Terms of Service

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Terms of Service

The OptCulture Platform has been developed to adhere to the best practices that have been put in place by the carriers and the MMA (Mobile Marketing Association). OptCulture handles all subscribes and unsubscribes in real time along with using mobile activation and deactivation reports to help our customers manage their members database with ease.
If there are any questions about any of these policies please contact us with any questions that you have.

OptCulture provides a service to business owners whereby coupons or offers are sent to users whose profiles most closely show an interest in an advertiser’s topic of choosing, based on user profiles OptCulture creates through collected user information.

OptCulture Advertiser Terms of Service
This Terms of Service Agreement (this “Agreement”) sets forth legally binding terms that must be adhered to by an advertiser (a “Customer”) using the SMS text message advertisement delivery system (the “Service”) offered by OptCulture (the “Company”). The Company reserves the right to modify the terms of this Agreement from time to time as necessary; modifications are effective immediately upon posting on the website. Customer’s use of the Service after a modification in terms constitutes Customer’s acceptance of new Terms.

This agreement will remain in full force and effect while you are a Customer of the Service. The Company retains the right to terminate your usage at any time.

Beta
Some Service features are identified as “Beta.” To the fullest extent permitted by law, Beta Features are provided “as is” and are used at Customer’s discretion and risk. Customer shall not disclose to any third party information from Beta Features, existence of non-public Beta Features or access to Beta Features.

Customer responsibility
Customer is solely responsible for:

  1. Ad targeting options and keywords (“Campaigns”)
  2. All ad content, ad information, and ad URLs (“Advertisements”), whether generated by or for Customer
  3. Web sites, services and landing pages which Creative links or directs viewers to advertised services and products (collectively “Customer Services”).

Campaigns and Coupons may be known collectively as “Content.” Customer must provide the Company with Content by the due date communicated by the Company.

Refund policy
The Company does not offer refunds on the one-time account activation fee, nor on any money charged to the Customer’s credit card as a result of using the Service.

Campaigns and Advertisements
You understand and agree that any Content associated with use of the Service is subject to monitoring and subsequent removal from the Service if, in the Company’s sole discretion, any such Content is found to be offensive or illegal, violates the rights of, appears harmful or threatening to other Customers, Mobile Users, or violates the terms and conditions of this Agreement.
The following is a partial list of the kind of Content that is illegal or prohibited when a Customer is using the Service. The Company will investigate and take appropriate legal action in their sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

  1. is inappropriate to minors;
  2. is offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  3. harasses or advocates harassment of another person;
  4. intentionally promotes false or misleading information;
  5. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  6. seeks information or results in communications concerning illegal activities such as making or buying illegal weapons, selling drugs, soliciting prostitution, or violating someone’s privacy.

Our Right of Cancellation
OptCulture has the right, but not the obligation, to monitor and review, at any time, all content to make sure you’re complying with this Agreement and the Laws put in place by the carriers and the MMA; but OptCulture is not responsible or liable for your Content.

Payment and Cancellation
By using our Services, you agree that OptCulture is permitted to bill you the applicable fees and any other charges for the Services provided by OptCulture.

Unless arranged, you pay using your Credit Card by setting up an account from which payments for Services and charges are debited. OptCulture lets you set up an automated payment system by establishing a credit card account from which payments for Services and charges are debited. Your billing cycle begins on the day in which you sign up for OptCulture’s services. OptCulture will charge your credit card on your billing date each month.

If your monthly usage exceeds your included monthly usage, OptCulture will charge your card and for overage on your billing date.

Unless you have made arrangements with OptCulture to use the Services for a specific term, you may cancel the Services at any time in writing by contacting billing@optculture.com or calling us at 281-674-7850 during regular business hours. Cancellation requests must be made 25 or more days prior to your billing date in order to cancel within the same month. If cancellation is made within 25 days, your cancellation will occur after your next billing month. OptCulture does not pro-rate its charges for cancellations made during the month.

OptCulture charges all clients in full for the Services on your billing date, regardless of your monthly use. We are a subscription service, which means we’ll make the system available for you whether you use it or not.
If you have an agreement with OptCulture for a specific period of time, we’ll honor that agreement for the duration of the term. You are not eligible to cancel the Services until that term has expired, and are not eligible for any refund if you change your mind later. If a refund is approved by billing it will be issued via check.


No Warranty

OPTCULTURE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. OPTCULTURE MAKES BEST-CASE-EFFORTS TO DELIVER MESSAGES SUCCESSFULLY, BUT, CAN’T GUARANTEE TIMELINESS OR MESSAGE DELIVERY AS SOME CARRIERS RESTRICT SMS DELIVERY AT VARIES TIMES AND SOME MAY NOT RESPOND WITH ACKNOWLEDGEMENT. OPTCULTURE MAKES NO WARRANTIES REGARDING THE RESULTS OR PERFORMANCE OF ANY CAMPAIGN AFTER THE USE OF OUR SERVICES. OPTCULTURE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED AND STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. YOU’RE NOT AUTHORIZED TO MAKE ANY WARRANTY OR REPRESENTATION CONCERNING THE SERVICES.

You acknowledge that any data or information downloaded or otherwise obtained or acquired through or in connection with the Services are at your sole risk and discretion and OptCulture will not be liable or responsible for any damage to you or your property in connection therewith.

Indemnification

You Agree To Indemnify And Hold OptCulture, Inc., Its Parents, Subsidiaries, Affiliates, Officers, Partners And Employees, Harmless From Any Claim Or Demand, Including Reasonable Attorneys’ Fees, Made By Any Third Party Due To Or Arising Out Of Your Use Of The Service, Use Of Your Account By Any Third Party, The Violation Of The Terms Of Use By You, Or The Infringement By You, Or Any Third Party Using Your Account, Of Any Intellectual Property Or Other Right Of Any Person Or Entity.?

 

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