These Mobile Money Services Supplemental Terms and Conditions (the "Terms and Conditions") govern the Mobile Money Services (collectively, the "Mobile Services") offered by Liberty Bank, which includes the SMS and Alerts Service ("Mobile Texts") and the Liberty Mobile Check Deposit Service ("Liberty Mobile Check Deposit"). These Terms and Conditions are supplementary to the "Liberty Bank Personal Online Banking Agreement" (available by clicking here, the "Online Banking Terms"), which governs your Personal Online Banking with us at www.therisingstar.com (the "Website").
As used in these Terms and Conditions, "you" or "your" refers to the person(s) enrolling in or using the Mobile Services; and "Bank" "we", "us" or "our" refers to Liberty Bank and any agent, independent contractor, designee, or assignee we may, in our sole discretion, involve in the provision of the Mobile Services; "Account" means any personal, non-business deposit or loan account you have with the Bank which is accessible through Personal Online Banking; and "Account Terms and Conditions" means the agreements, disclosures, notices and related documents governing your Account, other than the Online Banking Terms and these Terms and Conditions.
By using any of the Mobile Services, you are agreeing to these Terms and Conditions and the terms and conditions contained in the Online Banking Terms. In our discretion, we may modify these Terms and Conditions at any time by providing notice to you of the modified terms. Your use of the Mobile Services after receipt of the notice will constitute your acceptance of the modified Terms and Conditions.
You acknowledge that in connection with your use of the Mobile Services, the Bank and its affiliates and service providers, including Fiserv, Inc. and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Mobile Services (collectively “User Information”). The Bank and its affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. The Bank and its affiliates and service providers also reserve the right to monitor use of the Services for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
RESTRICTIONS ON USE
You agree not to use the Mobile Services in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Mobile Services to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by the Bank (in its sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of the Bank or any third-party service provider involved in the provision of the Mobile Services; or (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Mobile Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose the Bank, any third-party service provider involved in providing the Mobile Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Fiserv or any third party. You agree that you will not attempt to: (a) access any of the Mobile Services for which your use has not been authorized; or (b) use or attempt to use a third party’s account; or (c) interfere in any manner the provision of the Mobile Services, the security of the Mobile Services, or other customers of the Mobile Services, or otherwise abuse the Mobile Services.