Terms and Conditions
Terms and Conditions
Thank you for visiting our site at www.mobilematters.org ("Website"). Use and access of this website, and the mobile services described below ("The Service"), is subject to these terms and conditions ("Terms and Conditions") as well as our Usage Policy. The Service is a product of MobileMatters, Inc. Please read these Terms and Conditions carefully.
This Agreement sets out the binding terms of your use of The Service and may be modified periodically. Acceptance of your registration and use of The Service is conditioned upon your consent to these Terms and Conditions, which you implicitly accept with your registration and use of The Service. MobileMatters, Inc. may modify or terminate The Service at any time, for any reason, and without notice, without any liability to you or to any other user or third party. Any modifications or termination of The Service will be posted by MobileMatters, Inc, to the website and are effective immediately upon posting to the web site. You are encouraged to review these Terms & Conditions periodically.
Supported Carriers: AllTel, AT&T Mobility, Boost, Cellular South, Cincinnati Bell, Nextel, Sprint, T-Mobile, US Cellular, Verizon, Virgin Mobile
The Website is generally used by “Users” to interact with User customers (“End Users”) via SMS text messaging. End Users of the service participate through the use of unique keywords that are sent to a string of 5 or 6 numeric characters called a Common Short Code. Specific examples of such services include, but are not limited to, information retrieval via SMS messaging, participation in SMS voting, participation in SMS contests, and SMS coupon retrieval. Keywords are selected during the service setup by the User for use with The Services during the service term. Use of the keyword in no way implies ownership of the keyword. MobileMatters, Inc. retains ownership of all keywords used with The Service. Use of a User keyword can be revoked at any time, for any reason without liability to user or any other third party. MobileMatters reserves the right to limit, terminate, or modify The Service at any time without liability20to User, User’s agent, or any other third party. By using The Service, you agree that MobileMatters, Inc. shall not be liable to you for any modification or discontinuance of the Service.
MobileMatters, Inc. makes reasonable efforts to provide the Service on a 24/7 basis, but cannot guarantee such service. The Service will be interrupted on occasion for planned and unscheduled maintenance.
Www.mobilematters.org sends and receives SMS messages via supported mobile telecommunication companies and their aggregation agents. While all commercial efforts are used to provide a reliable text service to User, MobileMatters, Inc. cannot guarantee ultimate delivery of SMS text messages, or timely delivery of SMS text messages and makes no warranty, expressed or implied, that SMS text messages will be delivered to End Users.
You represent and warrant that:
(A) The owners of the phone numbers used with The Service or that you provide www.mobilematters.org to which outbound SMS text messages are sent through The Service, have consented and affirmatively “opted-in” to receive such messages.
(B) You agree to include standard opt-out language on all outbound messages “Txt STOP” 2 stop” and “Std msg rates aply” / <X amount> aply”.
(C) You agree to abide by all applicable local, national and international laws and are solely responsible for all acts of omission under your account including the content of messages transmitted through www.mobilematters.org
(D) You agree to keep your login details and profile and billing information current and confidential and maintain such confidentiality. MobileMatters, Inc. reserves the right to terminate accounts for any fraudulent, abusive, or illegal activity and you may be reported to appropriate law-enforcement agencies.
(F) You warrant that you will adhere to all laws regarding SPAM, including the Federal Can-Spam Act of 2003
(G) You represent and warrant that you are legally authorized and have obtained all necessary regulatory approvals and certificates to provide the services you intend to offer. You further represent and warrant that you will conform to any and all Federal, State and Local laws, rules, regulations, requirements, and/or other standards that are established from time to time by governing bodies and by the mobile carriers and/or the Mobile Marketing Association.
(H) You agree to use the service for professional use only and agree not to use The Service to:
Send unsolicited marketing messages (i.e. spam)
Gather any type of information about End Users or others without their consent
Mislead others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
Transmit, associate or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, libelous, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind;
Transmit any material that contains viruses, trojan horses, worm, time bombs, cancel-bots or any other harmful/deleterious programs;
Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
Interfere with, or disrupt, networks connected to The Service or violate the regulations, policies or procedures of such networks;
Attempt to gain unauthorized access to The Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
Interfere with another's use and enjoyment of The Service; or
Engage in any other activity deemed by MobileMatters, Inc. to be a criminal liability or civil penalty/judgment.
Payment and Fees
The Service does not offer premium text service fees to End User customers. Only standard carrier message rates apply to End Users.
Charges for use of The Service may include a recurring monthly fee or a pre-paid term-based package. Packages include a disclosed number of text message credits as well as a disclosed number of rights to keywords. Purchased message credits are consumed with each inbound and outbound message processed by The Service and renewed on the billing anniversary date. Package message credits do not carry over from month to month. If monthly allotted message credits reach zero, but the Service requires inbound or outbound messages to be processed, your account will be credited an additional five hundred (500) “Rollover” credits and your billing method on file will be automatically charged fifty ($50) dollars for each instance of credited Rollover credits. Rollover credits, unlike monthly package credits are available for use for up to twelve (12) months. Payment can be in the form of supported credit cards, Paypal, or Check. If you use credit card and Paypal as your billing method, you consent to have your credit card or Paypal account charged every thirty (30) days from the date of the original transaction. If you pay b y check, a monthly invoice that must be paid before the 30th day anniversary date of your original transaction or your account will not be accessible until payment is received.
Termination/Cancellation of Service
You must provide written notice of cancellation within 29 days of your billing date or you will be charged for the next month of service. There are no refunds for unused message credits, and there are no prorated refunds under any circumstances.
Age Requirements for use of the Service
This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these Terms and Conditions with your parent or guardian to make sure that you and your parent or guardian understand these Terms and Conditions.
Electronic Signatures and Contracts
Your use of The Service requires your ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
Use of The Service requires a compatible device, internet access (fees may apply), and certain software (separate fees may apply), and may require obtaining updates or upgrades from time to time. Because use of The Service involves hardware, software, and Internet access, your ability to use The Service may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. In light of the foregoing, you are responsible for ensuring the wireless phone/device is compatible. You acknowledge and agree that you will not be entitled to any refund for any Fees you pay for interaction with the system if any part is incompatible with your Device.
Disclaimer of Warranty and Limitations of Liability
MobileMatters, Inc. expressly disclaims any responsibility or liability for the use of the Services by you.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL MOBILEMATTERS, INC. BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MOBILEMATTERS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to defend, indemnify, and hold harmless MobileMatters, Inc. and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, licensors, suppliers and agents from any and all fines, penalties, losses, claims, expenses, including reasonable attorney's fees, and from all liabilities, losses, damages, claims, costs, acts, omissions, or negligence on the part of you, a sub-contractor, your agent or an employee of any one of them that arise from (i) use or misuse of The Service or any person to whom you have granted access to The Service, (ii) your violation of any of these Terms and Conditions, (iii) failure to conform to any Federal, State or Local law, rule, regulation, requirement, and/or any other standard established by such governing bodies including mobile carriers and/or the Mobile Marketing Association, or (iv) any other activity related to your account (including negligent or wrongful conduct). MobileMatters, Inc. 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 MobileMatters, Inc. and its counsel in the conduct of such defense.
General Release of Liability
All Users and agree to hold harmless and release MobileMatters, Inc. their respective parent companies, distributors, affiliates, and subsidiaries; the service agencies and independent contractors of any of the above organizations; their respective officers, directors, employees, and agents (including advertising and promotion agencies); and all others associated with the development and execution of this service from any and all liability with respect to or in any way arising from this service.
Your Acceptance of These Terms
By accessing the Website, you signify your assent to the Terms and Conditions. If you do not agree to any of the items listed in the Terms and Conditions, please do not access the Website. You should visit this page periodically, we may, from time to time, update these Terms and Conditions and such changes shall be effectively immediately upon posting on the Website and without further notice to you. Your continued access to the Website following the posting of changes to these Terms and Conditions shall be deemed an acceptance of such changes by you.
If you have any questions, comments, or concerns regarding our Terms and Conditions, please contact us.
Terms and Conditions for Mobile Storefronts
Mobile purchase and delivery services are the responsibility of MobileMatters Inc. The web storefront text, promotions, images, and links to other sites and services are the sole responsibility of the organization (see contact information). MobileMatters is not responsible for errors made on this website. All content sold is protected by copyright and may not be reproduced in any way.
Terms and Conditions for Mobile Storefronts
All services are delivered by MobileMatters. All text messages initiated from your phone are subject to standard text messaging rates from your mobile operator in addition to product fees charged, whether to your phone, using Premium SMS payment, to your credit card, debit card, or other payment means supported on our website. Product fees will be charged only upon successful download of the product. Product fees for all mobile phone initiated purchases will be charged to your phone bill. The maximum amount you may purchase during any month will be limited by the regulations of your mobile operator. Mobile content from this storefront may be purchased only by subscribers of the participating U.S. mobile operators listed on this site. Purchases are not available on mobile operators outside the U.S. at this time.
This is a single-purchase binary content service. There is no subscription component currently available. Buyers must download the WAP URL for each item purchased before they can purchase another item.
At our discretion, we may offer and bill selected items of any type at a lower promotional price.
Test your phone first! Buyers are responsible for determining their phone’s capability to receive content. Your mobile phone and phone plan must provide Premium SMS and Internet WAP download capability, and the ability to run ringtones and logos.
The customer is solely responsible for incorrect, mistyped entries, or repeated product orders.
Customer service is available from the phone numbers and support email addresses on this site. You may also request Customer Support from email@example.com, 1-888-TXT2GIVE.
"mDONATE" Terms and Conditions
By electing to give a donation in response to an mDONATE campaign, you agree to be bound by the following terms and conditions. If you do not agree to be bound or cannot comply with any of the terms and conditions, do not continue the donation.
1. Donation Types:
A donation of $5.00 will be added to your mobile phone bill. In addition to your $5.00 donation, standard text messaging and/or additional rates apply. Please contact your wireless operator for additional information. You may donate the $5.00 amount up to 6 (six) times per monthly billing cycle. All charges are billed by and payable to your wireless operator. Other charges may apply.
A donation of $10.00 will be added to your mobile phone bill. In addition to your $10.00 donation, standard text messaging and/or additional rates apply. Please contact your wireless operator for additional information. You may donate the $10.00 amount up to 3 (three) times per monthly billing cycle. All charges are billed by and payable to your wireless operator. Other charges may apply.
2. Help, Cancellation and Additional Information:
For support please email firstname.lastname@example.org or call 888-TXT2GIVE.
3. Service, Warranties and Liability:
This service is available through the following wireless operators: AT&T, Nextel, Sprint, T-Mobile USA, U.S. Cellular, Cricket Communications, Cincinnati Bell, and Verizon Wireless.
MobileMatters is not liable for any delays related to the transmission of any text messages, donations, alerts, etc. Delivery is subject to and dependent upon the applicable network operator. All services are provided "as is" with no warranties by MobileMatters or its agents, licensors, business partners, charities and/or suppliers (collectively the "MobileMatters Parties"). The Parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name, and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us.
When making a donation through MobileMatters' "mDONATE" service, a variety of personal information will be collected and shared with the organization to which you have designated your donation. MobileMatters and designated organization may send you additional messages. If at any time you wish to discontinue such messages, you may opt-out in accordance with these terms.
EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT, MOBILEMATTERS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO ANY MATTER WHATSOEVER RELATING ALL MESSAGES, MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED BY ONE PARTY TO THE OTHER PARTY HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR20A PARTICULAR PURPOSE, OF REASONABLE CARE OR WORKMANLIKE EFFORT, OF RESULTS, OF LACK OF NEGLIGENCE, OF A LACK OF VIRUSES OR ERRORS, AVAILABILITY, TIMELINESS, OR OF ACCURACY OR COMPLETENESS OF RESPONSES, ALL WITH REGARD TO ALL MESSAGES, MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED BY ONE PARTY TO THE OTHER PARTY HEREUNDER. THERE IS NO W ARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, AUTHORITY, OR NONINFRINGEMENT WITH RESPECT TO ANY MATERIALS, CONTENT, SOFTWARE, DOCUMENTATION, TECHNOLOGY, SERVICES, AND DELIVERABLES PROVIDED HEREUNDER.
You agree to indemnify and hold harmless MobileMatters and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the service (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.
MOBILEMATTERS' TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $5 OR THE AMOUNT PAID BY YOU FOR THE SERVICE AND/OR CONTENT THAT CAUSED SUCH DAMAGE.
(USA ONLY) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THESE TERMS.
UNDER NO CIRCUMSTANCES SHALL MOBILEMATTERS OR MOBILEMATTERS' PARTIES, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE.
Promotions and Advertising. MobileMatters and/or its business partners may present advertisements and promotional materials on or through the service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither MobileMatters nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the service.
These terms shall be governed by the internal laws of the State of New York, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in New York, New York or the United States Federal District for the District of New York to resolve any disputes arising under this Agreement.
These terms contain the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the services hereunder shall be of no effect. The failure or delay of MobileMatters to exercise any of its rights under these terms or upon any breach of this agreement shall not be deemed a waiver of those rights or of the breach.
If any provision of these terms shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of these terms will remain in full force and effect.
The enumeration and headings contained in these terms are for convenience only and are not intended to have any substantive significance in their interpretation.
Any correspondence, notice or request permitted to be given under or in connection with these terms and conditions or the subject matter hereof shall be sent by prepaid, certified, first class mail, or courier service with receipt of delivery obtained directly to MobileMatters addressed as follows:
425 East 13th Street
New York, NY 10009
Attn: General Counsel
MobileMatters may modify or terminate its services from time to time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these terms by updating this posting. Please review these terms from time to time so that you will be apprised of any changes. Use of this service following a change to the terms constitutes agreement to the new terms. If you cannot comply with the amended terms, your only remedy is to cease any future donations.