Terms on this page apply equally to both users of the standard GalaxyText service and developers using Application Programming Interface (“API”).
GalaxyText provides businesses and organizations with a variety of tools to collect names, phone numbers, instant message screen names, and email addresses on a 100% opt-in basis. GalaxyText’s service may NOT be used for sending any unsolicited messages (sometimes called “spam”) under any circumstances. You agree to the privacy and anti-spam policies described in this document and agree to enforce anyone using your account to adhere to permission-based marketing practices respecting the privacy and anti-spam policies described on this page. You agree to take full responsibility and accept legal consequences of any action taken by anyone using your account.
GalaxyText will not use your database or any other private information stored in your account for any purpose other than those intended with the service.
- This Agreement is a contract between you and GalaxyText,
and governs your use of all Content (as defined below) and your activity in connection
with all GalaxyText services (collectively the “Service”). By completing the registration
process and accepting this Agreement, you represent that (i) you have read and understood
this Agreement and agree to be bound by its terms and conditions and (ii) you are
at least 16 years of age. If you do not agree to be bound by (or cannot comply with)
any of the terms and conditions of this Agreement, do not check the acceptance box
below and do not continue the registration process or attempt to access the Service.
- GalaxyText Inc may from time to time amend, supplement or modify
the terms of this Agreement. If you do not agree to be bound by or cannot comply
with the Agreement as amended, your only remedy is to stop using the Service. You
will be deemed to have accepted the Agreement as amended if you continue to use
the Service with no exceptions.
- In order to use the Service, you must register and provide certain
information to GalaxyText (“Registration Information”). You agree that you will
use the Service only in the country or territory where you currently reside. You
agree to provide current, complete and accurate Registration Information at the
time you register. GalaxyText will use your Registration Information in accordance
attempt to use or access the Service. You agree to indemnify and hold GalaxyText,
its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable,
harmless for any improper, unauthorized or illegal uses of your member name, password
and/or your account.
- GalaxyText may in its sole discretion terminate this Agreement
or suspend your account at any time. If GalaxyText terminates this Agreement, or
suspends your account for any of the reasons set forth in this paragraph, it shall
have no liability or responsibility to you, and GalaxyText will not refund any
portion of your fees. You understand and agree that your cancellation of your account
is your sole right and remedy with respect to any dispute with GalaxyText. This
includes, but is not limited to, any dispute related to or arising out of: (1) any
term of this Agreement or GalaxyText’s enforcement or application of the same;
enforcement or application of these policies; (3) the Content; (4) your use of and/or
ability to access and use the Service; and (5) the amount or type of fees, surcharges,
applicable taxes, billing methods, or any change to the fees, applicable taxes,
surcharges or billing methods. Except as set forth above with respect to inadvertent
charges, in the event that your account or subscription is terminated or canceled,
GalaxyText will not refund any fees.
- Description of Service. The Service makes available for you to connect
with your customers through a 2-way SMS communication as well as the use of QR-Codes.
The process of sending text messages and QR codes to end users will be done through
GalaxyText’s easy-to-use platform. This unique platform has been created in-house
and will give you an advantage over your competitors through this new marketing channel.
2.2 Service Features:
Below is a list of features GalaxyText offers to its customers. These features were created in-house and is forbidden to be replicated in it’s exact or similar form. Please view certain non-guarantee’s for use of these features:
- Subscription (A monthly reminder messages will be sent to all users on the anniversary of their enrollment)
- Mobile Surveys
- Mobile Coupons
- Mobile Trivia
- Text Voting & Polling
- Appointment Reminders (**Please note due to time sensitivity of program message delivery is not guaranteed) /(messages are not guaranteed to go through or to be sent error-free)
2.3 Use of Service:
- You must be at least 16 years of age to use this Service.
- You may use the Service only in accordance with the terms and
conditions of this Agreement and any amendments, including any additional terms
necessary in connection with any particular feature or function of the Service.
- The Service is for your personal use and may only be used in
accordance with the terms and conditions of this Agreement. You understand and agree
that you may not transmit or re-transmit, broadcast or re-broadcast or make any
commercial use of the Service, including the Content. For example, you may not copy
or distribute the Service or the Content in any manner not expressly authorized
by the Service.
- You may not attempt (or authorize, encourage or support others’
attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or
interfere with the Service, including the Content. You agree to advise GalaxyText
promptly of any such unauthorized use(s) or attempt(s).
- GalaxyText ‘s rights to make certain Content available to you
may change. In such event, GalaxyText will not deliver to you the license connected
to such Content. If GalaxyText ceases making any such rights available, GalaxyText
will not refund any portion of your fees, but you may contact customer support to
receive an appropriate replacement.
- You assume total responsibility and risk for your use of this
Service. To the extent permitted by law, GalaxyText provides all Services, Content
and Information on an “AS IS” basis and does not make any warranties, express or
implied, representations or endorsements with regard to the Service, merchants,
information, or Content.
- GalaxyText does not claim ownership of the materials you provide
to GalaxyText (including feedback and suggestions) or post, upload, input or submit
to this Service for review by the general public, or by the members of any public
or private community. However, by posting, uploading, inputting, providing or submitting
(“Posting”) your Submission you are granting GalaxyText permission to use your
Submission in connection with the operation of their business, including, without
limitation, the license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; to publish
your name in connection with your Submission; and the right to sublicense such rights.
No compensation will be paid with respect to the use of your Submission, as provided
herein. GalaxyText is under no obligation to post or use any Submission you may
provide and GalaxyText may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control
without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
- As a condition of your use of the Service, you will not use
the Service for any purpose that is unlawful or prohibited by these terms and conditions.
You may not use the Service in any manner that could damage, disable, overburden,
or impair the Service, or network, connected to the Service, or interfere with any
other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized
access to the Service, accounts, computer systems or networks connected to the Service,
through any means. GalaxyText reserves the right at all times to disclose any information
as GalaxyText deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in its sole discretion.
- The Service may present links to retailers and/or other third-party
websites not owned or operated by GalaxyText. These links are provided only as
a convenience to you. Neither GalaxyText nor its business partners are responsible
for the availability of these outside sites or their contents. You understand and
agree that neither GalaxyText nor its business partners are responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with your use of or reliance on any content of any such site or
goods or services available through any such site. You should direct any concerns
regarding these third-party sites to those sites’ administrators.
- GalaxyText reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice to you. You agree that neither GalaxyText nor its
affiliates or licensors shall be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
- By posting messages, inputting data, or engaging in any other
form of communication through the Service, you represent and warrant that you own
or otherwise control all applicable rights to the content, materials, messages and
the like that you post, upload, transmit or display; that the content, materials,
messages and the like are accurate; that use of the content, materials, messages
and the like that you supply does not violate third-party rights and will not cause
injury to any person or entity; and that you will indemnify GalaxyText, its partners,
parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all
claims resulting from content, messages, materials and the like that you supply.
In addition, you acknowledge and agree that GalaxyText may store and/or disclose,
as applicable, any such content, messages or material it is required to do so by
law, or has a good faith belief that such storage or disclosure is reasonably necessary
to comply with court orders or other legal processes; to enforce this Agreement;
to respond to any claims that such content (or your use of the same) violates any
third party’s rights; or to protect the rights, property or personal safety of GalaxyText,
its business partners, affiliates, licensors and/or licensees, any other GalaxyText
subscriber or member, or the general public.
- Please direct any questions concerning the Service, Content
or any other related issue to firstname.lastname@example.org.
2.4 Price and Delivery:
- The price of any Content purchased through the Service will
be the price specified in the Service at the time of your purchase. By purchasing
the Content or Service you warrant that you are the authorized purchaser and that
the billing information provided is accurate. GalaxyText will not issue refunds
based upon inaccuracies represented by the purchaser. By approving the purchase
of the product, you authorize GalaxyText to charge you for the purchase.
- Member Subscription: This Service may require you to open an
account. You must complete the registration process by providing GalaxyText with
current, complete and accurate information as prompted by the applicable registration
form. You then will choose a password and a user name. You are entirely responsible
for maintaining the confidentiality of your password and account. Furthermore, you
are entirely responsible for any and all activities that occur under your account.
You agree to notify GalaxyText immediately of any unauthorized use of your account
or any other breach of security. GalaxyText will not be liable for any loss that
you may incur as a result of someone else using your password or account, either
with or without your knowledge. However, you could be held liable for losses incurred
by GalaxyText or another party due to someone else using your account or password.
The Service subscription is not transferable, such that you may not authorize other
persons to sue your account. Any distribution by you of your account name and password
my result in cancellation of your subscription without refund and in additional
charges based upon unauthorized use.
- Delivery: Delivery of Product(s) purchased pursuant to these
Terms will be made directly to your cellular phone. The details of the delivery
process will be provided to you at the time of purchase. Delivery is conditional.
In order for proper delivery, your cellular phone must be turned on; capable of
receiving the Product(s); set to receive text messages (Please note that not all
mobile phones allow the storage of new ringtones). Ordered Product(s) can only be
delivered when the cellular phone is on a compatible network, a full list of which
is available on the order form. Provided that the cellular phone and cellular phone
provider’s network will accept the Product(s), delivery of the Product will
occur within 24 hours of completion of the order. Typically, delivery of the Product(s)
occurs within a matter of seconds. We will attempt to deliver the ordered Products
a total of three times to the same cellular phone. If the Product(s) has not been
successfully delivered, please notify us within 7 days. If you do not notify us
within this period, we will presume that the Product(s) has been received. If the
Product(s) cannot be delivered, GalaxyText will refund the payment, provided that
the Product’s non-delivery to the cellular phone is not the result of the
Purchaser’s error. If the Purchaser’s error caused the non-delivery,
payment will not be refunded.
- Mobile Originated Message (MO) & Mobile Terminated Message (MT):
GalaxyText does not charge you (the client) MO’s (Mobile Originated), however,
you (the client) will be charged MT’s (Mobile Terminated). Mobile Terminated messages
are the reply messages from GalaxyTexts Platform that reaches the end users cellphone after
they participate in your campaign by opting in. You (the client) are responsible for
all MT’s that are sent from your campaign(s) using GalaxyText’s platform. GalaxyText’s
clients (you) agree to pay the balance of MT’s that have been used in full through our monthly
MT invoice. If the client (you) purchased a package, the client (you) are only response for MT’s that exceed your current package (see here for packages) If clients (you) have a pay-as-you-go agreement (paying all MT’s from platform), clients (you) will still be responsible for all MT’s with no exceptions. Failure to pay the MT invoice
will result in legal action. By registering an account with GalaxyText you agree full
responsibility for all MT’s; in content and in payments owed to GalaxyText.
You (the client) are responsible for paying the whole MT balance at the end
of every month with no exceptions. There are no refunds for the use
of MT’s in your account/campaign. If you (the client) does not agree
with this condition you are ineligible to use GalaxyText’s Text Message Service.
- GalaxyText reserves its right to collect applicable taxes and
impose premium surcharges for certain features of the Service.
- No subscription mobile list(s) will be released to the client (you) if there’s an outstanding balance. Any payment owned to GalaxyText must be paid in full before the release of any mobile subscription lists (defined as mobile numbers collected in GalaxyText’s platform after opt-in’s).
- You may not use the Service to upload, post, transmit, display,
perform or otherwise make available to other subscribers, members or third-parties
any messages, content or materials that are illegal, obscene, threatening, defamatory
or invasive of privacy; violate (intentionally or unintentionally) a contractual,
fiduciary or confidentiality obligation or duty you have to any third party; infringe
intellectual property or other third-party rights; harm minors in any way; comprise
or contain software viruses or other computer code designed to interfere with the
functionality of any computer systems, software or hardware; interfere with or disrupt
the Service or any networks or servers connected to or by the Service; constitute
unsolicited bulk email, political campaigning, commercial solicitation, chain letters,
pyramid schemes, mass mailings, or any form of spam; or violate (intentionally or
unintentionally) any applicable local, provincial, national or international law. In
addition, you may not use a false email address, impersonate any person or entity
(including but not limited to other subscribers, members and employees of GalaxyText,
its affiliates or licensors), or otherwise mislead other subscribers, members or
third parties as to your identity or to the origin of a message or content. You
understand and agree that any loss or damage of any kind that occurs as a result
of the use of any messages, content or material that you upload, post, transmit,
display or otherwise make available through your use of the Service is solely your
2.6 Service Features:
FOR ANY ADVERTISING OF ANY MOBILE CAMPAIGN, BE SURE THAT YOU CLEARLY STATE:
- 1. Message Frequency + Program Duration
• Display actual product quantity per subscription term (Example: 8 msgs/mo)
- 2. Disclose Pricing
• Clearly state that ‘message and data rates may apply.’
• Must be one line break above or below cell number submission field.
• Must be within 125 Pixels directly above or below cell number submission field.
- 3. Clearly communicate all Terms and Conditions of your Mobile Campaign.
• Display link to terms and conditions page.
• Leave all radio buttons or checkboxes empty for customer action.
- 4. Clearly display STOP/HELP or INFO information
• STOP/HELP or INFO must be bolded. Example: Reply HELP for Help, Reply STOP to cancel, INFO 4 info
- 5. Display Supported Carriers List
• Supported Carriers: Bell, Fido, MTS, Rogers Wireless, SaskTel, Telus, and Virgin Mobile. Other carriers may be added.
3. Content :
- In consideration of your payment and your acceptance of this
Agreement, GalaxyText grants you a non-exclusive, non-transferable, single-user
right to download and use the Content on a single hand-held computer or mobile device.
This license extends to you and your hand-held computer or mobile device.
- You may not reproduce, copy, transfer or distribute by any means,
method or process whatsoever, any of the Content licensed by this Agreement, including
by not limited to, transferring or downloading any such Content from one hand-held
computer or mobile device to another, to a computer hard drive, or otherwise copying
the Content onto any other storage medium.
- This license may not be assigned without the written consent
of GalaxyText, which right may be withheld by GalaxyText in its sole discretion.
- The Content may contain third party Content which requires notices
and/or additional terms and conditions. By accepting this Agreement, you are also
accepting the additional terms and conditions, if any, set forth therein.
- You may not alter, merge, modify, or adapt the Content pr create
derivative works based upon the Content.
- You may not sell, rent, lease, or sublicense the Content.
- GalaxyText is not responsible to you for any content or materials
constituting all or part of any Content or any other aspect of the Service that
you might find objectionable.
- Nothing in this Agreement grants you or authorizes you to grant
to anyone else any right to reproduce, copy or distribute by any means, method or
process whatsoever any of the Content licensed by this Agreement, including but
not limited to, transferring or downloading any such Content to a computer hard
drive, or otherwise copying the Content onto any storage medium.
- Nothing in this Agreement grants you or authorizes you to grant
to anyone else any right to reproduce, copy or distribute or perform publicly by
any means, method or process whatsoever, any sound recording embodying any of the
Content licensed under this Agreement.
- If you fail to comply with this Agreement, GalaxyText may,
in addition to its other remedies, terminate this Agreement and the license it grants
you and you must destroy all copies of the Content.
- The foregoing license grants you a limited license to use the
Content. GalaxyText and its licensors retain all right, title and interest, including
all copyright and intellectual property rights, in and to, the Content and all copies
thereof. All rights not specifically granted in this Agreement including Federal
and International Copyrights, are reserved by GalaxyText and its licensors.
- CONTENT WARRANTY DISCLAIMER AND LIMITED LIABILITY. THE CONTENT
IS PROVIDED TO YOU ON AN “AS-IS” BASIS. GALAXYTEXT PROVIDES NO TECHNICAL SUPPORT,
WARRANTIES OR REMEDIES FOR THE CONTENT. GALAXYTEXT AND ITS SUPPLIERS DISCLAIM ALL
WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING
THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE
IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. GALAXYTEXT DOES
NOT WARRANT THAT THE CONTENT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE U.C.C. WILL BE CONFERRED
ON YOU UNLESS EXPRESSLY GRANTED HEREIN. GALAXYTEXT SPECIFICALLY DISCLAIMS ANY EXPRESS
OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. IF APPLICABLE LAW REQUIRES ANY
WARRANTIES WITH RESPECT TO THE CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION
TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY GALAXYTEXT, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
(CANADA ONLY) SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS
AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.
- The Content Warranty Disclaimer and Limited Liability set forth
above are fundamental elements of the basis of the Agreement between GalaxyText
and you. GalaxyText would not be able to provide the Content on an economic basis
without such limitations. Such Warranty Disclaimer and Limited Liability inure to
the benefit of GalaxyText ‘s licensors.
- (Outside of CANADA) Consumer End Users Only. The limitations
or exclusions of warranties and liability contained in this Agreement do not affect
or prejudice the statutory rights of a consumer, i.e., a person acquiring goods
otherwise than in the course of a business. The limitations or exclusions of warranties,
remedies or liability contained in this Agreement shall apply to you only to the
extent such limitations or exclusions are permitted under the laws of the jurisdiction
where you are located.
- If GalaxyText (a) receives a Notice alleging that you have
engaged in infringing behavior or (b) reasonably suspects that your use of the Service
or the Content violates GalaxyText ‘s or others’ intellectual property rights, GalaxyText
may, in its sole discretion, suspend or terminate your account with or without notice
to you. If GalaxyText suspends or terminates your account under this paragraph,
it shall have no liability or responsibility to you, and GalaxyText will not refund
any portion of your fees charged to date.
- You may not transfer the Service or any Content out of your
handset via any means for any purpose. Any copying, redistribution or other use
of the Content is expressly prohibited without the prior written consent of GalaxyText.
- ALL DOWNLOADS SHALL EXPIRE THIRTY (30) DAYS AFTER PURCHASE AND
NO REFUNDS WILL BE GIVEN FOR EXPIRED DOWNLOADS.
- For additional information regarding the use of information
collected in connection with the Service, please refer to GalaxyText ‘s privacy
policy at http://www.galaxytext.com/privacy-policy.
- You agree to indemnify and hold harmless GalaxyText and its
agents, employees, representatives, licensors, affiliates, parents and subsidiaries
from and against any and all claims, actions, demands, causes of action and other
proceedings arising from or concerning your use of the Service and the Content (collectively
“Claims”), and to reimburse them on demand for any losses, costs, judgments, fees,
fines and other expenses they incur (including attorneys’ fees and court costs)
as a result of any Claims.
- UNDER NO CIRCUMSTANCES SHALL GALAXYTEXT AND/OR ITS AGENTS,
EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR
SUPPLIERS (“GALAXYTEXT PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR THE INABILITY TO USE THE CONTENT, LOSS OF BUSINESS, LOSS OF PROFITS,
BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE,
THE CONTENT AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
GALAXYTEXT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
- GALAXYTEXT’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES
FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $50 OR THE AMOUNT PAID
BY YOU FOR THE SERVICE AND/OR CONTENT THAT CAUSED SUCH DAMAGE.
- (CANADA ONLY) SOME PROVINCES DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
FROM PROVINCE TO PROVINCE.
- THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY
TO ALL ASPECTS OF THIS AGREEMENT.
- UNDER NO CIRCUMSTANCES SHALL GALAXYTEXT AND/OR THE GALAXYTEXT
PARTIES, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR
6. Privacy and ANTI-SPAM Policies:
GalaxyText has zero tolerance for spam. GalaxyText actively monitors large distribution lists and messages going to a large number of contacts. Any GalaxyText user found to be sending spam will be immediately cut-off from use of the service and may be subject to legal action by GalaxyText, government authorities, or the recipients of your messages. Evading GalaxyText monitoring system or the delivery of undetected SPAM messages through the system is a clear and serious SPAM violation. If you know of or suspect any violators, please notify us immediately by clicking here.
Every out-going email and instant message via the GalaxyText service contains a mandatory unsubscribe link that allows the recipient to remove themselves from your mailing distribution list(s). Voice broadcasts must also include verbal instructions on how to be removed from your calling list. In the case of mobile messages, the initial message must include STOP instructions to opt-out of SMS messages. To unsubscribe, recipients are prompted to text STOP to the short code that sent the unwanted message. If the unsubscribe link is removed or de-activated in any way, or if the SMS STOP verbiage is omitted, GalaxyText will terminate the customer’s account.
- What is Spam?Spam is any type of unsolicited messages. By sending messages to only those who have explicitly requested to receive it, you are following accepted permission-based messaging guidelines. You should not assume a preexisting relationship to be a substitute for explicit permission to send messages. For example, if your customer disclosed a mobile number in a normal course of business but did not specifically express permission to receive your message, you cannot send messages to the number. If it is discovered that you have been delivering any type of message to recipients who have not granted you permission, you will be held fully accountable for your actions and are subject to any and all legal actions that result from such violations including class action suits whether you use our standard user interface or API. Please refer to the following list of resources to help combat possible spam violations:What constitutes consent? – The recipient of your message has been clearly and fully notified of the collection and use of his or her contact information and has consented prior to such collection and use. This is often called informed consent. If any person purchased a product or service from you or partakes in an event, meeting, conference, or general gathering, or if a person “Likes” or “follows” your business on Facebook or Twitter, that person does not adequately consent to receiving messages from you. If you require people to confirm their opt-in to your system, but have not received a response from those people, you do not have sufficient consent and may not send messages to those individuals.
- Any account knowingly or unknowingly contributing to SPAM or violation of federal, state,provincial, local, or carrier laws or rules, at GalaxyText’s sole discretion, will be suspended without any refund. Also, GalaxyText may have to assist the parties claiming damages from your actions related to spam if required or necessary in the course of GalaxyText ‘s defense at GalaxyText’s sole discretion.
- You agree you will not access or otherwise use ANY third party mailing lists for email addresses, instant message screen names, or phone numbers, or otherwise prepare or distribute unsolicited messages in connection with our service.
- You agree to import, add, edit, access or otherwise use only lists for which all listed parties have opted-in to receive correspondence from you (“Permission Based Lists”) in connection with your use of the service. You hereby covenant that you shall not use any other lists in connection with your use of the service.
- You acknowledge and agree that not all messages sent via GalaxyText’s service will be received by their intended recipients. For example, sending a message to a distribution list delivers messages to some unintended recipients by way of your message being forwarded to a changing group of individuals. It is your responsibility to disallow an email address if sending to the address results in message delivery to a distribution list.
- You agree to comply with all local, provincial and federal regulations and general practices governing your specific content or promotion type. Content affiliated with alcoholic beverages is prohibited. In particular, alcoholic beverages or entertainment content or promotions targeted for people under 21 years of age may not be sent through the system.
- You agree to identify your organization, product and service accurately and not deceive your recipients in any message with reference to your identity, offering, availability, pricing, benefits, and any other aspects of your communication.
7. Prohibited Content
GalaxyText prohibits the use of the service by any business, person, or entity that:
- 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 bombs, grenades or other weapons.
- Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
- Sends materials, contents, and promotions of items that are not appropriate for children under 18 years of age based on the general practices of your industry or the community that you serve without clearly identifying age limitation for consuming your content.
- Provides, sells or offers products, services or content frequently associated with unsolicited commercial messages, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being 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, claim of lost bank accounts or inheritances, 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.
- 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.
- 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).
- Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
- 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.
- Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
- 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.
- Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
- Remedies. You understand and agree that any unauthorized use
of the Service or the Content would result in irreparable injury to GalaxyText
and/or its affiliates or licensors for which money damages would be inadequate,
and in such event GalaxyText its affiliates and/or licensors, as applicable, shall
have the right, in addition to other remedies available at law and in equity, to
immediate injunctive relief against you. Nothing contained in this paragraph or
elsewhere in this Agreement shall be construed to limit remedies or relief available
pursuant to statutory or other claims that GalaxyText, its affiliates and/or licensors
may have under separate legal authority, including but not limited to, any claim
for intellectual property infringement.
- Promotions and Advertising. GalaxyText and/or its business
partners may present advertisements and promotional materials on or through the
Service. Your participation in any GalaxyText promotional event is subject to the
terms and conditions associated with that event. Your correspondence or business
dealings with, or participation in promotions of, any third-party advertisers on
or through the Service, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such third-party. You agree that neither GalaxyText
nor its business partners shall be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of such third parties on the Service.
- This Agreement shall be governed by the internal laws of the
Province of Quebec, without giving effect to principles of conflict of laws. You hereby
consent to the exclusive jurisdiction and venue of the provincial courts sitting in Montreal, Quebec or the Canadian Legal Information (Quebec Statutes and Regulations Quebec provincial statutes and regulations)
to resolve any disputes arising under this Agreement. In each case this Agreement
shall be construed and enforced without regard to the United Nations Convention
on the International Sale of Goods.
- This Agreement contains the complete Agreement between the parties
with respect to the subject matter hereof, and supersedes all prior or contemporaneous
Agreements or understandings, whether oral or written. You agree that any varying
or additional terms contained in any purchase order or other written notification
or document issued by you in relation to the Content licensed hereunder shall be
of no effect. The failure or delay of GalaxyText to exercise any of its rights
under this Agreement or upon any breach of this Agreement shall not be deemed a
waiver of those rights or of the breach.
- No GalaxyText dealer, distributor, agent or employee is authorized
to make any amendment to this Agreement. This Agreement supersedes any and all prior
agreements, discussions and negotiations between you and GalaxyText, and it sets
forth the entire agreement and understandings between the parties as to the subject
matter of this Agreement. Neither of the parties shall be bound by any terms, conditions,
definitions, waivers, warranties or representations with respect to the subject
matter of this Agreement other than as expressly provided in this Agreement or duly
set forth on or subsequent to the date hereof in a writing signed by a proper and
duly authorized representative of whichever of the parties is to be bound thereby.
- If any provision of this Agreement shall be held by a court
of competent jurisdiction to be contrary to law that provision will be enforced
to the maximum extent permissible and the remaining provisions of this Agreement
will remain in full force and effect.
- “GalaxyText” and other trademarks contained in the Content
are trademarks or registered trademarks of GalaxyText, Inc, in Canada
and/or other countries. Third party trademarks, trade names, product names and logos
may be the trademarks or registered trademarks of their respective owners. You may
not remove or alter any trademark, trade names, product names, logo, copyright or
other proprietary notices, legends, symbols or labels in the Content. This Agreement
does not authorize you to use GalaxyText ‘sor its licensors’ names or any of their
- If either party breaches, or threatens to breach, any of its
obligations under this Agreement, the damages to the other party will be great and
irreparable; therefore, either party may apply to a court of competent jurisdiction
for injunctive or other equitable relief to restrain such breach or threat of breach,
without posting bond and without disentitling such party to any other relief in
either law or equity.
- This Agreement shall not be construed to create a joint venture
or partnership between the parties hereto. Neither party shall have the right, power,
or authority at any time to act on behalf of, to impose any obligation on, or to
represent or legally bind the other.
- The enumeration and headings contained in this Agreement are
for convenience only and are not intended to have any substantive significance interpreting
- You agree that GalaxyText may audit your use of the Content
for compliance with these terms at any time, upon reasonable notice. In the event
that such audit reveals any use of the Content by you other than in full compliance
with the terms of this Agreement, you shall reimburse GalaxyText for all reasonable
expenses related to such audit in addition to any other liabilities you may incur
as a result of such non-compliance.
- Any correspondence, notice or request permitted to be given
under or in connection with this Agreement or the subject matter hereof shall be
sent by prepaid, certified, first class mail, or courier service with receipt of
delivery obtained directly to GalaxyText addressed as follows:
9. Short Code Support and Information:
- Short Codes 77223
This short code is used as a standard rate short code and supports various features for our clients
Text Alerts: Maximum 8 standard rate messages per month.
- To end text “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE” and “STOP ALL” and you will not receive any further text messages from shortcode 77223.
- To join any program associated with this shortcode text the “KEYWORD”. You may then receive future alerts sent directly to your cell phone.
- For help text “HELP” and you will receive an MT with options and contact info.
- Does this cost me anything? – Message and data rates may apply
- How many messages will I receive? Maximum up to 8 messages per month
- Participating Carriers – This shortcode is open to subscribers of Bell, Fido, MTS, Rogers Wireless, SaskTel, Telus, and Virgin Mobile. Other carriers may be added.
- Text “HELP” or “INFO” to 77223
Email Inquiries: email@example.com
Telephone Inquiries: 1-888-745-TEXT(8398)
Canadian Mail Inquiries:
Attn: Client Services
352, Dorval ave.
Dorval, QC H9S3H8