VAMOBILIZE Terms of Service Preface

VAMOBILIZE provides a set of APIs and tools that allow external applications to send and receive SMS text messages to and from their users, respectively. The goal of VAMOBILIZE is to offer application developers a "free and unlimited" service that is usually too costly to set up on their own. There is no limit to what can be done with the service and we will never try to limit ones creativity. HOW EVER VAMOBILIZE WILL NOT TOLERATE ANY MISUSE OF THE SERVICE AND MALICIOUS ACTIVITIES. VAMOBILIZE is able to provide this service for free by attaching teaser advertisements to each message sent to your users' mobile phones. Your users have the option to respond with the appropriate trigger word (keyword) to receive more information about the advertisement. We ask that you provide targeting data about each of your users if available. This will provide users with a more meaningful experience while interacting with your application via SMS. Data is used solely to match individual users with appropriate advertisements. NO END-USER INFORMATION WILL BE SHARED WITH ANY ADVERTISERS OR OTHER PUBLISHERS/DEVELOPERS.

VAMOBILIZE Terms of Service

This Terms of Service Agreement (this "Agreement") sets forth legally binding terms that must be adhered to by a User/Developer/Publisher (a "User") of the SMS text message delivery system (the "Service") offered by VAMOBILIZE (the "Company"). The Company reserves the right to modify the terms of this Agreement from time to time as necessary; modifications are effective immediately upon posting on the website.

By using VAMOBILIZE services (including the website, mobile phone client application, text messaging service, and instant messaging service) or accessing any information obtained from the VAMOBILIZE service, you agree to be bound by these Terms of Service.

  1. You understand and agree to the fact that your subscribers are bound and protected by the VAMOBILIZE Subscriber Privacy Policy.
  2. You agree that you are responsible for your conduct and content while using the VAMOBILIZE service and for any consequences thereof. You agree to use the service only for purposes that are legal, authorized, proper and in accordance with these Additional Terms and any applicable policies or guidelines.
  3. This service makes it possible to post messages hosted on the service to outside websites. This use is accepted (and even encouraged!).
  4. You can use the service free of charge. Users of the SMS text messaging feature, however, will be responsible for any data charges, phone charges, or text messaging charges assessed by their carrier or internet service provider.
  5. You understand that we are continuously developing the features and the functionality of the this service. Consequently, we also reserve the right to modify these Terms of Service at any time at our sole discretion. You agree that such alteration shall be effective upon posting on the VAMOBILIZE website and you will be bound to any alterations when you use the Service after such alteration is posted. It is therefore important that you review these Terms of Service regularly to ensure you are updated regarding any alterations. Your sole remedy should you not agree with the altered Terms of Service shall be to close your account and to cease using the service.

Term

This agreement will remain in full force and effect while you are a User of the Service. The Company retains the right to terminate your usage at any time. The Company retains the right to terminate a User account if there is no activity over a period of thirty (30) days. Keywords All keywords are property of VAMOBILIZE and are subject to change or be modified if deemed necessary.

Message Content

1.You understand and agree that any content associated with use of the Service ("Content") is subject to profile monitoring and subsequent removal from the Service if, in the Company's sole discretion, any such Content is found to be offensive or illegal, appears harmful or threatening to other Users, or violates the rights of another User or the terms and conditions of this Agreement.

2.VAMOBILIZE reserves the right to indemnify itself from any legal actions taken against any User/Developer/Publisher of content.

3.Each User/Developer/Publisher is solely responsible for his or her Content when using the Service, whether or not it is monitored and/or removed from the Service by the Company.

4.The following is a partial list of the kind of Content that is illegal or prohibited when a User is using the Service. The Company will investigate and take appropriate legal action in their sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

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

Advertisements

Users may not use the Service to send text advertisements. The only advertisements permitted in messages are the ones authorized by the Company.

User Subscriptions

Subscription methods cannot be modified in any way other than those set-forth by VAMOBILIZE.

Trademark

You cannot promote your service using the VAMOBILIZE name without obtaining prior permission first. VAMOA, INC is the owner and exclusive licensee of all copyrights, trademarks, and other proprietary information related to the service, and thereby retains all proprietary rights associated therewith. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.

Disclaimer

Use of any of the VAMOBILIZE Service's is at your own risk. The Company is not responsible for any conduct of, or incorrect or inaccurate content or other information communicated by, a user using the service. VAMOBILIZE assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alternation of, user communications. Although everything possible is done to keep our servers running, no guarantee is made that every message will be delivered in a timely fashion. VAMOBILIZE is not responsible for any problems or technical malfunction of any telephone network or line's, computer online systems, servers or providers, computer equipment, software, failure of messages on account of technical problems or traffic congestion on the internet or at any website. Under no circumstances will VAMOBILIZE be responsible for any loss or damage resulting from the use of the Service by a User, or for any content communicated by or to a User of the Service. The Service is provided "as-is" and VAMOBILIZE expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Service.

Mobile

If you use VAMOBILIZE text messaging services, also note the following:

VAMOBILIZE does not charge to receive text message alerts, but standard text messaging charges apply. Check your text messaging plan with your carrier. Account holder approves charges will appear on cell bill or deducted from prepaid balance. For help, text HELP to 82662 or email support@vamoa.com. To stop receiving text messages at any time, text STOP to 82662.

SMS Services are currently available only in the US.

The VAMOBILIZE SMS numbers are:

  • USA: 82662

Your may opt in to SMS updates by:

  1. Signing up on the Web at 3rd party websites.

    • Widgets are hosted on 3rd party websites. If you choose to signup to receive SMS messages from the 3rd party webiste hosting a vamobilize.com vlist, complete and submit the from provided on the vlist.
    • A confirmation SMS is sent to your phone with a 4 digit confirmation code. Reply to that text message with the confirmation code as the body of the text message.

  2. Texting the vamobilize short-code (82662).

    • Text keyword as the body of the text message sent to 82662 to subscribe to a given sms list, where keyword is the name of the list that you want to subscribe to.

You may opt out of SMS Updates:

  1. by SMS:

    • Disable all SMS updates by texting any of the following words to VAMOBILIZE: "stop, off, end, quit, cancel, unsubscribe"
    • Disable SMS updates from a specific vamobilize.com user by texting "STOP keyword" to VAMOBILIZE, where keyword is the name of the list that you want to unsubscribe from.
Last updated on January 19, 2012.