Terms of Use

The terms of usage for Cellcast.

Permitted Use of the Site and Service

This Site is provided as on an .as is. basis by Cellcast for the convenience of its customers and users, and the Site and the domain name(s) associated with it and all copyrights, trademarks and other proprietary and personal rights of the Site and Service are the sole property of Cellcast. The Site and Service are intended for use by persons 18 years of age or older. You are permitted to access the Site, the Service and the Content provided by Cellcast (which may include text, images, hosted software, sound files, video or other content, and may be provided via the Site or otherwise) solely for the purpose of receiving information about Cellcast’s business and products, purchasing and utilizing the Service, communicating with Cellcast, entering prize promotions offered by Cellcast, Inc or otherwise as stated on the Site.

Cellcast, Inc hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the Site and Service solely for the purpose of operating the Site.

You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Content.s owner. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from Cellcast, Inc. All copyrights, trademarks, patents, trade secrets and other proprietary rights contained within the Site are the sole property of Cellcast and/or its licensors, each of whom reserves all rights with regard to such materials.

Cellcast may at its option provide you with one or more areas within the Site for online discussions (e.g. message boards, wikis, chat rooms or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. Cellcast reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. Cellcast shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.

You hereby grant Cellcast a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use, copy, perform, or revise any content provided by you to Cellcast via the Site (which is referred to in these Terms as “User Content”), including but not limited to any forum posts you may create. In connection with such User Content, you warrant and represent to Cellcast that you have all rights, title and interests necessary to provide such User Content to Cellcast, and that your provision of the User Content to Cellcast shall not infringe any partys proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.

Disclaimers

Cellcast makes no warranties, express or implied, with regard to the Site or the Service, their operation, or your use of the Site or Service, including but not limited to warranties of merchantability or fitness for a particular purpose. Cellcast makes no warranties as to the availability, up-time, functionality, error-free nature or reliability of the Site or the Service, the Internet, the telephone network through which the Service is utilized, or other technology utilized to present, access or utilize the Site or the Service, nor does it warrant that the Site or Service shall be free of computer viruses or other malicious content. Cellcast reserves the right to modify, suspend or discontinue the offering of the Site and Service at any time for any reason without prior notice. Further, while Cellcast utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Site or Service.

IN NO EVENT SHALL CELLCAST BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE, EVEN IF CELLCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL CELLCAST’S AGGREGATE LIABILITY FOR ANY REASON ARISING OUT OF THESE TERMS, THE SITE OR THE SERVICE FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO CELLCAST HEREUNDER.

Cellcast may provide links to third party Web sites from the Site. Such links are provided for your convenience, and do not necessarily constitute an endorsement by Cellcast of such sites or an affiliation between Cellcast and the owners of such sites, nor shall Cellcast be liable for the contents of such sites. Cellcast will also not be liable for any errors in such links, or for any malfunction of such links.

Payments

Your use of the Service is contingent on your paying in advance for such use, in the amounts and using the methods then-current on the Site. Cellcast will charge your indicated method of payment immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site. To the extent that you are responsible for any additional taxes or fees beyond those collected by Cellcast, you agree that you will pay them when due.

Cellcast shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.

Payments to Cellcast may be prepaid via Credit Card or Wire transfer. Funds added to your account are converted to prepaid credits and are added to your account balance. All prepaid credits shall have an expiration date linked to the date of purchase (or most recent date of account recharge), at which point it shall expire automatically. All credits will expire 12 months after the aforementioned date. Any unused value shall be forfeited upon expiration.

As between you and Cellcast, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases.

Trademarks

CELLCAST, the Cellcast logo, and other Cellcast trademarks, service marks, graphics and logos used in connection with Cellcast are trademarks or registered trademarks of Cellcast, Inc. in the United States and/or other countries. Other trademarks, service marks, graphics and logos used in connection with Cellcast may be the trademarks of their respective owners.

Copyright Policy

It is the policy of Cellcast, Inc. to terminate access to Cellcast by any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification of such infringement to us by the copyright owner or the copyright owner’s legal agent. If you believe that your work is been hosted on Cellcast in a way that constitutes copyright infringement, please provide us with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on Cellcast; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our agent for notices of claimed copyright infringement may be reached as follows:

Cellcast
40 Porter St,Prahran,
VIC 3181, Australia
Email: info@cellcast.com.au

User Warranties; Indemnification

By using this Site and the Service, you hereby warrant and represent that you have all necessary rights, power and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent to Cellcast that you are and shall at all times remain in full compliance with all applicable laws and regulations with regard to your use of this Site and Service, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing and Internet marketing.

By using this Site and the Service, you agree to indemnify and hold harmless Cellcast, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys. fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out of your breach of the above warranties or any use by you or an account or computer owned by you of the Site, the Service or the Content or your provision of User Content to Cellcast.

These Terms shall be governed by and interpreted in accordance with the laws of the State of Florida, United States of America. You agree that the exclusive forum for any disputes arising out of these Terms and/or your use of the Site or Service shall be the state and federal courts located in Palm Beach, Florida.

Responsible Use

Customer agrees to familiarize him or herself with the legalities of any campaigns run through the Cellcast system, by visiting the following websites:

  • Federal Trade Commission: http://www.ftc.gov
  • Federal Communications Commission: http://www.fcc.gov
  • DoNotCall Registry Info: http://www.donotcall.gov
  • Customer agrees to familiarize themselves with any additional International, Federal, State, or local laws governing your dialing.
  • Customer agrees to place *ANY* individual requesting DNC status, on Customer’s accounts DNC list, immediately.
  • Customer agrees to provide legal contact information in any outbound campaign within the initial greeting message.
  • Customer agrees to provide own sound files for all outbound campaigns.
  • Customer agrees to provides all data and with this ability agrees to responsibly dial each campaign with courtesy to the recipients for which it is meant.
  • Customer agrees to schedule campaigns responsibly.
  • Customer agrees not to send any calls to life-line services, such as hospitals, fire, police, 911, or utility related telephone numbers.
  • Customer agrees to not send any sales outbound broadcasts to recipients that have not consented to receiving such a broadcast.
  • Customer agrees to use DNC / opt-out features made available to you via Cellcast.
  • Customer agrees to consult with an attorney before dialing any data for which customer is unfamiliar, or if legalities of dialing remain unclear to Customer.
  • Other Provisions

Customer acknowledges and agrees to be held liable for any and all damages caused to Cellcast by Customer, its officers, agents and/or employees, as a direct result of a violation in State, Federal, and tariff regulations. Damages include but are not limited to those damages that may arise from Customer’s fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by Cellcast to Customer.

The provisions regarding ownership; payments; warranties; and indemnification set forth above will survive any termination of these Terms. All notices to Cellcast in connection with these Terms shall be provided in writing, and any notice will be deemed to be given on the date it is received.

Express Consent and Express Written Consent

You will not send, cause to be sent or facilitate the sending of any message using the Service if the recipient to receive such message has not given you prior express consent. However, in the case that you are sending messages that are Spam, you must have acquired the prior express written consent from the recipient to receive such message. Under no circumstances will You send Spam or any other message where You obtained the consent of the recipient as a condition to a purchase.

We will send notice to the email on record if a card is declined. We may also follow-up by phone or mail. We reserve the right to send delinquent accounts to a collection agency if they are not paid within 3 months.

Retrieving Your Data After Your Account Has Been Cancelled

Per our privacy policy, data from cancelled accounts will be deleted immediately and cannot be retrieved. Please be sure to export all data you wish to save before canceling your account.

 

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