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 the owners
and operators of ValText.com, Valtext
Mobile Target Marketing and/or Digital
Marketing Innovations, Inc. (DMI) or it's
assigns. Before you use our Services
(the Service), please read this TOS carefully
as they govern your use of the Service.
By using the Service you are indicating
your acceptance of and agreement to be
bound by all of the terms of the TOS.
ValText.com and /or DMI may modify or
revise this TOS from time to time without
notice to you. Although we 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 our Service.
1. DESCRIPTION OF SERVICE
The Service provides you the right to
use our proprietary programming and/or
website which enables us to send on your
behalf, conforming text-based messages
to individuals who voluntarily join your
mobile list by subscribing from their
cell phones using the authorized DOTCOM
(368266), DOTNET (368638), and DOTORG
(368674) short codes. You also understand
and agree that our programming, creative
services and ongoing maintenance is the
core of the Service, and that the DOTCOM,
DOTNET, and DOTORG short codes used by
our programming are not an integral part
of the Service, and that these short codes
are provided by third-party short code
providers, namely Scientific Media Inc.,
and that the performance, availability,
and charges associated with these short
codes are subject to change at any time
by the short code providers, and are not
guaranteed by this Service. The use of
these short codes are being made available
to you on an "AS-IS" basis and based exclusively
on current conditions whereby the current
providers of the DOTCOM, DOTNET, and DOTORG
short codes are offering the use of these
short codes free of charge. You also understand
and agree that changes in the performance,
availability, and pricing for the use
of these short codes are beyond the control
of ValText Mobile Target Marketing and
may change at any time. You understand
and agree that ValText Mobile Target Marketing
may determine, in its sole discretion,
to limit, change, or otherwise modify
the use of the Service, including placing
advertising riders with delivered messages,
changes in the maximum disk space that
will be allotted on servers used 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
ValText Mobile Target Marketing shall
have no liability stemming from such changes.
Any additions or modifications to the
Service shall be at the sole discretion
of ValText Mobile Target Marketing 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 text messaging
charges that will depend on the plan that
you have with your wireless carrier. ValText
Mobile Target Marketing 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 ValText.com
and/or ValText Mobile Target Marketing.
By using the Service you agree that ValText
Mobile Target Marketing shall not be liable
to you for any modification, suspension
or discontinuance of the Service.
2. USING THE SERVICE
The use of this Service requires an Account
that is licensed and issued by ValText
Mobile Target Marketing and must be duly
registered to the individual requesting
the Service. Your account designation
will be active upon completing the Service's
application and approval process. You
are responsible for maintaining the confidentiality
of any and all software code used for
the service and are fully responsible
for all activities that occur on your
account. 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 ValText Mobile Target Marketing has
reasonable grounds to suspect that such
information is untrue, inaccurate, not
current or incomplete, ValText Mobile
Target Marketing reserves 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 this and other 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.
3. FEES FOR USING THE SERVICE
Any monetary consideration for our Services
pays exclusively and specifically for
the use of the online portal which enables
the sending conforming text-based messages
that can be subscribed from and delivered
to mobile phones using the authorized
DOTCOM (368266), DOTNET (368638), and
DOTORG (368674) short codes. 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 the use of the short codes or
any related telecommunications 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 any shipping and handling
fee.
4. PROPER USE OF THE SERVICE
You understand that any and all "Content"
(information, data, text, messages, 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 ValText Mobile Target Marketing,
are entirely responsible for all content
uploaded, post, email, transmit, or otherwise
make available via the Service. Likewise,
ValText Mobile Target Marketing 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 ValText Mobile
Target Marketing 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 considered
unacceptable by the TOS governing the
use of the DOTCOM, DOTNET, and DOTORG
short codes. 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.
5. TRADEMARKS,
COPYRIGHT, AND PROPRIETARY RIGHTS
ValText Mobile Target Marketing 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 ValText Mobile Target Marketing 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 their creator 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
Any and all resale of the service must
be approved in advance, in writing by
ValText.com and/or ValText Mobile Target
Marketing If and when you are approved,
and 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 ValText
Mobile Target Marketing, and strictly
comply with any and all governmental laws
pertaining to the sending of commercial
messages via the Internet and telephonic
devices. ValText Mobile Target Marketing
expressly forbids you from marketing,
promoting, distributing, using, or offering
this Service for use as a tool to deliver
unacceptable materials as defined in Section
4 above and/or unsolicited commercial
messages sent to personal computers and
mobile devices. You may not promote or
refer to this Service or to ValText Mobile
Target Marketing when using any form of
unsolicited commercial messages or any
messages not approved by ValText Mobile
Target Marketing. You understand and agree
that ValText Mobile Target Marketing 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
ValText.com and/or ValText Mobile Target
Marketing 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.ValText
Mobile Target Marketing 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. ValText Mobile Target Marketing
DOES NOT AND CAN NOT GUARANTEE THE PERFORMANCE
OF THE DOTCOM, DOTNET, AND DOTORG SHORT
CODES. ValText Mobile Target Marketing
MAKES NO GUARANTEES REGARDING MOBILE CONTENT
DELIVERY TIME OR EVEN OF DELIVERY.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,
SHALL ValText.com and/or ValText Mobile
Target Marketing 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 ValText.com
and/or ValText Mobile Target Marketing
HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSSES.
9. INDEMNIFICATION.
You agree to indemnify, defend and hold
harmless ValText.com and/or ValText Mobile
Target Marketing, 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. You also agree to indemnify and
hold ValText.com and/or ValText Mobile
Target Marketing, 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 mobile 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 Illinois, 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 courts or
state courts located in the county where
ValText.com and/or ValText Mobile Target
Marketing maintains its headquarters in
the State of Illinois, 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 six (6)
months after such claim or cause of action
arose or be forever barred.
11. ENTIRE AGREEMENT
This TOS constitutes the entire agreement
between you and ValText.com and/or ValText
Mobile Target Marketingand governs your
use of the Service, superseding any prior
agreements between you and ValText.com
and/or ValText Mobile Target Marketing
with respect to the Service. Except as
expressly set forth in Section 1, the
TOS may be modified only in writing signed
by ValText.com and/or ValText Mobile Target
Marketing. 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 ValText.com and/or ValText Mobile Target
Marketing 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
of this TOS to:
ValText Mobile Target Marketing
is owned and operated by:
Digital
Marketing Innovations, Inc.
C/O CGCA, LLC
P.O. Box 281 Plainfield, IL 60544
Phone: 630.286.9891 Email: legal@valtext.com
Return
to Homepage
|
