Mobile Marketing Terms and Conditions

We respect your usage of these services. That is why we would like you to know how things work. Where applicable, the text messaging services are provided by Mozeo, LLC.

1. ACCEPTANCE OF TERMS AND CONDITIONS
Mozeo, LLC provides its service to you, subject to the following Terms and Conditions ("T&C"), which may be updated without any notice. You can review the most current version of the T&C at any time at: Mozeo Terms and Conditions. Different Terms and Conditions may apply to other services owned or operated by Mozeo.

2. DESCRIPTION OF SERVICE
Mozeo provides users with access to a rich collection of resources, including various communications tools, mobile services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service").

3. RECEIVING MESSAGES AND/OR INITIATING A MESSAGE RESPONSE

Anyone can receive mobile messages from a Mozeo managed shortcode by opting-in to an approved mobile program. Mozeo managed shortcodes include, but are not limited to 24587, 45282, and 88188.

Mozeo's Products and Services are supported on the following mobile carriers: Alltel, AT&T Mobility, Boost Mobile, Centennial, Leap Wireless, NTELOS, Sprint PCS, T-Mobile, U.S. Cellular, Verizon Wireless, Virgin Mobile USA

Opt-In

In order to receive any messages from a Mozeo managed shortcode, a “User” must initiate an opt-in. Opt-ins include:

Sending a text message KEYWORD to a Mozeo managed shortcode from your mobile phone

Signing-up on Mozeo or an affiliated website

Giving permission to opt-in to a Mozeo Partner, Affiliate, or Customer

Charges

The Mozeo Service is delivered without charge from Mozeo, however Standard Message and Data Rates May Apply. Standard text message charges will appear on your wireless bill, or will be deducted from your prepaid balance. The customer is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of Mozeo's services. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.

Message Subscriptions & Alerts

By Opting-In to a program, you are granting the content publisher to send you standard text messages. You ALWAYS have the right to unsubscribe at anytime from this service. You will receive up to 10 messages per month, unless otherwise noted.

Opt-Out/Unsubscribe

All users can Opt-Out or Unsubscribe from this Service at any time. To Opt-Out, send STOP to the Mozeo managed shortcode from your mobile phone. (i.e. STOP to 24587) In addition to STOP, UNSUBSCRIBE, EXIT, QUIT, CANCEL can be used.

Support & Help

Mozeo Support is available online (www.mozeo.com), 24 hours a day, 7 days a week or by calling by 315.600.TEXT during normal business days from 9:00AM EST to 4:00PM EST.

In addition, texting HELP to any of the Mozeo managed shortcodes will provide additional help and support information. (i.e. HELP to 24587)

4. SENDING MESSAGES FROM THE MOZEO MOBILE MARKETING AND MESSAGING PLATFORM

In order to manage or send messages from the Mozeo Mobile Marketing and Messaging Platform, you must register for an account. Registering for an account can only be done on www.mozeo.com or by contacting someone at Mozeo directly. Upon registering, the “Licensee”, will be granted a “License” to use the products and services available on the Mozeo Mobile Marketing and Messaging platform.

Service Use

Mozeo will provide the services in accordance with industry standards.

Mozeo will publicize changes to the services which apply generally.

Mozeo will give you advance notice of any interruption of a service due to maintenance.

You must only use the services -

in accordance with the terms;
for lawful purposes;
in accordance with all applicable local, national and international laws and regulations; and
for the purposes for which they are designed.

When you use our services, you must not -

do anything which violates any terms;
send junk text (SMS) messages, spam or any unsolicited messages (commercial or otherwise);
make any misrepresentation including (without limitation)
- deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;
- impersonate or attempt to impersonate or otherwise misrepresent your identity to any person for whatever purpose or create a false identity mobile phone address or header;
- change the content of communications received by you and thereafter forwarding same to others without indicating the nature of the changes; and
- forge or otherwise manipulate origination details and data on any electronic data message with a view to disguising or deleting the origin of anything transmitted using our service;
transmit anything (including (without limitation) words and images) which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child or violent pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
commit fraud or solicit or induce any person to participate in any commercial or non-commercial activities which are in the nature of a financial scam, "pyramid schemes" or "chain letters";
violate or infringe any intellectual property rights;
do anything which does or may -
- damage, impair, overburden or disable any system of any person (including us) using our services;
- interfere with another user's use and enjoyment of the service or of similar services;
- interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks; or
- compromise or tamper with the security of our or any other person's software, hardware, systems, networks or services;
transmit any computer code which is designed to harm the operation of any software, hardware or network, including (without limitation) viruses, Trojan horses, worms, time bombs and cancelbots;
harvest or collect information about others, including email addresses, without their consent for any reason;
violate the privacy of any person;
reproduce, replicate, copy, sell or re-sell any of our services or any part thereof (including (without limitation) websites and web pages, or any services that constitute the provision of telecommunications services in terms of applicable legislation); or
the information or data contained in our services;
repeatedly or in a rapid manner transmit content in such a manner as to have the effect of harassing a recipient;
transmit content that you do not own or do not have the right to publish or distribute;
access any of our services or any similar service of any third party or any network without authorization or through hacking, password mining or any other means;
perform any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;
help any third party to do any of the above.

We encourage the use and publicity of anti-spam policies.

We provide you with a login and password. Any security measures over and above these are your responsibility.

Although we provide API connection specifications and will attempt to keep the specifications accurate and up to date, these specifications may be incomplete and may change from time to time without notice to you. You must test the specifications thoroughly on a regular basis, as we are not liable for specifications that may be incorrect or incomplete.

You -

must keep your password, account name and account information confidential and must not disclose these to third parties;
must not circumvent, or attempt to circumvent, our user authentication systems;
are entirely responsible for all payments and any activities that occur under your account;
are liable for any damage, loss or costs that we or any third party sustain howsoever arising as a result of any of your actions, or any actions of a third party using your password, account name or account information; and
indemnify us against any claim howsoever arising from any use of your password, account name or account information by a third party or as a result of your breach of this clause.

You must tell us immediately if there is any unauthorized use of your account or any other breach of security.

Message Delivery

Messages are deemed to have been delivered when we have delivered or sent the messages to the immediate destination that our software is programmed for, including SMTP servers, mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message.

Please note that, although we focus on providing extensive coverage aggregation services, third party network providers may choose from time to time to not be part of our networks or the networks of our service providers. This may result in messages not being delivered.

Messages and Other Limitations

Mozeo is not responsible for the deletion or failure to store information.

Mozeo sets no fixed upper limit on the number of messages you may send through the service apart from the Products and Services Schedule or your agreement.

Although we try our best to deliver messages quickly, messages may be delivered late due to queuing or network traffic. This may still result in the message being seen as "delivered".

Mozeo owns and/or operates several different Shortcodes. Mozeo will use all reasonable efforts to accommodate your preferred Shortcode,
however Mozeo reserves the right to change your Shortcode at any time with thirty (30) days written notice.

Mobile Keywords are valid for the life of an active account. Accounts are active if paid in full up to 60 days past the account due date. If an account is not paid in full after 60 days past the due date, Mozeo reserves the right to remove your Keyword(s) from your account.

Mobile Contests & Sweepstakes (Text-to-Win)

Contestants will be asked to text message a KEYWORD (as announced on-air, on-line, or in print media) to “24587”. Only those text messages to the specific phone number provided (24587), at the time texting is solicited, shall be eligible to win. Texting to any other phone number is not acceptable. People may also go to website to enter their mobile phone number to qualify, which will prompt a text back to their mobile phone telling them they are entered. Winners will be selected in accordance with the criteria announced when text messages are solicited. For all text message based entries, use of robotic, automatic, programmed or similar entry modes is prohibited and will be void. In case of an identity dispute, the registered user of the text message account on the date of entry will be the recognized user. Participants acknowledge that messages are distributed via third party mobile network providers and, therefore, Mozeo cannot control certain factors relating to message delivery. Participants acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the message to the recipient successfully. Mozeo does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures. Mozeo does not charge a fee for this service. It is each Participant’s responsibility to check with their individual carrier, as other charges may apply. Mozeo assumes no responsibility for charges incurred for text-messaging.

Mozeo is not responsible for entries not received due to difficulty accessing the Internet, service outages or delays, computer difficulties or other technological glitches. Mozeo is not responsible for any lost, disconnected, dropped, misdirected or incomplete telephone calls. Entrants may be disqualified at the sole discretion of Mozeo. No responsibility or liability is assumed by the Sponsor and its Administrators for any technical problems or technical malfunction of any kind arising in connection with any of the following occurrences which may affect or interrupt the operation of the Web Site or text messaging capabilities or telephone systems: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or telephone providers; garbled, jumbled or faulty data transmissions; failure of any e-mail or text messaging or telephone transmissions to be sent to or received; lost, late, delayed or intercepted e-mail or text messaging transmissions; inaccessibility of the Web Site or phone system in whole or in part for any reason; traffic congestion on the Internet or Web Site or phone lines that prevent entry into the Contest; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, human error, unauthorized tampering, hacking, fraud, theft, virus, bugs, worms; or destruction of any aspect of the Contest or data thereof, including without limitation, tampering of or hacking into the telephone lines, or loss, miscount, misdirection, inaccessibility or unavailability of an Account used in connection with the Contest. Not all means of entry (as described above) may be available at all times throughout the Contest Period; Sponsor reserves the right to cancel or suspend one or more means of entry in the event of one of the foregoing occurrences. Sponsor and its Administrators are not responsible for any personal injury or property damage or losses of any kind which may be sustained to users or any other person's computer equipment resulting from participation in the Contest, or use of or download of any information from the Web Site. Use of Web Site is at user's own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES; CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS. Sponsor makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize or gear item. Winner bears all risk of loss or damage to prize or gear item after delivery.

The computers of the Sponsor are the official time-keeping device of the Contest.

Standard Text Messaging and Data rates apply for all messages sent to and from the Contestant.

Privacy

Mozeo will not use or share any information, text messages, email messages, or other Licensee provided information.

Mozeo will not send any messages directly to Licensee's end users or contacts unless initiated by Licensee or in direct response to an advertisement interaction from placement of an advertisement on Licensee's Messages.

Support Services

Mozeo Support is available online (www.mozeo.com), 24 hours a day, 7 days a week, or by calling your Customer Care Representative.

Mozeo shall use commercially reasonable efforts without unnecessary delays to correct the problems/defects reported or provide Licensee with a way to temporarily work around the critical problem if able to do so, or notify Licensee on a regular basis as to the progress of the corrective efforts, until such time as a correction can be made.

The Licensee, upon detection of any error, defect or nonconformity, shall if requested by Mozeo, submit to Mozeo a listing of output and any such other data which Mozeo reasonably may request in order to reproduce operating conditions similar to those present when the error occurred or the defect or nonconformity was discovered, as the case may be.

Nondisclosure

Either party may disclose the general existence and nature of this Agreement, but may not disclose the specific terms of this Agreement without the prior consent of the other party. Mozeo shall not issue a press release without first obtaining the cooperation and permission of the Licensee.

Term and Termination

Mozeo may determine whether or not your conduct is consistent with the letter and spirit of the agreement and may end the service at any time if your conduct does not comply with the agreement.

5. ADDITIONAL TERMS FOR SALE

Product Schedule

The “Product Schedule” refers to the products and services chosen by the Licensee. Product Schedules may be available through the Licensee's Customer Portal or as a separate document.

Invoicing and Payment

Invoices for payment of all license fees or other fees shall be payable on the dates set forth in the applicable Product Schedule. Unless specified otherwise in a Product Schedule, invoices are due and payable ON RECEIPT from Mozeo’s invoice date.

All fees shall be deemed overdue if they remain unpaid 10 days from the date of the invoice and can cause an interruption in service.

Payments shall be in United States dollars.

If the Licensee's procedures require that an invoice be submitted against a purchase order before payment can be made, the Licensee will be responsible for issuing such purchase order 5 days before the payment due date.

Prices are subject to change at any time.

Term and Termination

Mozeo may determine whether or not your conduct complies with this agreement and may end the service at any time if your conduct does not comply with the agreement.

The termination of this Agreement or any license shall not limit either party from pursuing any other remedies available to it, including injunctive relief, nor shall such termination relieve the Licensee's obligation to pay all fees that accrued prior to such termination.

Upon termination, the Licensee must have all outstanding invoices and debts fully paid before an electronic output of the Licensee's complete contact database can be released. Mozeo will deliver an electronic output of the Licensee's complete contact database within thirty (30) days from receiving payments for all outstanding debts. If the Licensee requires a custom extract of their data, an additional fee will be applied in order to extract the needed information.

Upon termination of this Agreement, Mozeo will take all reasonable efforts to erase, remove and destroy the Licensee's complete contact database.

6. PRIVACY

Mozeo respects your privacy.

Mozeo does not monitor, edit, or disclose any of your personal information or account details without your prior written permission unless we may or must do so by law.

Mozeo will protect your privacy on systems and websites that we control to the extent possible.

Mozeo does not warrant the security of the information which you transmit to us.

You give us the right to send you communications of any updates, upgrades, notices, or other information that we deem important for you to know, relating to the service. Such communications shall not constitute spam. You may ask us to stop providing you with such communications.

For more information about our collection, collation, processing, use and monitoring of your personal information, please see our Privacy Policy.

7. INDEMNITY

You agree to indemnify and hold Mozeo, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of 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 T&C, or your violation of any rights of another.

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOZEO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MOZEO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOZEO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOZEO SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOZEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

10. FORCE MAJEURE

Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any fire, flood, explosion, war, strikes, threatened strikes, stoppage of work, slowdowns, picketing, boycotts, embargoes, requirements imposed by governmental regulations, civil or military authorities, acts of God, or other causes that are beyond the reasonable control and without the fault of negligence of the Party unable to perform; provided that such Party gives reasonably prompt notice under the circumstances of such condition(s) to the other Party.

11. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.

12. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this T&C, there shall be no third party beneficiaries to this Agreement.

13. VIOLATIONS

Please report any violations of the T&C to our Customer Care group. ([email protected])