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Terms & Conditions
Terms of Use of GetSkoop.com Last updated February 2009 Thank you for visiting our site at www.GetSkoop.com ("Website"). Use and access of this Website, and the text message services described below (the "Service"), is subject to these terms and conditions of use (the "Terms") as well as our Privacy Policy. ** IF YOU DO NOT AGREE WITH ANY OF THE TERMS LISTED ON THIS WEBSITE, PLEASE LEAVE THIS WEBSITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING GETSKOOP.COM WITH THE "USAGE POLICY" TERMS DESCRIBED BELOW, DO NOT UTILIZE THE SERVICE PROVIDED BY GETSKOOP.COM, THANK YOU. ** Overview Services described in the Website may or may not be available in all countries or regions of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. The Service GetSkoop.com only provides that the text messages you send through the Service are processed correctly and delivered to the applicable network. GetSkoop.com is not responsible for the final delivery of the message or broadcast, as this is out of our control and is the responsibility of the cell telephone operator. GetSkoop.com sends and receives text messages via major telecommunications companies and mobile network operators, and thus GetSkoop.com's influence over the timing of the transmission of your messages is within the technical constraints imposed upon GetSkoop.com. While GetSkoop.com shall use commercially reasonable efforts to deliver your messages to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages and broadcasts across the mobile telephone network. You should know that mobile network operators assign text messages with a default lifetime and any message that cannot be delivered successfully within the lifetime assigned to it will be discarded by the mobile network operator without any notice. GetSkoop.com is not liable for any loss incurred by the failure of a message to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from GetSkoop.com for any such non-deliveries. Furthermore, you agree that message and broadcast contents are deemed to have zero value. Usage Policy You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages and broadcasts transmitted through GetSkoop.com. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, broadcasts and campaigns transmitted through GetSkoop.com by visiting the following websites:
The Telephone Consumer Protection Act (TCPA) (http://www.fcc.gov), the Federal Trade Commission (http://www.ftc.gov), the Federal Communications Commission (http://www.fcc.gov), DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls. GetSkoop.com is in no way attempting to interpret the TCPA of 1991 or any other laws, rules or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts and campaigns prior to using the Website or Service. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts and campaigns. You further agree that any individual requesting "Do-Not-Call" ("DNC") status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts used with the Services and the Website. You shall schedule campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data for inclusion in any outbound messages and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of the Website or Service. As part of the registration process you will select a unique username and password. You shall provide GetSkoop.com with accurate, complete, and regularly updated member profile information. You agree to notify GetSkoop.com of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, at GetSkoop.com's sole discretion, and you may be reported to appropriate law-enforcement agencies. You accept that the Service is provided for professional use only, and you agree that your use of the Website or Service shall not include:
You agree that GetSkoop.com is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts and GetSkoop.com will only transmit them on a basis of good faith that you use the Service in accordance with these Terms. GetSkoop.com will not be liable for any misuse of the Service by you. GetSkoop.com is not responsible for the views and opinions contained in any of your messages or broadcasts. We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Service, including the web pages that are part of the Service and the Website. Except as expressly provided in these Terms, the availability of the Service and such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the Website are the sole property of GetSkoop.com or its licensors, each of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not modify, alter, create any derivative works, reverse engineer, decompile or disassemble any portion of the Service or Website, including any proprietary communications protocol used by the Service or Website. Data Protection & Privacy Credits Credit Expiration Purchase of Credits Price Adjustment No Warranty; Limitation of Liability GetSkoop.com shall use commercially reasonable efforts to make access to the Service available through the required access protocols, but makes no warranty or guarantee that (i) the Service will be available at any particular time; or (ii) you will be able to access the Service at any particular time or from any particular location. GetSkoop.com will not be liable for any act or omission of any other company or companies furnishing a portion of the Service (including, without limitation wireless carriers), or from any act or omission of a third party, including those vendors participating in GetSkoop.com offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE WEBSITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, GETSKOOP.COM DOES NOT WARRANT THAT THE USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR THAT THE WEBSITE OR SERVICE WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS, OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. GETSKOOP.COM MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. GETSKOOP.COM SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE WEBSITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE OR DATA, GETSKOOP.COM IS NOT RESPONSIBLE FOR THOSE COSTS. GETSKOOP.COM'S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICE FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU IN THE MONTHLY PERIOD GIVING RISE TO THE FIRST CLAIM MADE. User Warranties; Indemnification You agree to indemnify, hold harmless, and defend GetSkoop.com and its affiliates and each of their respective officers, directors, shareholders, employees, agents, representatives, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to any actual or threatened claim, suit, action or proceeding based upon or arising out of: (i) your breach of the above warranties; or (ii) any use by you, or an account or computer owned by you, of the Website or Service. You agree to cooperate as fully as reasonably required in the defense of any claim and we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You acknowledge and agree to be held liable for any and all damages caused to GetSkoop.com by you as a direct result of a violation of local, state, national or international laws and regulations. Modification of Terms Termination, Cancellation and/or Suspension by GetSkoop.com Upon any such termination, cancellation and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Service (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Service and GetSkoop.com shall have no obligation to you after any termination or cancellation of these Terms. The provisions regarding ownership, payments, warranties and indemnifications will survive any suspension, termination or cancellation of your use of the Services or Website. Termination by the User Links to other Websites GetSkoop.com cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from the Website, since these websites are owned and operated by independent third-parties. GetSkoop.com does not endorse any of the products/services, nor has GetSkoop.com taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party websites. GetSkoop.com does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites. GetSkoop.com strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third-parties. All links to the Website must be approved in writing by GetSkoop.com, except that GetSkoop.com consents to links in which: (a) the link is a text-only link containing only the name "GetSkoop.com"; (b) the link "points" only to www.GetSkoop.com and not to deeper pages; (c) the link, when activated by a user, displays the Website's homepage in a full-screen and in a fully operable and navigable browser window and not within a "frame" on the linked website; and (d) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by GetSkoop.com nor be such as to damage or dilute the goodwill associated with the name and trademarks of GetSkoop.com or its affiliates. GetSkoop.com reserves the right to revoke this consent to link at any time in its sole discretion, without notice. Security Rules Force Majeure Miscellaneous No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind GetSkoop.com in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees. All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. GetSkoop.com may give notice to you by means of a general notice on the Website or Service, electronic mail to your e-mail address on record in GetSkoop.com's account information, or by written communication sent by personal delivery, fax, overnight courier, or certified or registered mail to your address on record in GetSkoop.com's account information. You hereby grant GetSkoop.com the right to use your name and/or logo within a publicly viewable list of clients or in press releases applicable to GetSkoop.com, the Website or the Service. These Terms shall be governed by and construed in accordance with the laws of the State of New York notwithstanding its laws governing conflicts of laws. The parties agree that any action or proceeding brought to defend the rights or enforce the obligations of a party hereto shall be brought in the courts of the State of New York. The terms and conditions of Service are only those stated herein, which shall constitute the complete agreement between the parties. No terms and conditions stated in or attached to your communications to Texting are applicable to these Terms in any way and are not to be considered your exceptions to the provisions of these Terms.
ANTI-SPAM POLICY OF GETSKOOP.COM Last updated February 2009 Thank you for visiting our site at www.GetSkoop.com ("Website"). Use and access of this Website, and the text message services described below (the "Service"), is subject to the terms and conditions as set out in our Terms of Service as well as our Privacy Policy. GetSkoop.com Anti-Spam Policy The GetSkoop.com Service allows only verified opt-in subscriptions. GetSkoop.com ensures that all subscribers can opt-out quickly, easily, and permanently from unwanted SMS communications by sending a text message with the word STOP from their mobile phone to the short code 75667. GetSkoop.com’s Definition of Spam We consider any unsolicited, unexpected, or unwanted text message to be spam. We believe that any type of communication sent to a subscriber about an unrelated subject, that the subscriber did not request, to be spam. We do not allow use of 3rd party lists (lists that neither we nor our client have lawfully created), whether consent has been gathered or not. Anti-Spam Policy Enforcement In our Terms of Service agreement, our Clients specifically agree not to use GetSkoop.com to send unsolicited text messages or spam, and Clients specifically agree to our opt-in only policy. If we suspect a violation of our Anti-Spam Policy, we will contact the Client and discuss the Client’s options, which may range from a warning, to termination of service for that Client. To the best of our knowledge, our system adheres to all state and national laws regarding sending unsolicited bulk/group text messages. Report Spam and Abuse If you receive an unsolicited text message or spam from one of our short codes and wish to remove yourself from any GetSkoop.com mobile text message campaign, please email us at remove@GetSkoop.com with REMOVE in the subject line. Please let us know your mobile number, the date and time you received the offending text message and the contents of the text message. You will be removed from that campaign and the Client will be restricted from adding your mobile number to their campaign in the future. The identity of any individual reporting abuse will be kept confidential. You also may reply to the text message received by using the keyword ‘STOP’. Finally, you may send a text message containing the word ‘STOP’ to the number 75667 from your phone. Copyright and Trademark Notices |