss or damage of any kind incurred as a result of the use of

any content posted, emailed, transmitted, or otherwise made available via

the Service. You agree not to use the Service to upload, post, text

message, email, transmit, or otherwise make available any adult content,

or any content that may impersonate any person or entity, as well as

infringe any patent, trademark, trade secret, copyright, or other

proprietary rights. You agree not to use the Service to upload, post, text

message, email, transmit, or otherwise make available any content that is

unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,

vulgar, obscene, libelous, invasive of another’s privacy, hateful, or

racially, ethnically, or otherwise objectionable.

Please note: Not all account come with SMS Text messaging or SMS Text Marketing – You do not have SMS Marketing with your mobile website unless you order it and pay for the service separately!

5. TRADEMARKS, COPYRIGHT, AND PROPRIETARY RIGHTS
Ferdiworks.com does not claim ownership of any Content you submit or make

available for inclusion on the Service. However, with respect to Content

you submit or make available for inclusion on the Service, you claim that

you have the right to use such Content and grant to Ferdiworks.com a

perpetual, non exclusive worldwide, royalty-free, transferable right and

license to use in any way such Content, including all related intellectual

property rights, to provide the Service. The Service and any website

associated with this Service, along with any and all of its aspects, parts

or components, or any combination or permutation of such aspects, parts

and components, are the exclusive intellectual property of its creators

and are protected under intellectual property laws and treaties. You may

not exercise any ownership rights over this Service, any and all of its

aspects, parts or components, or any combination or permutation of such

aspects, parts and components, and may not exercise any rights over the

same. Specifically, you may not use in an unintended manner, reverse

engineer, decompile or disassemble this Service and any and all of its

aspects, parts or components, or any combination or permutation of such

aspects, parts and components. Any unauthorized reproduction, publication,

further distribution, or public exhibition of the materials provided on

the Service, in whole or in part, is strictly prohibited.

6. RESELLING THE SERVICE

Please note: Not all account come with SMS Text messaging or SMS Text Marketing – You do not have SMS Marketing with your mobile website unless you order it and pay for the service separately!

You do not have reseller rights to any ferdiworks.com services or products unless it is in written aproval or reseller service you purchased!
If you decide to resell, market, promote, offer or otherwise represent the

Service to others, you hereby agree to market, promote, distribute, use,

and offer for use the Service in a responsible manner, and agree to the

burden of exclusive and absolute responsibility for all your Users. You

agree to use only methods, media, materials and documents approved by

Ferdiworks.com, and strictly comply with any and all governmental laws

pertaining to the sending of commercial messages via the Internet and

telephonic devices. Ferdiworks.com expressly forbids you from marketing,

promoting, distributing, using, or offering this Service for use as a tool

to deliver unacceptable materials as defined in Section4 above and/or

unsolicited commercial messages sent to personal computers and mobile

devices. You may not promote or refer to this Service or to Ferdiworks.com

when using any form of unsolicited commercial messages or any messages not

approved by Ferdiworks.com. You understand and agree that Ferdiworks.com

shall have exclusive and final right to determine the occurrence of any

violation regarding these matters, whether by you or your Users, and

reserves the right to immediately terminate your right to the Service.

7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Ferdiworks.com.com DOES NOT MAKE

ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT

LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS

FOR A PARTICULAR PURPOSE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

Ferdiworks.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR

REQUIREMENTS OR YOUR EXPECTATIONS, OR THAT THE SERVICE WILL BE

UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Ferdiworks.com DOES NOT AND

CAN NOT GUARANTEE THE PERFORMANCE AND AVAILABILITY OF THE MOBILE WEB OR OF

ANY AND ALL RELATED SERVICES THAT MAKE MOBILE WEB AVAILABLE.

8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING

NEGLIGENCE, SHALL Ferdiworks.com OR ANYONE ELSE INVOLVED IN ADMINISTERING

OR DISTRIBUTING THE SERVICE OR ANY SOFTWARE OR PRODUCT PROVIDED IN

CONNECTION THEREWITH, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR

CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR

LOSS OF REVENUES, GOODWILL, OR OTHER INTANGIBLE LOSSES THAT RESULT FROM

THE USE OF OR INABILITY TO USE THE SERVICE, MISTAKES, OMISSIONS,

INTERRUPTIONS, DELETION OF FILES OR EMAIL ERRORS, DEFECTS, VIRUSES, DELAYS

IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION

OR UNAUTHORIZED ACCESS TO DATABASE RECORDS, PROGRAMS OR SERVICES, EVEN IF

Ferdiworks.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.

9. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Ferdiworks.com and its

officers, directors, employees, subsidiaries, affiliates, agents,

shareholders, suppliers, and service providers from any costs, expenses,

including, among other expenses, attorneys’ fees and expenses, losses,

damages, specifically excluding consequential, exemplary, special,

indirect or punitive damages, suits, claims, or liabilities incurred and

arising from or relating to your marketing, promotion, distribution, use,

or offer to use this Service as well as your use of the domain name under

which you are marketing, promoting, distributing, or using this Service.

You also agree to indemnify and hold Ferdiworks.com, and its officers,

directors, employees, subsidiaries, affiliates, agents, shareholders,

suppliers, and service providers harmless from any claim or demand,

including reasonable attorneys’ fees, made by any third party due to or

arising out of any and all advertising content you submit, post, transmit,

or make available through the Service, your use of the Service, your

connection to the Service, your violation of the TOS, or your violation of

any rights of another.

10. CHOICE OF LAW AND FORUM
Interpretation and enforcement of this Agreement shall be governed by and

construed in accordance with the laws of the State of Fl, without regard

to its conflicts of law rules. You expressly agree that the exclusive

jurisdiction for any claim or action arising out of or relating to this

TOS or your use of the Service shall be filed only in the federal or state

courts located in the county where Ferdiworks.com holds offices, in the

State of Fl, and you further agree and submit to the exercise of personal

jurisdiction of such courts for the purpose of litigating any such claim

or action. You agree that regardless of any statute or law to the

contrary, any claim or cause of action arising out of or related to the

use of the Service or these Terms of Service must be filed within one (1)

year after such claim or cause of action arose or be forever barred.

11. ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Ferdiworks.comm

and governs your use of the Service, superseding any prior agreements

between you and Ferdiworks.com with respect to the Service. Except as

expressly set forth in Section 1, the TOS may be modified only in writing

signed by Ferdiworks.com. If any provision of this Agreement shall be held

invalid or unenforceable in whole or in part for any reason, such

provision shall be ineffective to the extent of such invalidity or

unenforceability without in any manner affecting the validity or

enforceability of any of the remaining provisions of this Agreement. Any

failure by Ferdiworks.com to exercise or enforce any right or provision of

the TOS shall not constitute a waiver of such right or provision. You

acknowledge that the TOS and any modifications thereto constitute the

complete agreement regarding this subject, and supersedes any prior oral

or written communications relating to this subject. Report any violation

to this TOS to:

Ferdiworks.com