TERMS OF USE

Terms of Use

Effective Date: 01/01/2025

Welcome to M&S Messenger Services ("we", "us", or "our"). By accessing or using our website www.mandsmessenger.com (the "Site") and our messaging services (the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the Site or Services.

1. Acceptance of Terms

By accessing and using the Site and Services, you accept and agree to these Terms, as well as any additional terms, conditions, or policies incorporated by reference. We reserve the right to update or modify these Terms at any time, and such changes will be posted on this page. It is your responsibility to review these Terms periodically for any updates. Your continued use of the Site or Services after such changes constitutes your acceptance of the modified Terms.

2. Eligibility

You must be at least 18 years old to use the Site and Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age and capable of entering into a legally binding agreement. If you are using the Site or Services on behalf of an organization, you represent that you have the authority to bind the organization to these Terms.

3. Account Registration

To access certain features of the Site or Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update this information as necessary to keep it accurate. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

4. Use of the Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not use the Site or Services to:

• Violate any applicable local, state, national, or international law or regulation.
• Send, upload, or transmit any harmful, abusive, defamatory, or illegal content.
• Impersonate any person or entity or falsely represent your affiliation with any person or entity.
• Attempt to gain unauthorized access to any part of the Site or Services, including through hacking or other means.

We reserve the right to suspend or terminate your account or access to the Services if we believe you have violated these Terms.

5. Privacy and Data Protection

Your use of the Site and Services is also governed by our [Privacy Policy], which explains how we collect, use, and protect your personal data. By using the Site or Services, you consent to the practices outlined in the Privacy Policy.

6. Content Ownership and Rights

The content, features, and functionality of the Site and Services, including text, graphics, logos, images, and software, are owned by [Company Name] or its licensors and are protected by intellectual property laws. You may not use, copy, distribute, or modify any content from the Site without prior written permission from M&S Messenger Services.

You retain ownership of any content you upload, post, or transmit through the Services, but by doing so, you grant M&S Messenger Services a worldwide, non-exclusive, royalty-free, transferable license to use, display, and distribute such content as necessary to provide the Services.

7. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by M&S Messenger Services. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. By using these links, you acknowledge and agree that M&S Messenger Services is not responsible or liable for any damage or loss caused by such third-party websites or services.

8. Disclaimers

The Site and Services are provided "as is" and "as available." M&S Messenger Services makes no representations or warranties of any kind, express or implied, regarding the operation of the Site or Services, or the accuracy, completeness, or reliability of any content or materials provided through the Site or Services. You use the Site and Services at your own risk.

We do not guarantee that the Site or Services will be uninterrupted, error-free, or free from viruses or other harmful components. We are not responsible for any disruptions, delays, or damages that result from the use of the Site or Services.

9. Limitation of Liability

To the fullest extent permitted by law, M&S Messenger Services and its affiliates, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Site or Services, including but not limited to loss of data, profits, or goodwill.

10. Indemnification

You agree to indemnify, defend, and hold harmless M&S Messenger Services, its affiliates, officers, employees, agents, and licensors from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in connection with your violation of these Terms or your use of the Site or Services.

11. Termination

We reserve the right to suspend or terminate your access to the Site or Services, without notice, if we believe that you have violated these Terms or engaged in activities that are harmful to the Site or other users. Upon termination, all rights granted to you under these Terms will immediately cease, and you must stop using the Site and Services.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of State of New York. Any disputes arising out of or in connection with these Terms will be resolved in the courts of [Your Jurisdiction].

13. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and [Company Name] regarding the use of the Site and Services.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision or any other provision.

14. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

M&S Messenger Services
PO Box 22

White Plains, NY 10602
914 548 3649