Terms Of Use

By sending this message, I hereby agree that I have read, and agree to comply with the following terms and conditions governing the Text Marketing Inc Messaging Center FanTexter. FanTexter is a property of Text Marketing Inc and the use of its services is available to anyone in the United States only if they abide to the Terms and Conditions that govern this SERVICE.

1. This is an agreement between you and FanTexter Messaging Center related to your use of the Messaging Center. The agreement consists of the following terms and conditions as well as the FanTexter Privacy Policy. By your use of the Messaging Center message delivery system, you are deemed to have consented to all of these terms and conditions.

FanTexter is a mobile marketing and technology company whose core technology is a unified mobile messaging platform that enables its clients to communicate with their customers via SMS. By using FanTexter’s products and services, you and FanTexter agree to the following:

Mobile Terms of Service

Charges: Standard message and data rates may apply to any end user who receives or sends SMS messages.

Shortcode: Unless otherwise stipulated in writing, your mobile messaging program will utilize a FanTexter-provisioned shortcode.

SMS Coverage: FanTexter maintains coverage (SMS ) with an ever-growing number of wireless carrier networks. For updated information regarding which carriers support SMS through FanTexter, please contact FanTexter at info@fantexter.com.

STOP: At any time, a recipient of a mobile message (SMS or MMS) may have their phone number removed from the distribution list by replying STOP or STOP + KEYWORD.

Customer & Technical Support: FanTexter’s normal hours for Customer and Technical Support are Monday through Friday, 9am to 6pm Eastern Standard Time. After hours and holiday calls are handled by FanTexter’s support staff the following day.

Incorporation of MMA Guidelines: You agree to adhere to the current Mobile Marketing Association’s “U.S. Consumer Best Practices Guidelines” (“MMA Guidelines”) published at http://mmaglobal.com/policies/consumer-best-practices.

In the event of a conflict between terms in this document and the MMA Guidelines, this document shall prevail.

Content: “Content” means the material you are asking FanTexter to store, process, or transmit to end users. You represent the following:

1) You own the Content and / or you have obtained all licenses and clearances necessary for distribution of the Content to mobile devices (and, optionally, web sites, flash widgets, or other means of viewing the content that we mutually agree on). The Content does not violate the rights of any person or company protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations.

2) The Content is consistent with standards imposed by mobile aggregators and carriers; specifically, it is not libelous, defamatory, false, misleading, inaccurate, sexually explicit, unlawful, obscene, or racially or ethnically offensive, or objectionable.

3) The Content adheres to the current Mobile Marketing Association “U.S. Consumer Best Practices Guidelines” published at http://mmaglobal.com/policies/consumer-best-practices.

4) The Content (including its storage, transmission, and delivery) does not violate any law or regulation in the United States, New York, your home jurisdiction(s), or any jurisdiction where the Content is stored, transmitted, or delivered.

FanTexter may refuse to transmit or may delete any Content that, in its opinion, violates any of the above. In such case, FanTexter will inform you of the problem and work with you so that the campaign may be completed.

In order for FanTexter to fulfill the terms of this agreement and the associated insertion orders, you permit FanTexter to transform and encode the Content into various formats, store it, and transmit it via third parties to mobile devices (and, optionally, web browsers, flash widgets, and other means of viewing the content that we mutually agree on).

Campaigns:

FanTexter may refuse, suspend, or terminate any campaign that, in its opinion, is not in compliance with the then-current MMA Guidelines or that violates any applicable law or regulation.

Mobile Phone Numbers You Provide To Us:

If you provide mobile phone numbers for use by the FanTexter platform and either you or we use the platform to send messages to those mobile numbers, you represent that:

1) you have complied with the MMA Guidelines in the collection and use of these mobile phone numbers;

2) FanTexter’s delivery of messages to these mobile phone numbers will not violate MMA Guidelines (i.e., opt-in requirements, etc.)

3) sending messages to those mobile phone numbers does not violate any applicable law or regulation.

Reporting: You may receive access to FanTexter’s online Campaign Manager, which will confirm the start of the campaign and provide proof of performance.

Service Level and Reliance on Third Parties: FanTexter’s messaging platform has 99.99% uptime. However, that platform relies on multiple external suppliers to transmit messages to and from mobile phones, including ‘aggregators’ who intermediate between FanTexter and various mobile carriers, the mobile carriers themselves, different internet service providers; several server hosting companies, and others. Message delay or failure due to these outside parties can occur and falls under the definition of “Force Majeure” as described below.

Force majeure

Generally. Excluding payment obligations, neither client nor the Company providing services will be liable for delay or default in the performance of its respective obligations under these Terms if such delay or default is caused by conditions beyond its reasonable control, including, but not limited to, fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes (“Force Majeure event”). If Media Company suffers such a delay or default, Media Company will make reasonable efforts within five (5) business days to recommend a substitute transmission for the time period for the transmission. If no such substitute time period or makegood is reasonably acceptable to Client, Company will allow Client a pro rata reduction in the space, time, and/or program charges hereunder in the amount of money assigned to the space, time, and/or program charges at time of purchase. In addition, Agency will have the benefit of the same discounts that would have been earned had there been no default or delay.

Related to Payment. If Agency’s ability to transfer funds to third parties has been materially negatively impacted by an event beyond the Agency’s reasonable control, including, but not limited to, failure of banking clearing systems or a state of emergency, then Agency will make every reasonable effort to make payments on a timely basis to Media Company, but any delays caused by such condition will be excused for the duration of such condition. Subject to the foregoing, such excuse for delay will not in any way relieve Agency from any of its obligations as to the amount of money that would have been due and paid without such condition.

4’s/IAB Standard Terms and Conditions Version 3.0

c. Cancellation. If a Force Majeure event has continued for five (5) business days, Media Company and/or Agency has the right to cancel the remainder of the IO without penalty.

Additional Indemnification: You agree to indemnify FanTexter and will hold it and its affiliates and subsidiaries (and the owners, directors, employees and agents of each of them) harmless against any damages, losses and expenses (including reasonable attorneys’ fees and disbursements) arising out of or relating to any claims, actions or other proceedings that are brought by or on behalf of any third party, if those claims result from your acts or omissions in connection with FanTexter’s storage, conversion, transmission, or delivery of your Content, or from FanTexter’s authorized use of mobile phone numbers supplied by you.

2. Use of FanTexter Messaging Center. You are not to use the Messaging Center for any unlawful or abusive purpose, including but not limited to any use which disrupts FanTexter system or other customers, damages FanTexter property, or interferes with FanTexter ability to provide service to other users. You agree to comply with all laws while using the Messaging Center and you agree not to transmit any communication that would violate any laws, court order or regulation or would likely be offensive to the recipient. You are responsible for all content you transmit through the Messaging Center. FanTexter only provides you with the SERVICE of sending short messages to mobile phones. FanTexter messaging center is not liable for any consequences that might arise from sending messages by any person that uses the service provided at FanTexter

3. Privacy. FanTexter will collect, store, process, transmit or otherwise handle private information only with the knowledge and consent of you, our users. Mostly, this is done by completing an online form. FanTexter will not sell or rent your personally identifiable information to anyone. FanTexter will not be liable for any lack of privacy you may experience while using the Messaging Center FanTexter has the right to intercept, disclose, or delete any messages sent through the Messaging Center in order to protect its rights

4. Limitation of Liability. Under no circumstances will FanTexter be liable to you or any other person for any indirect, direct, special, punitive, incidental, consequential damages of any character that arise from you or any other users use of the Messaging Center at FanTexter. FanTexter is not liable for any act associated with the proper exercise of its rights under 2 and 3 of this agreement between FanTexter Messaging Center and you, the user of FanTexter.

5. No Warranties. FanTexter makes no express warranty regarding the service or the messaging center and disclaims any implied warranty, including any warranties of merchantability or fitness for a particular purpose. FanTexter does not authorize anyone to make a warranty of any kind on its behalf and you should not relay in any such statement.

6. DISCLAIMER To the fullest extent permitted by law FanTexter (the Site) and its contents is provided by FanTexter on an “as is” and “as available” basis and no representations or warranties (expressed or implied) of any kind are made (and they are expressly disclaimed) with respect to the Services, the Site or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, FanTexter does not represent or warrant that:

(i) the Services will meet your requirements;

(ii) the Services will be uninterrupted, timely, secure, or error-free;

(iii) any results obtained from using the Services will be accurate, complete or current.

You acknowledge that the allocation of risk in these terms reflects the price paid for the Services and that it is not within the control of FanTexter how or for what purposes the Services are used. If any exclusion in this service is held to be invalid and FanTexter becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by you for the Services. FanTexter shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf. FanTexter is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the Services already supplied. FanTexter reserves the right to raise additional charges for any work so arising. If any Services are or become unavailable then FanTexter will use reasonable endeavors to repair and reinstate the service, depending on the severity of the failure. If failure is caused by the Client or any agent of the Client to whom access to Servers was given then the Client shall pay all costs to reinstate and/or repair the Server. Where such unavailability is due to the negligent failure of FanTexter to deal with circumstances within its control and is for more than a total of 48 hours in any 30 day period then FanTexter will at its discretion either pay to you compensation limited to a refund of the fee paid by you for the unavailable Services or provide you with a credit up to the same amount. Neither FanTexter nor anyone else who has been involved in the creation, production or supply of the Services shall be liable to the Client or any other person for any loss under Terms, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Terms or the Services for any: (i) economic loss of any kind whatsoever, or (ii) loss of profit, business contracts, revenues or anticipated savings, or (iii) damage to the Client’s reputation or goodwill, or (iv) loss resulting from any claim made by any third party, or (v) special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify FanTexter from and against any claim which may be made against FanTexter in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to you. If FanTexter is prevented or delayed in or from performing any of its obligations under the Conditions due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency FanTexter shall not be liable for this.

7. Opt in Guarantee by Client. Clients of FanTexter guarantee that the phone numbers in their account are 100% opt-in, and Recipients recognize the sender and expect to receive messages from him/her. If for any reason FanTexter suspects that the numbers may not be 100% opt-in, it reserves the right to request a written explanation from the client including the method of collecting the phone numbers and a guarantee signed by client that all the people on his/her list agreed to receive text messages from client. FanTexter reserves the right to take any action it thinks appropriate in such case of suspected non-opt-in list, including but not limited to cancellation of the account.

Agreement. You acknowledge that these terms and conditions are a material part of FanTexter decision to provide Messaging Center service to you.

FanTexter may amend this policy from time to time, at our discretion. If we make any substantial changes we will notify you by posting the changes here on these Terms and Condition pages. If you have more questions, comments, report any violations of the Messaging Center FanTexter please send your feedback to us Here ».