Terms and Conditions Registration and Eligibility Registration is mandatory to use APE52, LLC. By entering your cell phone number in our demo forms or filling and submitting registration forms, you agree with the terms of use. You must be 13 years of age or older to use APE52, LLC. We may accept or reject submitted registration forms in our sole discretion, without limitation, if we suspect, for any reason, that the individual submitting that form is not eligible to use APE52, LLC or is attempting to use in a manner in which it is not offered or void by law. If we accept your application for registration, we will set up an account (your "Account"), into which you may log in and from which you may create and send messages from time to time. We are authorized to send confirmation of the establishment of your Account to the cell phone or e-mail address used by you in your registration form. No individual is permitted to have more than one (1) Account. Any person who creates or attempts to create more than one (1) Account will be automatically disqualified from registration and using APE52, LLC for a period of one (1) year. We take measures to ensure that only individuals who are eligible to use APE52, LLC are able to register and use it. Void where prohibited by law. Residency will be determined and evaluated according to the laws of the relevant jurisdiction. We reserve the right, in our sole discretion at any time, to restrict participation to individuals from restrictive geographic boundaries. By using our Web sites, demos or submitting registration form, you represent and warrant that the information provided by you in the registration form (collectively, "Registration Information") is true, accurate, current and complete to the best of your knowledge. If you provide any Registration Information that is untrue, inaccurate, not current or incomplete, or we suspect for any reason that any of your Registration Information is untrue, inaccurate, not current or incomplete, we may terminate or suspend your Account or refuse any or all current or future participation in APE52, LLC. [Any user who enters untrue, inaccurate, not current or incomplete data is automatically disqualified.]� Your account or program information powered by APE52, LLC can be used in documentations, case studies, client examples, etc and also can be announced to third parties, or posted to our web sites or related web sites as news release, press release, news feed or any other form of hard copy, printing, electronic publication through any channel (mail, email, newsletter, etc) with no limitation. Also you are responsible for all trademarks and right of use of nickname, username, keywords, advertisements published by using APE52, LLC and in case of any legal conflict, APE52, LLC is not responsible to defend your rights for using such words or signs. Our users can use their� username and/or� nickname as an ID to use APE52, LLC services and it is valid as long as APE52, LLC provides its services to the users. User doesn't� own the username, nickname or keywords set up in APE52, LLC account or codes (short code or long code) and APE52, LLC has sole authority and right to cancel or suspend usernames or nicknames or keywords or use them for any other purposes at anytime without notice. Cost of Sending and Receiving Messages By sending and receiving messages using APE52, LLC you agree that APE52, LLC is not responsible for the cost of using SMS charged by your carrier. Cost of each service provided by APE52, LLC is already defined and announced and by registration for any service or use any of demos on APE52, LLC Web site, you take sole responsibility of charges involved. Respect for Privacy Policy You do agree to respect the privacy of others and not to send them messages without their permissions. However APE52, LLC is not responsible if anyone enters cell phone numbers of others without their permission. Message Delivery APE52, LLC is using a network of phone operators infrastructure, hardware and software of carriers plus aggregators' services to send SMS messages and it's not responsible for any failure or delay caused by those networks, facilities, hardware, software or human mistakes by their employees. Also send or receiving messages depends on cell phone devices used by users and APE52 doesn't guarantee to be able to communicate with any specific device. You use APE52, LLC with your own risk and with the assumption that other required networks, devices, software, hardware, telecommunication networks and any other necessary facilities are functioning properly. Content Adult content and gambling is not allowed on APE52, LLC short codes and emails powered by APE52, LLC. Any message linked to such content that leads the user to get access, preview, view, download or browse in any format via any protocol (including not limited to web, wap, etc). is also not allowed. Security and Third Party Web Sites The Internet is not a secure medium and neither the security nor the privacy of your communications can be guaranteed. The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. We will take reasonable measures to protect your personal information, including the use of technological measures (e.g., passwords, firewalls, encryption) and training of employees. You agree that our security procedures are reasonable and adequate for your use and that neither we nor our affiliates or subsidiaries will incur any liability of any kind whatsoever connected with the loss or disclosure of any data resulting directly or indirectly from any security breach. Any activity undertaken with respect to your account using any user identification codes and/or passwords connected thereto shall be conclusively presumed to be authorized by you and you acknowledge and agree that you are solely and fully responsible for all actions and communications undertaken or transmitted under your account. You agree to notify us in writing immediately at admin[at]APE52, LLC.com if you know or suspect that any user identification code or password assigned to you has been lost, stolen, or the subject of unauthorized use. It is your sole responsibility to ensure that you exit from your Account by logging out at the end of each session. While we have no obligation to do so, you agree that we may log off accounts that are inactive for an extended period of time and that we will have no liability for doing so to you or to any third party. As a convenience to you, the APE52, LLC Web Site may link to Web sites operated by other entities. You acknowledge and agree that, because we have no control over those sites, we are not responsible for their availability, security, content, products or other materials on or available from such sites. Links do not imply that we endorse or are affiliated with any linked sites. Changes to APE52, LLC and/or the APE52, LLC Web Site We may change, modify, add, remove, suspend, cancel, restrict access to or discontinue any aspect of APE52, LLC or this APE52, LLC Web Site (including, without limitation, its content and/or features) in our discretion without notice or liability at any time, including, without limiting the generality of the foregoing, if and as required by applicable law. � Amendments to this Agreement APE52, LLC may change, add to or delete any portion of this Agreement in our discretion at any time. Each of these changes, additions or deletions ("amendments") will be effective when notice of them is posted on the APE52 Web Site. Your continued use of the APE52, LLC Web Site and/or your continued participation in APE52, LLC after amendments are posted will be considered acceptance of those changes. It is your sole responsibility to monitor the APE52, LLC Web Site to determine whether any such amendments have been posted. Each time you use APE52, LLC, you reaffirm and agree to be bound by this Agreement. Availability of Most Current Version of this Agreement A copy of the most current version of this Agreement will be available on the APE52, LLC Web Site for your convenience and ease of reference. We recommend that you print and retain a copy of this Agreement for your records, and that you check the APE52, LLC Web Site on a regular basis to see if there have been any amendments to this Agreement. Indemnity and Liability You agree to indemnify, defend and hold us, subsidiaries and affiliates, and our sponsors harmless from and against any and all claims, demands, actions, losses, damages, fines, penalties, costs (including legal costs) and other liabilities of any kind whatsoever, incurred by us directly or indirectly as a result of or in connection with your use of APE52, LLC and/or your access or use of the APE52, LLC Web Site in any manner that is not fully compliant with the letter and spirit of this Agreement. You acknowledge and agree that we provide APE52, LLC and the APE52, LLC Web site on an "as is" and an "as available" basis, that your participation in APE52, LLC and your use of the APE52, LLC Web site is at your own risk, and that we make no representations, warranties or covenants whatsoever with respect to any of them. For greater certainty, we do not guarantee that APE52, LLC or the APE52, LLC Web site will be available, run deficiency-free or uninterrupted, that we will correct all errors or deficiencies related thereto or that we will accept all eligible usages. We specifically disclaim all representations, warranties and covenants, express or implied, statutory or otherwise, with respect to APE52, LLC and the APE52, LLC Web site, including representations, warranties and covenants with respect to merchantability, satisfactory quality, scalability or fitness for a particular purpose. We will have no liability, and our subsidiaries affiliates and sponsors, and our directors, officers, employees, contractors, advisors and other representatives will have no liability, to any person or entity for any direct, indirect, special, consequential, punitive and other damages arising out of or related to claims in connection with APE52, LLC or the APE52, LLC Web site. The foregoing limits and exclusions of liability will operate notwithstanding anything to the contrary contained in this agreement or in any statute, regulation, guideline, policy, rule of law or other legal instrument and will apply regardless of the basis on which any person is entitled to claim, including but not limited to breach of contract (including without limitation fundamental breach) or tort (including without limitation negligence, gross negligence, negligent misrepresentation or other fault of ours, our affiliates, our sponsors or our affiliates or sponsors respective representatives), and apply even if we or our affiliates or sponsors or any of our respective representatives have been advised of the possibility of such damages. Governing Law; Statute of Limitations This Agreement will be governed by and construed in accordance with the laws of the State of California and the laws of the United States applicable therein, without giving effect to the conflicts of laws provisions. You agree to comply with all applicable laws of the State of California and the laws of the United States applicable therein in your participation in APE52, LLC and in your access to and use of the APE52, LLC Web Site. For all disputes arising from or related to this Agreement, APE52, LLC and/or the APE52, LLC Web Site, you agree to submit to the personal and exclusive jurisdiction of the superior and federal courts located in California. To the extent permissible at law, you hereby waive any right to trial by jury. You agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have with respect to this Agreement, your participation in APE52, LLC and your use of the APE52 Web Site must be commenced within one (1) year after the claim or cause of action arose or forever be barred. Intellectual Property The APE52, LLC Web Site, APE52, LLC and all accompanying content, materials, and code, are Copyright © 2005 of� APE52, LLC� Inc. All rights reserved. All trademarks are owned by� APE52, LLC� Inc., Sponsors, their respective affiliates, or are used under license. Copying, distribution, making of derivative works, or other unauthorized use of any copyrighted material or trademark or any content of the APE52, LLC Web Site without the express written consent of APE52, LLC or the owner of the relevant material is strictly prohibited. Assignment You cannot assign all or part of this Agreement without first getting our written approval. We can assign all or part of this Agreement without your consent by telling you about the assignment in writing, including, if we choose, by posting notice of the assignment on the APE52, LLC Web Site. This Agreement will bind you, your successors and your permitted assigns and us, our successors and our permitted assigns. General This Agreement constitutes the entire agreement between you and us relating to APE52, LLC and the APE52, LLC Web Site and may be amended or modified only as described herein. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of any of the foregoing to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement will continue in full force and effect. You agree that our conduct, actions or failure to enforce all or part of this Agreement does not waive any of our rights hereunder or change your obligations hereunder, unless you and we agree to and sign an amendment in writing. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Opt In / Out procedures. To “Opt In” - to any of APE52 programs & services simply text the “keyword” to 27352. To “Opt Out” - of a particular APE52 program or service simply reply with the word STOP To “Opt Out” - of all APE52 programs & services text STOP ALL to 27352. Standard carrier text messaging rates or other charges may apply. We recommend that you print a copy of this Agreement for your records. Questions about this Agreement should be sent to:� � support@ape52.com� Violations Please report any violations of this Agreement to� support@ape52.com� .