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AGE Media and Promotion Messaging Terms of Use

MESSAGING CODES: 16054018639 / 52236

TERMS OF SERVICE

Last Updated : January 25, 2023

Introduction

Welcome to our terms of service page.

AGE Texting, developed by AGE Media and Promotion, is a mobile marketing provider. Our product and services serve as mobile engagement gateway by giving users the ability to connect whomever under compliant considered measures. We have listed out the legalese below but if you have any questions to please contact: legal@textmunication.com

TERMS AND CONDITIONS

By participating in the AGE Texting's Mobile program, you are agreeing to the terms and conditions presented here. View our privacy policy.

Thank you for your interest in AGE Texting promo alerts! Visit opt-in page.  Recurring  msgs. Msg&Data Rates May Apply, Reply STOP 2 stop, (605) 401-8639 for HELP. T-Mobile is not liable for delayed or undelivered messages.

Supported Carriers (US)

All West Wireless, Appalachian Wireless (EKN), AT&T, Bluegrass Cellular, Cambridge Cellular (CTC), Cellcom, Cellular One of East Central Illinois (ECIT), Cellular South, Centennial Wireless, Cincinnati BellCox Communications, FMTC (Farmers Mutual Telephone Cooperative), GCI Communications, Illinois Valley Cellular (IVC), inland Cellular, Keystone Wireless (Immix/PC Management), MetroPCS, Nex-Tech Wireless, NNTC Wireless (Nucla-Naturita Phone Company), nTelos, Revol Wireless, Silver Star PCS (Gold Star Communications), Snake River PCS (Eagle Telephone Systems), South Central Wireless, Sprint Nextel, Syringa Wireless, T-Mobile®, U.S. Cellular®, UBET Wireless (UBTA-UBET), Unicel (RCC/Rural Cellular Corporation), United Wireless, Verizon Wireless, Virgin Mobile, West Central Wireless (includes Five Star Wireless)

Supported Carriers (Canada)

The mobile operators participating in this campaign are Bell Mobility Inc., Rogers Cantel Inc, Telus Mobility, Aliant Mobility, Fido, Mobilicity, MTS/Allstream Inc, Northern Telephone, Sasktel Mobility, Telebec, Videotron, Virgin Mobile Canada and WIND.

Short Codes & Shared Short Codes

A short code is a 5 to 6 digit telephone number that AGE Texting's mobile engagement platform uses to send and receive SMS, MMS and RCS messages to and from mobile phones. We currently offer short codes/shared short codes for the US and Canada. By default when you start any subscription with AGE Texting your account will automatically be assigned to our shared short code unless a proposal for a dedicated short code has been submitted prior to the activation.

1. Shared:

– A shared short code is a short code that is shared between other users.

2. Dedicated:

– A dedicated short code is a short code that is only used by your business.

For questions about our provisioning and carrier approval for dedicated short codes, please contact: support@textmunication.com

Web Site Terms and Conditions of Use

1. GENERAL:

Effective as of the date indicated on the AGE Texting Service Agreement (“Agreement”), the client (hereinafter referred to as “Licensee”), hereby agrees to become a non-exclusive licensee of the Mobile Marketing Service and Application software which provides, among other things, access to certain proprietary campaign management functionality and the delivery of SMS text messages between Licensee and end users’ (“Users”) wireless devices (the “Service”), provided by AGE Texting , Inc. (“AGE Media and Promotion”), whose address is 729 W Shady Hill St, Sioux Falls, SD 57108.

2. LICENSE TO USE SERVICE :

AGE Texting hereby grants to Licensee a limited, non-exclusive license to use the Service and the AGE Texting  Materials (as defined in Section 7, below) during the Term only as reasonable and necessary for the purposes contemplated by this Agreement. All rights not expressly granted are reserved by AGE Texting n Licensee agrees not to modify, sublicense, distribute, market, transfer, reverse engineer, reverse compile or make any copies of any of the AGE Texting  Materials, or otherwise attempt to gain access to elements of the AGE Texting  Materials. Immediately after the Effective Date, AGE Texting  shall deliver to Licensee online access to the Service and any and all accompanying documentation provided by AGE Texting to other licensees. Licensee shall have the right to use the Service for purposes related solely and exclusively to Licensee. Licensee shall not be entitled to sell, give, lease, distribute or otherwise transfer the Service to any other person, firm or station, whether or not affiliated with or commonly owned by Licensee.

3. REFERENCE SCHEDULE :

In exchange for the service:

A. One Time Set Up Fee of for initial provisioning of the KEYWORD(s) and set up of the SMS Program Capability to be paid upon final signature of agreement.

B. A Monthly payment will be charged that will include outbound SMS messages, keyword(s) and unlimited inbound SMS messages per month, as set forth in the signed “Agreement”, (Messages/keywords exceeding above agreed upon amounts will be charged at negotiated pricing schedule attached) account support, technical support and creative support. Any increase/decrease in this monthly fee will be negotiated each year as necessary on the anniversary date of signature.

C. If and when additional projects outside the scope of this agreement are negotiated or additional services at the beginning of this agreement, they can be added to this agreement on a project by project or item by item basis. They will be included in this contract on the basis of the mutual written agreement and signature of both AGE Texting and Licensee on a Statement of Work or a Statement of Work Addendum. The Statement of Work and Statement of Work Addendums will be considered part of this contract on the date of signature by both parties.

D. Payment: Licensee shall pay to AGE Texting those fees described in the Agreement and Statement of Work or Statement of Work Addendums attached hereto and made a part hereof. All invoices shall be due within thirty (30) days of Licensee’s receipt of such invoice thru automatic draft via credit card or ACH (echeck). The fees shall be valid during the Term of this Agreement or any extension thereof.

1.TERM/CANCELLATION :

Unless sooner terminated pursuant to Exhibit A, the Term of this Agreement shall be a monthly agreement, commencing on the Effective Date, and shall automatically renew for successive one (1) month terms, unless terminated by either party by written notice not less than thirty (30) days prior to the end of then-current Term. The AGE Texting Cancellation Form must accompany the written notice to execute termination of the service. AGE Texting may, upon thirty (30) days written notice, change the fees payable under this Agreement if the carrier network or aggregator imposes additional or increased fees for transmission or receipt of text messages. If the imposed increase in fees is greater than 10% of the then-current fee, then Licensee has the option to terminate this Agreement by written notice within the same thirty (30) day period, without penalty. There are no refunds for any fees paid. AGE Texting may terminate this Agreement or the service, disable your account, or put your account on inactive status, at any time, with or without cause, and with or without notice. AGE Texting shall have no liability to you or any third party because of such termination or action. AGE Texting may delete any of your archived data within 30 days after the date of termination by either party. If your account is classified (at AGE Texting ’s sole discretion) as inactive for over 180 days, AGE Texting has the right to permanently delete all of your account data. AGE Texting  in good faith will attempt to contact you via email prior to taking any permanent data removal actions. Unless the client contacts AGE Texting to discontinue service for any reason, the client is responsible for all payments until the service has been cancelled. Refunds or credits will not be issued for lack of use.

2.DATA :

“Data” shall consist of User information including, but not limited to, name, address, age, and cell phone number. Licensee shall be the sole owner of all Data, and shall retain all right, title and interest in and to the Data, provided any Data included within an opted-in database shall only be used with the related short code/shared short code in compliance with applicable industry and carrier guidelines. Licensee hereby grants AGE Texting a limited, non-exclusive, non-transferable license to use, review and modify the Data, and to extract non-personally identifiable statistical information from the Data for the purpose of reporting industry trends, statistical data and analysis, provided AGE Texting  shall not identify either the Licensee or any subscriber without Licensee’s express written consent.

3.CONFIDENTIALITY :

Each party may have access to the other party’s information, which shall be deemed confidential information if identified as such by the disclosing party or if the information by its nature is normally and reasonably considered confidential, such as information regarding software programs, product, methodology, research, customers, business partners, business plans, financial information, sales, marketing and merchandising plans and any information which provides a competitive advantage (“Confidential Information”). AGE Texting may also have access to customer, employee or other personally identifiable information, including, without limitation, name, address, phone number, fax number, email address, account information or purchase information (hereinafter “Personally Identifiable Information”). The receiving party shall employ reasonable measures to prevent the unauthorized use of Confidential Information and/or Personally Identifiable Information (collectively, “Proprietary Information”) (a “Privacy Breach”) by protecting the other’s Proprietary Information with the same degree of care it uses for its own Proprietary Information (and at least a reasonable degree of care), using the information only to carry out this Agreement, and disclosing the information only to its employees (or agents bound by similar confidentiality obligations) with a need to know for that purpose and shall use the information solely for the purposes of this Agreement. In the event of a Privacy Breach, AGE Texting shall immediately notify Licensee and cooperate with Licensee, as required by applicable law, to provide prompt notice to affected customers. The cost of any such notice shall be borne solely by AGE Texting . Proprietary Information shall remain the property of the disclosing party and shall be returned or (along with all copies) destroyed upon request; provided, neither party shall be obligated to remove Proprietary Information from any backup system that is either (i) not reasonably accessible by such party or (ii) not reasonably subject to deletion. Information shall not be deemed Proprietary Information if it: (i) is disclosed by the disclosing party to others without restriction on use and disclosure; (ii) becomes known to the receiving party without restriction from a third party who is not in breach of a confidentiality agreement with the disclosing party; or (iii) is already known by the receiving party at the time of disclosure. Proprietary Information may be disclosed to the extent required by applicable law, provided the disclosing party is given reasonable advance notice of such disclosure. This section will survive the termination of this Agreement.

4.OWNERSHIP AND AUTHORITY :

AGE Texting warrants that, to the best of its knowledge and in good faith, we will not sell or transfer, and do not own or have rights to merchants or supporters of Licensee, independent agent’s list of supporters, or contact information provided by Licensee’s independent agents.

5.TECHNOLOGY :

As between the parties and except to the extent such materials are created by, owned by or provided through AGE Texting , Licensee is and shall be the sole and exclusive owner of any of its proprietary technology, including the station call letters, contest names, any derivative works thereof, and any related documentation (collectively, the “Licensee Materials”), and all copyrights, trademarks, service marks, trade names, patents, trade secrets and other intellectual property and proprietary rights in and to the Licensee Materials and all portions thereof, and this Agreement shall not be construed in any manner as transferring any rights or ownership or license thereto, except as specifically stated herein. During the Term, each party grants to the other a limited, non-exclusive license to use the AGE Texting Materials or Licensee Materials, respectively, only as reasonable and necessary for the purposes contemplated by this Agreement. All rights not expressly granted are reserved by AGE Texting and Licensee, respectively. Other than as expressly provided by this Agreement, Licensee agrees not to modify, sublicense, distribute, market, transfer, reverse engineer, reverse compile or make any copies, of any of the AGE Texting  Materials. Licensee and AGE Texting agree not to attempt to gain access to elements of the AGE Texting Materials or Licensee Materials, respectively.

6.PUBLICITY :

AGE Texting may issue one or more press releases announcing and promoting Licensee’s use of the AGE Texting Services, and create various forms of collateral documentation concerning Licensee’s use of the AGE Texting Services, including white papers, case studies, brochures, web site content and related materials, provided, AGE Texting complies with Licensee’s trademark use policies.

7.INDEMNIFICATION :

Each Party shall indemnify, defend and hold harmless the other Party (and each of its officers, directors, employees and agents) from and against any and all third party claims, and any related liabilities, penalties, damages, judgments and expenses, including reasonable attorneys’ fees, in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any message(s) you distribute using this service or (iii) otherwise arises from or relates to your use of our service. Each Party’s obligation to indemnify, defend and hold harmless the other Party (and each of its officers, directors, employees and agents) is subject to the indemnified Party having given the indemnifying Party prompt written notice of the claim or of the commencement of the related action, as the case may be, and permitting the indemnifying Party to consult with the indemnified Party with respect to the defense of the claim or action, at the indemnifying Party’s own expense. The indemnified Party shall not settle or compromise any such third Party claim without the consent of the indemnifying Party (which consent shall not be unreasonably withheld).

8.STANDARD TERMS & CONDITIONS :

Licensee shall comply with the provisions of Exhibit A, which is incorporated herein by this reference.

9.LICENSEE’S TRADEMARKS:

Licensee’s trademarks, trade names, service marks, logos and symbols (“Licensee’s Trademarks”) are, and shall remain, Licensee’s sole and exclusive property. AGE Texting recognizes the value of the goodwill associated with Licensee’s Trademarks and acknowledges that all rights therein belong exclusively to Licensee, and AGE Texting has not acquired, and shall not acquire, any right, title or interest in any of Licensee’s Trademarks. Any and all goodwill and rights under trademark and copyright law, and all other intellectual property rights, that arise in favor of Licensee’s Trademarks as a result of this Agreement or otherwise shall inure to the sole and exclusive benefit of Licensee. AGE Texting shall not, during or after the Term of this Agreement, do anything which could in any way conflict with Licensee’s use or ownership of Licensee’s Trademarks and shall not attack, dispute or challenge Licensee’s right, title and interest in and to Licensee’s Trademarks or assist others in so doing.

10.GOVERNING LAW :

This Agreement shall be governed by the laws of the State of California. All legal actions in connection with the Agreement shall be brought in the state or federal courts within San Francisco, CA. Licensee agrees to pay all expenses AGE Texting may incur in connection with the enforcement of any provisions contained in this Agreement, including all reasonable attorneys’ fees and costs.

11.SEVERABILITY :

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force.

12.WAIVER :

The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.

13.NOTICES :

All notices, consents and other communications under or regarding this Agreement shall be in writing, in English, and shall be addressed to the parties at the addresses indicated in the Agreement, addressed to the person who signed the Agreement on behalf of such party, or to such other address or person as a party may designate in writing, and shall be deemed to have been received on the earlier of the date of actual receipt, the third business day after being mailed by first class certified air mail, or the first business day after being sent by a reputable overnight delivery service.

14.RELATIONSHIP OF THE PARTIES :

Each party acknowledges that it is an independent contractor of the other, and in no event will the employees and/or agents of a party be deemed employees and/or agents of the other. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind AGE Texting in any respect whatsoever.

15.COMPLETE AGREEMENT :

This Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. This Agreement many not be modified or amended except in writing signed by a duly authorized representative of each party; no other act, document, usage or custom shall be deemed to amend or modify this Agreement. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth herein. This Agreement may be signed in counterparts, which taken together shall constitute a single document, AGE Texting and Licensee agree to accept and rely on facsimile transmitted signed documents as if they bore original signatures.

16.FORCE MAJEURE :

If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

17.ASSIGNMENT :

This Agreement will be binding upon and will inure to the benefit of and be enforceable by each of the parties, their respective successors and permitted assigns. Neither party may assign its rights and/or obligations under this Agreement without the prior written consent of the other party, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, AGE Texting may assign this Agreement, in whole, to any third party in connection with any merger, consolidation, reorganization, liquidation, or sale of all or substantially all of the business or assets of AGE Texting upon prior written notice to Licensee. Any purported assignment or transfer of the Agreement in violation of this Section 18 will be null and void.

18.WARRANTY DISCLAIMER :

Use of our service and your reliance upon the service, including any action(s) taken by you because of such use or reliance is at your sole risk. AGE Texting does not posit that the service will be uninterrupted or error free, nor does it make any warranty as to the results that may be obtained from use of the service. The service is provided “as is” and AGE Texting  disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Exhibit A

TERMS AND CONDITIONS

Licensee shall adhere to all policies from AGE Texting and the carriers regarding the content, user interaction, and transmission of messages as described below. Contravention of any of these clauses could lead to the disablement of Licensee’s short code/shared short code on supporting wireless carriers.

1. Licensee will adhere to MMA guidelines and acceptable code of conduct regarding SMS-mobile marketing.

2. Licensee will ensure that all such content and materials do not and will not contain any material that:

A. is inappropriate, such as profane language, drug references, promoting drug use, or gambling references;

B. is unlawful, obscene, or defamatory;

C. violates intellectual property rights or third party rights;

D. is false, misleading, or likely to mislead or deceive (including, without limitation, information relating to the source or the author of the message);

E. contains sexually explicit images;

F. promotes violence or discrimination;

G. facilitates illegal activities;

H. advertises or promotes a carrier’s competitors if delivering content to the consumer through a specific carrier.

3.Licensee must provide users with information on how to “opt-out” of receiving messages from Licensee in the first message following the first opt-in for clubs or alerts, sent to a user. This message must include, at a minimum, all of the following items (not necessarily in this order):

A. Licensee identifier/name

B. Short description of the service

C. Number and frequency of messages

D. Charging information

E. Opt-out instructions

F. Contact information

G. Where to get assistance/URL

Example: AGE Texting: Max 6msgs/wk; Std msging chrgs apply; PLS rply “GO” 2 confirm u want Traffic Alerts. STOP=Optout.

4. Subject to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

A. Our service may only be used for lawful purposes.

B. You agree that you will not access or use ANY third party mailing lists for email addresses, instant message screen names, or mobile phone numbers, or otherwise prepare or distribute unsolicited messages in connection with our service.

C. You agree to import, access, or use only lists for which all listed parties have consented to receive correspondence from you (“Permission Based Lists”) in connection with your use of our service. You hereby covenant that you shall not use any other lists obtained without the expressed consent by members of said list in connection with your use of the service.

D. You acknowledge and agree that not all messages sent via AGE Texting ’s service will be received by their intended recipients.

E. Every message sent by you in connection with our service must contain AGE Texting ’s “unsubscribe” link that allows the recipient to remove his or herself from your mailing distribution list(s).

5. Licensee must include a prominent link on a publicly accessible website to SMS Terms and Conditions that will have clear instructions for the user to update or remove his/her details from the Licensee database, or to unsubscribe/opt out.

6. AGE Texting reserves the right to enable certain ‘template’ activities and keywords in order to ensure the continued availability of the short code/shared short code assigned to Licensee with supporting wireless carriers. Example of Current Template: “in-built-unsubscribe” and “in-built-help”; the following keywords will be included in all campaigns:

– (in-built-unsubscribe) STOP, QUIT, END, CANCEL, UNSUBSCRIBE

– (in-built-help) HELP

7. All television, radio, online, and printed advertising materials that encourage participation in a text based activity with the Licensee must include the following disclaimer: “Standard messaging charges apply per your carrier. Send HELP to [insert short code/shared short code number] for information. Send STOP to [insert short code/shared short code number] to opt out of the service. For full Terms & Conditions, please visit [insert T&C URL].” When applicable, the URL referenced should be to the actual rules of the promotion and/or contest. However, Licensee should consult their legal counsel.

8. Licensee agrees that all outbound messaging will contain a reference to Licensee’s name or brand.

Contests:

1. Licensee’s official rules must use the complete Contest Rules text as provided by AGE Texting . Licensee’s own legal counsel should advise where and when official rules need to be posted/advertised.

2. Licensee’s ‘REBOUND’ message (that is, the ‘entry confirmation text message’) must include the following: [Sponsor Name], HELP=Help, STOP=Optout, Standard messaging charges apply.

3. Messages containing references to alcohol and gambling cannot be approved or endorsed by AGE Texting . Licensee’s own legal counsel should be involved to assess FTC, FCC and state laws surrounding the promotion of such topics to subscribers. Licensee’s own legal counsel should consider that subscribers in receipt of promotions on such topics could be of any age. Licensee acknowledges that AGE Texting does not, and is not, providing legal advice to Licensee.

4. Licensee agrees that it will make all reasonable efforts to ensure that any outgoing messages, specifically pushes, are to subscribers who have opted-in to receive message(s) from the Licensee. Licensee assumes all risk if a message is sent to subscribers who have not opted in.

5. Licensee understands the Services are only supported on Windows Internet Explorer version 6.0 or greater / Firefox / Google Chrome ™ / Apple Safari ™. If the Licensee chooses to use the platform with another web browser, AGE Texting , Inc. cannot guarantee support.

6. These standards and restrictions will change from time to time based upon carrier requirements. AGE Texting  reserves the right to amend at any time to be in compliance with carrier requirements and industry best practice standards.

Anti-SPAM Policy – AGE Texting  provides businesses and organizations with a variety of tools to collect names, mobile numbers, IM screen names, and email addresses. AGE Texting ’s service may NOT be used for sending unsolicited messages (sometimes called “spam”). AGE Texting has a “no tolerance” spam policy. AGE Texting ’s customer support actively monitors large import lists and messages going to a large number of contacts. Any customer found to be using AGE Texting  for spam will be immediately cut-off from use of the service. If you know of or suspect any violators, please notify us immediately. Every outgoing message via AGE Texting contains a mandatory unsubscribe link. If the link is removed or de-activated in any way, AGE Texting will, depending on the circumstances, terminate or suspend the customer’s account pending the reactivation of that unsubscribe link. The Do Not Text List. You promise to hastily remove from the all data and information of any person who has previously stated verbally and/or in writing that he or she does not wish to receive Services made by or on behalf of you. You agree to update the Database or any contact lists delivered to AGE Texting hereunder prior to commencement by AGE Texting Services on your behalf. If you do provide us a list of email addresses and/or cell phone numbers, you will ensure that they do not contain email addresses or cell phone numbers of any person that has previously opted-out of receiving SMS or other communications. Some people just don’t want to get messages AGE Texting maintains and owns a Global Permanent Removal List which contains addresses and domains which it will not allow any customer to add to a database. You understand and agree that AGE Texting has full discretion to block the uploading of any mobile phone numbers which it has placed on such a list, and will not be liable for the blocking of any such address from any customer database. By clicking on the Unsub tab or on AGE Texting ’s footer or who sends an email to AGE Texting at info@agemedia.pub, any message recipient can opt-out of receiving any further communications from you through AGE Texting . You agree that AGE Texting can place people on the Global Permanent Removal List should that happen. Let’s obey the law. We all have to play by the rules. Plain and simple… you agree that it’s your sole responsibility to ensure that your use of the Services requested by you, and transmitted on your behalf by AGE Texting comply with all applicable Laws. You represent and warrant that the owners of the phone numbers you provide to AGE Texting , to which outbound messages are transmitted through the Services, have consented or otherwise opted-in to the receipt of such messages and broadcasts. You agree that you will include clear opt-out/unsubscribe information on at least every fifth text message you send through AGE Texting ’s Services and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association. You further agree that any individual requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts used with the AGE Texting Services and the AGE Texting Sites. You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages and broadcasts transmitted through the AGE Texting Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the AGE Texting Services by visiting the following websites:

1. Federal Trade Commission, http://www.ftc.gov

2. Federal Communications Commission, http://www.fcc.gov

3. DoNotCall Registry Info, http://www.donotcall.gov

The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and text messages. AGE Texting is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts and campaigns prior to using the Services. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns.

AGE Texting prohibits the use of the service by any business, person, or entity that:

1.Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make explosives or incendiary devices or any other sort of weapon.

2. Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.

3. Provides, sells or offers products, services or content frequently associated with unsolicited commercial email (Spam) such as online and direct pharmaceutical sales, including but not limited to health and sexual enhancement products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.

4. Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.

5. Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor).

6. Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.

7. Introduces viruses, worms, harmful code and/or Trojan horses onto the Internet.

8. Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting “get rich quick”, “build your wealth” and “financial independence” offerings.

9. Engages in any libelous, defamatory, scandalous, threatening, and/or harassing activity.

10. Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.

11. Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.

AGE Texting 30 Day Free Trial Terms and Conditions:

This offer (the “New 30-Day Free Trial Offer”), provided by AGE Texting (as defined in the AGE Texting Terms and Conditions of Use), entitles you access to the AGE Texting SMS Platform (as defined in the AGE Texting Terms and Conditions of Use) for a period of thirty (30) days from the moment you activate your trial. You must submit your payment details for the Free Trial Period to be activated.

By submitting your payment details, you accept the New 30-Day Free Trial Offer and (i) consent to AGE Texting using your payment details in accordance with our Privacy Policy, (ii) acknowledge and agree to AGE Texting Terms and Conditions. If you decide you don’t want to become a paying user of the AGE Texting  Service after the Free Trial Period, you must terminate your service by the end of the Free Trial Period. You may only use this Free Trial Offer once.

Waiver of Special Damages

IN NO EVENT WILL AGE TEXTING BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES, OR LOSS OF GOODWILL, DATA OR PROFITS OR COST OF COVER ARISING HEREUNDER, EVEN IF AGE TEXTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. FURTHERMORE, IN NO EVENT WILL AGE TEXTING’S LIABILITY UNDER THIS AGREEMENT EVER EXCEED THE AGGREGATE OF ALL FEES IT HAS COLLECTED PURSUANT TO THIS AGREEMENT.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AGE Media and Promotion (hereinafter “AGE”), developer of the AGE Texting platform, is a company, in partnership with Whitefire Text/ Rushmore Marketing Services, who offers text message platform using designated long codes to provide text (SMS) and multimedia (MMS) message advertising and product and service offerings delivered to users of mobile telecommunications devices, namely cellular phones. AGE uses technology to process users opted in via SMS or MMS messages to dedicated long code (toll free phone numbers).


Subscribers can subscribe to automated text messages by texting keyword to short code 72727 or 28748, signing up through a kiosk, or signing up using a web form—confirming consent to receive text messages.  

 

By opting in to receive messages from the business, subscribers acknowledge that message and data rates may apply.

 

AGE Media Messaging Service Terms of Use

 

I have read the following terms and conditions that govern the website for AGE Media & Promotion’s partner website, whitefiretext.com. Reading this message constitutes an agreement to comply with said terms and conditions. Whitefiretext.com is the property of AGE Media & Promotion’s (hereinafter “AGE”) messaging partner, Whitefire Text, LLC.

 

AGE SMS Messaging service offered in partnership with Rushmore Marketing Services/ WhiteFire LLC, is available to anyone in the United States or Canada on the stipulation that they abide by the Terms and Conditions governing this Service.

1. This is an agreement relating to your use of the AGE Media & Promotion Messaging Service in agreement to the following stipulations:

Mobile Terms of Service

Toll-free Number: Your mobile messaging program will make use of a WhiteFire LLC-provisioned Tollfree Number, unless otherwise stipulated in writing. For all questions about the services provided by this toll-free number, you can send an email to info@whitefiretext.com.

 

Charges: Standard message and data rates may apply any user sending or receiving SMS messages.

 

STOP: You can cancel the SMS service at any time. Just text "STOP" to (888) 980-9540. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. To unsubscribe from a particular keyword, text "STOP" and the keyword to (888) 980-9540. We will send you an SMS message to confirm that you have been unsubscribed from that list. Text "STOP ALL" to (888) 980-9540 to remove your number from any and all text messages and/or MMS messages coming from (888) 980-9540. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

HELP: If at any time you forget how to unsubscribe, just text "HELP" to (888) 980-9540. After you send the SMS message "HELP" to us, we will respond with instructions on how to unsubscribe.

 

Customer & Technical Support: Customer and Technical Support for AGE SMS may be contacted during normal business hours. Normal business hours are defined as 9am to 5pm Eastern Standard Time, Monday through Friday. AGE’s support staff will handle any calls made on holidays or outside normal business hours on the following business day.

 

Incorporation of MMA Guidelines: All parties agree to adhere to current Association's "U.S. Consumer Best Practices Guidelines" ("MMA Guidelines"). These guidelines can be found at http://mmaglobal.com/policies/consumer-best-practices. The terms of this document shall prevail in the event of a conflict between the MMA Guidelines and the terms of this document.

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

Content: The term "Content" refers to the data you are asking AGE’s Messaging service to store, process, or transmit to end users. You represent the following:

1) You own and/or have licensed the rights and necessary clearances to distribute the content to mobile devices (and, optionally, any other means of viewing content that has been mutually agreed on). The Content does not violate the rights of any entity protected by intellectual property legislation or similar laws or regulations.

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

3) The Content adheres to the current Association "U.S. Consumer Best Practices Guidelines". Said guidelines can be viewed at http://mmaglobal.com/policies/consumer-best-practices.

4) The Content (including storage, delivery, and transmission) does not violate any laws or regulations in the United States, Canada, your home jurisdiction(s), or any other jurisdiction where the Content is stored, delivered, or transmitted.

5) AGE prohibits the use of their platform and services for certain types of text programs and content either stored or transmitted. These programs and content include but are not limited to the following: sex, hate, alcohol, firearms, tobacco, drugs, loans, payday loans, short-term loans, mortgage loans, student loans, debt, debt relief, debt consolidation, debt reduction, credit, credit repair, tax, tax relief, work from home, medication. AGE reserves the right to refuse, suspend, terminate any campaign, text program or account at any time and without warning that, in its opinion, is related to any type of said content or other content deemed unacceptable by AGE.

 

AGE reserves the right to delete or refuse to transmit any Content that, in its opinion, violates any of the above stipulations. In the event that AGE deletes or refuses to transmit Content, the company will contact you to inform you of the problem. AGE will work with you to complete the campaign.

 

You permit AGE Media’s messaging platform website (whitefiretext.com) to alter and encode the Content into other formats, store it, and transmit it via third parties to mobile devices (and, optionally, any other means of viewing the content that is mutually agreed on).

Campaigns: AGE may refuse, suspend, terminate any campaign, text program or account that, in its opinion, is not in compliance with the then-current MMA guidelines, TCPA guidelines, CTIA guidelines, Canada Wireless Telecommunications Association Guidelinesf99, Cellular Carrier guidelines or that violates any applicable law or regulation.

 

Mobile Phone Numbers Provided to Us:

By providing mobile phone numbers for use on the AGE Messaging platform, you represent that:

1) You are in compliance with MMA and TCPA Guidelines.

2) AGE’s messaging website (whitefiretext.com)'s delivery of messages to the numbers provided will not violate MMA or TCPA Guidelines.

3) Transmission of messages to those phone numbers does not violate any applicable laws or regulations.

Reporting: Receiving access to AGE’s messaging platform will confirm the start of the campaign and provide proof of performance.

 

Service Level and Third Party Reliance: Uptime for AGE’s messaging platform is 99.99%. AGE, however, relies on many external suppliers in order to transmit messages to and from mobile devices. These suppliers include, but are not limited to, intermediary aggregators between AGE— in partnership with WhiteFire LLC, and mobile carriers, mobile carriers themselves, server hosting companies, Internet service providers, and others. Any failure on the part of any outside parties that results in message delay or failure falls under the definition of "Force Majeure" as described below.

 

Force majeure

1. General. Excluding payment obligations, neither party will be liable for default or delay of obligations under the terms outlined in this document if any such default or delay results from conditions beyond the reasonable control of either party. Such conditions include, but are not limited to, earthquakes, flood, fire, accident, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes ("Force Majeure event"). If AGE’s messaging platform suffers such default or delay, it will make reasonable efforts within five (5) business days to recommend a substitute transmission for the time period of the original transmission. If the Client is not reasonably satisfied with such substitute transmission, AGE will allow Client a pro-rated reduction in services in the amount of money allotted to time, space, and/or program charges at the time of purchase. In addition, all parties will retain the benefit of the same discounts that would have been earned had there been no delay or default.

 

2. Payment: If Client's ability to transfer funds to third parties has been negatively impacted by an event outside the reasonable control of Client, Client will make all reasonable efforts to make payments in a timely manner to AGE. Events outside the control of Client include, but are not limited to, failure of banking clearing systems or a state of emergency. Delays caused by aforementioned conditions will be excused for the duration of such condition. Excuse for delays caused by events beyond reasonable control of Client will not relieve any financial obligations of Client that would have been due and paid without such conditions. Service may be suspended, cancelled or terminated by AGE if the Client's payment for service fails. If this occurs, a series of "Payment Failure" notices will be sent and service will be cancelled or terminated if payment is not received within 14 days.

 

3. Cancellation: Either party may cancel the remainder of service without penalty in the event that Force Majeure continues for five (5) consecutive business days.

Additional Indemnification: You agree that WhiteFire LLC. and its affiliates and subsidiaries will be indemnified harmless against any losses, damages, or expenses (including reasonable legal fees and disbursements) arising from or relating to any claims, actions, or other proceedings brought on by or on behalf of any third party if said claims result from your acts or omissions in connection with any service offered by WhiteFire LLC.

4. Use of WhiteFire LLC's website (whitefiretext.com). The Messaging Center is not to be used for any abusive and/or unlawful purposes. Such purposes include, but are not limited to, any use that may cause disruption of services provided by WhiteFire LLC. or its customers, or damage to WhiteFire LLC. property. You agree that all usage of the WhiteFire LLC's website (whitefiretext.com), including transmitted communications, will be in compliance with all laws and regulations. You are responsible for all content transmitted through the Messaging Center. WhiteFire LLC. only provides you with service of sending messages to mobile phones. AGE’s messaging website (whitefiretext.com) is not liable for any consequences brought on by or relating to any messages sent by any person that uses aforementioned service.

5. Privacy. Your private information will only be collected, stored, processed, transmitted, or otherwise handled by AGE with your knowledge and consent. This is primarily done by completing an online form. Your personally identifiable information will not be sold or rented to anyone by AGE. Any lack of privacy that you may experience while using the Messaging Center is not the fault of AGE, and AGE will not be held liable. AGE reserves the right to disclose, intercept, or delete any messages sent through the Messaging Center in order to protect its rights.

6. Limitation of Liability. AGE will not be held liable, under any circumstances, to you or any other person for any direct, indirect, punitive, incidental, consequential, or special damages of any form that are brought on by or are related to use of the Messaging Center at whitefiretext.com. AGE will not be held liable for any act associated with the proper exercise of its rights under 2 and 3 of this agreement between AGE and you.

5. No Warranties. AGE offers no express warranty with regards to its services or the Messaging Center. AGE disclaims any implied warranty, including specifically any warranties of merchantability or fitness for a particular purpose. AGE does not authorize anyone to make any kind of warranty on its behalf.

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

(i) The Services will meet your requirements; its services will meet your requirements;

(ii) Its services will be uninterrupted, timely, secure, or error-free;

(iii) Its services will be uninterrupted, timely, secure, or error-free;

You acknowledge that it is not within the control of AGE. how or for what purposes its services are used and the allocation of risk in these terms is a reflection of the price paid for its services. If any exclusion in this service is determined to be invalid and AGE becomes liable for damages or loss that may be lawfully limited then that liability will be limited to the amount paid by you for the services provided by AGE. AGE shall not be liable to the Client for any loss arising from any data, instructions, or material supplied, digitally or otherwise, by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or arising from late arrival or non-arrival or in the wrong form or any other fault by the client or on its behalf. AGE is not responsible for any malfunction, delay, non-performance and/or other degradation of performance of any of its 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. Any work so arising may result in additional charges.

 

AGE will make reasonable efforts to repair and reinstate service in the event of a failure, depending on the severity of said failure. If said failure is the result of an action performed by the Client or an agent of the Client to whom access to the servers was given then the Client shall be responsible for paying all costs associated with reinstating and/or repairing the server. Unavailability resulting from negligent failure of AGE to deal with circumstances within its control and lasting for a total of 48 hours in any 30-day period will require AGE (at its discretion) to either pay to you compensation limited to a credit for the amount paid by you for the unavailable service or a refund in that amount. AGE or anyone else involved with the creation, production, or supply of its services will not be held liable to the Client or any other entity for any loss under Terms, tort (including breach of statutory duty or negligence) 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, or

(ii) loss of contracts, profit, revenues, or anticipated savings, or

(iii) damage to the reputation or goodwill of the Client, or

(iv) loss resulting from any claim made by any third party, or

(v) direct, indirect, special, or consequential damage or loss of any nature whatsoever, and AGE shall be indemnified by the Client from and against any claim which may be made against AGE in respect thereof. Limitation or Exclusion of implied warranties or of liabilities for incidental or consequential damages will not apply in jurisdictions that do not allow for such limitations or exclusions. AGE shall not be liable for obligations that were prevented or delayed in or from performing under conditions due to circumstances beyond its control such as, but not limited to, riots, war, governmental acts, strikes, trade disputes (including with and by our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, fire, flood, explosion, or natural or local emergency.

7. Opt-in Guarantee by Client. Clients of AGE guarantee that all mobile numbers in their accounts are 100% opt-in, and recipients of text messages and/or MMS messages recognize the sender and expect to receive said messages from him or her. AGE reserves the right to request that the client submit written explanation of the method of collecting phone numbers and a guarantee signed by the client that all mobile numbers on his or her list have agreed to receive text messages and/or MMS messages from the client if it suspects that the list of numbers may not be 100% opt-in. In cases where AGE suspects that a list is not 100% opt-in it reserves the right to take any action it thinks is appropriate, including but not limited to cancellation of the account.

8. Pricing. AGE reserves the right to make adjustments to the pricing of its product/service offering. AGE may raise or lower its prices at any time. In the event that AGE makes significant alterations to its pricing, Clients will be notified at least 30 days in advance. Subscriptions to services are subject to acceptance by AGE. AGE will deem Clients subscriptions to services acceptable when AGE delivers a confirmation of the subscription to the Client. AGE reserves the right to refuse to provide any service to anyone for any reason. Payment will be made to company through check, ACH, online credit card, or any other method set forth by AGE. The Client acknowledges and agrees that in the event of a charge back by a credit card company (or similar action by another payment provider) or other nonpayment by client in connection with payment for AGE services or subscription fee may result in suspension, cancellation, or termination of said services or subscription, in sole discretion of the company. If the Client's service is suspended, cancelled, or transferred prior to the end of the then-current service term, all fees paid are non-refundable in whole or in part. The Client acknowledges that AGE is not obligated to make any refunds under any circumstances. However, if the Client wishes to cancel their account, they will not be automatically billed from then on unless they re-instate the account. Should the Client cancel their account, the said account will be immediately terminated. Thereafter they will no longer have access to their account and they will lose any keywords (Keywords), subscribers and other data they originally had. To cancel an account, a AGE user must email info@agemedia.pub to make the cancellation request and include the following in the subject line: "Please Cancel AGE SMS Account". Please allow 48 hours to process the cancelation.

 

9. Unpaid products. AGE reserves the right to cancel, suspend, terminate and / or end service for any and all unpaid products or services that are deemed inactive or no longer in use.

10. Intellectual Property. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by AGE, you agree not to sell license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or designed elements on this site is strictly prohibited without the express written permission of AGE. For information on requesting such permission, please contact us at info@whitefiretext.com.

11. Content Submitted to Traffic AGE. You grant to AGE a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any comments and other information (including, without limitation, ideas contained therein for new or improved products and services) you submitted to any public areas of AGE (such as bulletin boards, forums and newsgroups) or by email to AGE by all means and in any media now known or hereafter developed. You also grant to AGE the right to use your name in connection with the submitted comments and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no legal recourse against AGE for any alleged or actual infringement or misappropriation of any property right in your communications to AGE.

12. Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. You hereby consent to jurisdiction of the courts in the State of New York to resolve any disputes arising under this Terms of Use.

Agreement. You acknowledge that AGE’s decision to provide Messaging Center service to you is contingent on your compliance with these terms and conditions, and that these terms and conditions, unless otherwise specified herein, constitutes the entire agreement between you and AGE. and supersedes all prior or contemporaneous communication between you and AGE. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

This policy may be amended at any time, at the discretion of AGE. You will be notified of any substantial changes via this Terms of Use page. If you have any questions, comments, clarifications, or ambiguities, or would like to report any violations the AGE’s messaging website (whitefiretext.com) please send us your feedback.

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