Mobile Marketing Terms of Service

Mobile Marketing Terms of Service

Welcome to textKNOWS, a mobile marketing Service! Prior to using this site, please read our Terms of Service thoroughly as they govern your use of the services provided by textKNOWS (the “Services”). By opting into the Services you agree to the Terms of Service set forth below. The Terms of Service may be updated from time to time by textKNOWS LLC, (“textKNOWS”). textKNOWS may amend or terminate the Services from time to time, for any reason, and without notice, without liability to you, any other user or any third party, provided that when textKNOWS does so, it will update these Terms of Service. You are advised to occasionally check the website for any and all changes in the Terms of Service.

Purpose and Description of Services

textKNOWS provides users with a means of publishing information that can be retrieved from mobile phones and/or the Internet. If you create a textKNOWS account, you will be able to select a unique keyword for it. The use of such keyword in the textKNOWS service does not grant you ownership of such keyword. textKNOWS retains ownership of all keywords in its service and might change the keyword associated with your textKNOWS account at any time. In such an event, textKNOWS would provide you with an alternative keyword. textKNOWS Services with no or minimal usage might expire. textKNOWS may determine, in its sole discretion, to limit the use of the Services, add data storage limitations, charge or change fees for the Services or otherwise update the Services from time to time. You acknowledge and agree that these modifications may take place and that textKNOWS shall have no liability from any such changes.

You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services. You agree that each text messages you send is based on the express consent of the mobile phone owner and that we are not responsible for the wireless carrier’s standard text charges that may occur on the recipient’s wireless bill upon receiving the text message.

textKNOWS makes every reasonable effort to make certain that the Services are available on a 24/7 basis. However, circumstances may cause the Service to be interrupted for maintenance, upgrades and/or emergency repairs or due to failure of telecommunications links and equipment that are above and beyond the control of textKNOWS. By utilizing the Services you agree that textKNOWS shall not be liable to you for any modification, suspension or discontinuance of the Services.

We reserve the right to review materials sent through the Service and to edit, refuse to send, or to remove any information or materials, in whole or in part, in our sole discretion. We reserve the right to terminate your access to the Service at any time, without notice, for any reason whatsoever. Materials sent or received through the Service may be subject to limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you transmit such materials.

We will only use information you provide to transmit your text message. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies.

Any additions or modifications to the Services shall be in the sole discretion of textKNOWS and will be subject to these Terms of Service.

Types of Service

textKNOWS offers 2 types of Service: a free ad-supported service that allows for 120 characters per message (the “Free Service”) and a paid premium service with no ads that allows for 160 characters per message (the “Pro Service”). More information on textKNOWS’s Free Service and the Pro Service is available.

Conditions on the use of the Services

These Conditions of Use are an agreement between you and us. By using the Services you agree that you will not;

• Use the Services for any illegal purpose; you may not use the Service in any manner that could damage, disable, overburden, or impair the Service (or the network(s) connected to the Service, or interfere with any other party’s use and enjoyment of the Service.

• Upload, email or otherwise transmit any User Content (as defined below) that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable.

• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to any of the Service, through hacking, password mining, or any other means.

• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You may not upload email or otherwise transmit any User Content that you do not have the lawful right to transmit (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Content that infringes the intellectual or proprietary rights of any third party.

• Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

• Promote another text messaging service – or any other commercial venture – that is competitive with the Services.

textKNOWS reserves the right at all times to terminate your account, and delete any and all Content at, in whole or in part, for any reason including, but not limited to, violations of these Terms of Service. If you do violate these Terms of Service, textKNOWS reserves the right to share any information with any third party. In addition, textKNOWS reserves the right at all times to disclose any User Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.

As a condition to using the Service, you agree to the terms of the textKNOWS Privacy Policy as it may be updated from time to time. We understand that privacy is important to you. You do, however, agree that we may monitor, edit or disclose your personal information, including the content of your textKNOWS messages, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the textKNOWS Privacy Policy.

Violations of any of the above, including intellectual property infringement and breaches in security, will be investigated by us and, where appropriate, we may institute legal action, or cooperate with law enforcement authorities in bringing legal proceedings against users who violate these Terms of Service.

Carriers Supported

AT&T, Sprint, T-Mobile, Verizon Wireless, Alltel, Virgin Mobile, Cellular South, Boost Mobile, Cincinnati Bell, Midwest Wireless, Suncom, US Cellular Corp., Rural Cellular Corp., and the East Kentucky Network.

Age Requirements and Limitations on Use of Services

Our mobile text messages are intended for recipients over the age of 13. Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by textKNOWS. If textKNOWS ascertains that it has collected personal information of children under the age of 13, textKNOWS will immediately delete such information. If you are between the ages of 18 and 13 and you use our Services, you promise and agree that you have your parent’s permission to use the Services.

Users are limited to one account per person. textKNOWS reserves the right to terminate any account for non-use of longer than 90 days. Keywords managed by accounts using the free service are subject to termination after 30 days of non-use. You are solely responsible for all security information relating to your account, and are fully responsible for all activities that occur under your password or account. Use of the Services is also covered by the textKNOWS

Privacy Policy

Disclaimer of Warranty and Limitations of Liability.

textKNOWS expressly disclaims any responsibility or liability for the use of the Services by you.

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND THE SITE, AND DISCLAIM ALL WARRANTIES REGARDING THE SERVICE. THE QUALITY, INCLUDING THE SPEED, OF THE SERVICE WILL VARY DUE TO THE PERFORMANCE OF CERTAIN SYSTEMS THAT AFFECT THE INTERNET AND OUR NETWORK. WE ARE NOT RESPONSIBLE FOR ANY ACTS THAT ARE BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION THE ACTS OF THIRD PARTIES. IN THE EVENT YOU HAVE AN URGENT OR EMERGENCY MESSAGE THAT YOU ARE TRYING TO SEND, WE STRONGLY RECOMMEND THAT YOU ALSO SEND THE MESSAGE THROUGH ANOTHER SOURCE.

textKNOWS will not be liable for any delays in the receipt of any SMS messages connected with this program. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.

Indemnification

You agree to defend, indemnify, and hold harmless textKNOWS and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney’s fees, that arise from

• use or misuse of the Services or any person to whom you have granted access to the Services
• your violation of any of these Terms of Service
• any other activity related to your account (including negligent or wrongful conduct).

textKNOWS reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with textKNOWS and its counsel in the conduct of such defense.

Forum and Choice of Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Nevada, 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 these Terms of Service or your use of the Service shall be filed only in the federal courts located in the State of Nevada, or state courts located in Clark county 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 use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement

These Terms of Service constitute the entire agreement between you, the user, and textKNOWS with respect to the subject matter contained herein and replace any other agreement, proposals and communications, written or oral, between textKNOWS and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable.

1. textKNOWS provides SMS messages. You may be charged a fee to send and receive SMS messages, based on the terms of your Wireless Service Plan. All charges are billed by and payable to your Wireless Service Provider. Check with your Wireless Service Provider if you have questions about your Wireless Service Plan. Message and Data Rates May Apply.
2. textKNOWS  is not liable for any delays in the receipt of any SMS message, as delivery is subject to effective transmission from your Wireless Service Provider/Network Operator.
3. This service is available on the following Wireless Service Providers: Alltel Wireless, Appalachian Wireless, AT&T, Boost USA, Cellcom, Carolina West Wireless, CellularSouth, Cincinnati Bell, Cellular One Dobson , Iowa Wireless, Midwest Wireless (Alltel Wireless), Nextel Communications, nTelos Wireless, Sprint PCS, T-Mobile USA, Unicel, U.S. Cellular, Verizon Wireless, Virgin Mobile USA.
4. For additional questions, please send an e-mail with your mobile number and question to: support@textKNOWS.com or call (877)711.4638

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