Terms of Use

Zero-Tolerance SPAM Policy.

Currently In Beta

We are currently in beta and in the process of drafting our official Terms of Use document. In the meantime, please do not abuse the system.

Zero-Tolerance SPAM Policy

Group Messenger has a zero-tolerance SPAM policy. User accounts will be terminated for sending unsolicited email, SMS, Instant Message, Voice, or Facebook messages. This means that all recipients sent to must have opted-in to receiving communications from you, the sender.

You can only use Group Messenger to send email, SMS, Instant Message, Voice, or Facebook messages to lists of people that gave you permission to message them. So if you don't have proof that each recipient on your list opted-in for your email, SMS, Instant Message, Voice, or Facebook contacts, then do not import them into Group Messenger.

Group Messenger prohibits the use of third-party, purchased, rented, or harvested mailing lists. Group Messenger will terminate accounts violating the foregoing.

You cannot email, SMS, Instant Message, Voice, or Facebook to newsgroups, message boards, distribution lists or unsolicited email addresses.

You agree to only use Group Messenger in association with an established list of permission based opt-in email, SMS, Instant Message, Voice, or Facebook addresses. We provide use of Group Messenger only to those users who follow our strict ANTI-SPAM policy.

You agree that you shall not utilize Group Messenger to send any commercial electronic email, SMS, Instant Message, Voice, or Facebook message (as defined in the CAN-SPAM Act of 2003) to any recipient who has opted out, unsubscribed or otherwise objected to receiving such messages from you or another party on whose behalf you may be commissioned.

Terms of Use

In these Terms and Conditions, users of the Site, whether they are subscribers, customers, or casual browsers of the Site, are called 'Users'.

Please read these Terms and Conditions before using our website. By using or accessing our website, or just by browsing the Site, you agree to be legally bound by these Terms and Conditions and all guidelines and policies incorporated by reference in these Terms. If you chose not to agree with these Terms in their entirety, you may not use our website.

Our website is not intended to be used by minors. You must be at least of the age of majority to use our website.

We reserve the right to change or modify any of the terms and conditions contained in these Terms, at any time. If you do not agree with the updates, you should cancel your account, and stop using the website.

1. Privacy Policy

Please refer to our privacy policy, available at (the "Privacy Policy"). Do not use our website and our services if you do not agree with our Privacy Policy.

2. User Data

When you provide us with user's (e.g., personal or billing) data, you must: (1) provide accurate, current and complete information; (2) keep your login information and password(s) secure; (3) maintain accuracy of your data; (4) accept all risks of unauthorized access to your data and any other information you provide to us. You are responsible (financially and otherwise) for all activity on your Group Messenger account, including all fees incurred by your activity.

3. Service Fees and Taxes

Charges and any other fees for the use of this website are described on the website. They may change at any time. If you keep using the service after the change, you accept the new charges and fees. Any change to charges and other fees will be applicable to the next billing period in which the change occurs.

You are responsible for all taxes applicable to the fees (depending on your geographical location / residence).

4. Trademarks, Ownership, and Copyright

The content on the website (all kinds of files) is property of Collective Action Inc. Content provided by the User, is property of the User. Any use of any portion of the Content without the prior written permission of its owner is strictly prohibited.

All rights to the website and non-User content are expressly reserved.

User Content is user's responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause. We have the absolute discretion, but no obligation, to remove, or edit any User Content, at any time and for any reason.

5. Limited License of the User Content to Collective Action Inc.

We need the right to use User Content to the extent necessary to operate the website and our services.

By uploading/entering User Content to the website, user grants us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use and modify works from such User Content on the website. We are not required to pay or compensate User for the use of it.

6. Warranty

The Site, the Content and the services provided by the Site are provided to you on an “as is” basis without warranties from us of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not represent or warrant that Content is complete, accurate, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Content or any portion thereof.

7. Limitation of Liability

Users waive and shall not assert any claims or allegations of any nature whatsoever against us, our affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees, arising out of or in any way relating to your use of the website, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content.

We shall not be liable for any damages, including but not limited to loss of use, loss of profits or loss of data, arising out of or in any way connected with the use of the website.

The total liability of Collective Action Inc., arising out of or relating to the use of the website should not exceed any fees paid by you for the use of the website during the three months before to the date of your claim.

7.1 Message Privacy - The customer acknowledges that message content is transmitted unencrypted and that eavesdropping of phone communications, including SMS delivery, by third parties is possible.

7.2 Delivery - The customer acknowledges that we deliver messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery of the messages within the technical constraints imposed by the abovementioned providers.

Messages submitted via our website will be transferred to the addressed recipients within seconds or minutes, provided that the recipient's receiver is switched on and located in an area covered by her subscribed network provider. The customer acknowledges that, depending on the recipient's provider service, it may not be possible to transmit the message to the recipient successfully, particularly if the provider does not support chosen delivery method at all.

7.3 Large Volume Transmission - The customer acknowledges that transmission of large numbers of messages (> 1,000 messages per day) may be subject to restrictions and delays on the part of the network providers affected. The customer agrees to communicate her intent to transmit such volumes to us at least 5 business days in advance in order to ensure that such delivery can take place without disruptions.

7.4 Disruptions and Damages - If the customer causes damages or disruptions of the website or our delivery system by bad intent, he/she becomes liable for all direct and indirect consequences and associated costs.

7.5 Message Content - The customer assumes full responsiblity for the content of the messages transmitted by herself or by a third party on her request. The customer agrees to abide to all laws and regulations applicable to the content and intent of the messages transmitted by her. The customer assumes liability for all consequences and costs arising out of offenses against such regulations. The customer must ensure that her message delivery does not cause disturbance or harassment of a recipient or other third party. The customer agrees to refrain from sending messages containing offensive, violent, pornographic, or discriminatory, or otherwise illegal content. The customer is not permitted to send messages to recipients who have made clear that they do not wish to receive these messages or advertisements.

7.6 Opt-in Recipients - Sending messages to Opt-in recipients only is permitted. The Customer agrees to ensure, that all recipients on his/her delivery list, are fully opted-in, i.e. these recipients clearly gave the Customer permission to send them these messages. It is illegal and not allowed to send messages to recipients that did not give such permission. It is illegal and not allowed to send unsolicited messages. It is illegal and not allowed to send SPAM or Mobile phone SPAM as defined by Wikipedia. The sender of such unsolicited messages (the Customer) bears full legal and financial responsobility for such actions. Collective Action Inc. shall not be liable for any damages arising out of or in any way connected with the use of the website by such Customers.

8. Applicable Law

The website is controlled by Collective Action Inc. and operated from our premises in New York. You agree that all disputes, claims or other matters arising from your use of the Site will be governed by the laws of the State of New York and the federal laws of the United States of America. You also agree that all Claims will be heard and resolved in a court located in New York City, New York.

9. Termination/Modification of License

We reserve the right, without notice and in our discretion, without any liability to you, to terminate or limit your license and/or access to use the website, or any services provided by us.

10. Inactive Accounts; Termination of Agreement

If your account is inactive for two months, we may deactivate and/or delete your account without any notice. All your data will be lost.

If your subscription payment has been canceled, rejected, not cleared or not received on time, we may deactivate and/or delete your account without any notice. All your data will be lost.

You and Collective Action Inc. may terminate these Terms and your use of the Site at any time. Purchased message credits and other fees are not refundable or transferable and do not bear interest. In case of account/program cancellation by the customer, unused message credits will expire immediately.

11. Group Messenger Software Use

These statements apply to all software distribute by Group Messenger or Collective Action Inc.: You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program, or any subset of the licensed program, except as provided for in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution. THIS SOFTWARE IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE AT YOUR OWN RISK. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE. Installing and using our software signifies acceptance of these Terms and Conditions in their entireity. If you do not agree with the terms of this license you must remove the program files from your storage devices and cease to use the product.

Resources

http://www.smsmatrix.com/front/pdf/Mobile-Best-Practices.pdf
http://www.smsmatrix.com/front/pdf/Mobile-Advertising-Guidelines.pdf
http://www.smsmatrix.com/front/pdf/code-of-conduct-for-mobile-marketing.pdf
http://www.smsmatrix.com/front/pdf/Mobile-Glossary.pdf

Privacy Policy

Please see our Privacy Policy document for more information about how we respect our user's privacy.

Terms of Use in development 08/2014