Mobile Marketing Platform

TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS BEFORE USING THIS WEB SITE. This Terms and Conditions (T&C) "the Agreement" along with this Privacy Policy, set forth your obligations, Skycore LLC. "Skycore" obligations, and the rules you must follow when using the Marketing Platform "the Site" and/or its Services. Your use of the Site, and/or its Services, constitutes your agreement to be bound by the terms and conditions set forth in this Agreement, including those incorporated by reference. If you do not agree to these terms you may not use this site. All references to "you" or "your" refer to the individual, group, association or enterprise as it applies to the registration for or actual use of the Services.
 
Changes to this Agreement:
Skycore reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Sites. You are responsible for regularly reviewing these terms and conditions.
 
Definitions:
The term "Subscriber" shall mean: The End-user, or Consumer, of which the services of this Site are directed.

The term "Service" shall mean: A benefit offered by an Account Holder to a Subscriber through their Account.

The term "Content" shall mean: A marketing or communication offered by an Account Holder to a Subscriber.
 
End User Terms
 
Access to the Services:
You must be at least 13 years of age to access the Service (18 in Florida). You are responsible for any feesyou incur to access the Service such as access to the internet, sending and receiving multimedia messages; and for mobile data and SMS charges.
 
Ownership of the Content:
You acknowledge and agree that the Content made available as part of the Service is protected by intellectual property laws. By using the Service, you have been granted a limited, non-exclusive, non-transferable, revocable right and license to use the Content on a mobile device solely for your own personal, non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content.
 
General Disclaimers:
WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO THE SITE, SERVICE OR ANY THIRD-PARTY CONTENT AND ANY PRODUCTS ADVERTISED BY SUCH THIRD PARTIES TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.

We make no representations that messages and content can be terminated to handsets through a particular operator in a particular country, even if listed as supported. Weassume no responsibility for the timeliness, deletion and/or delivery of any communication(s) sent to you. Wereserve 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.
 
Indemnification:
By availing yourself to the Services, you agree to hold harmless all parties involved in the delivery of messaging or content to your deviceagainst any claims for damages, losses, costs or otherwise, including reasonable attorneys' fees, arising in any manner whatsoever from your use of the Services.
 
Limitation of Liability:
Marketing Platform Provider or the Account Holder is not responsible or liable to you for any direct, incidental, consequential, indirect or punitive damages that result from your access to or use of the Service and/or the Content. By availing yourself of the Site, Services, Content or related services, you agree to release and hold The Marketing Platform Provider and Account Holder and its employees, officers, directors, shareholders, agents, representatives, affiliates and subsidiaries harmless from any and all losses, damages, rights, claims and actions including but not limited to:
  1. mobile device hardware or software malfunctions, failures or difficulties of any kind;
  2. failed, incomplete, garbled or delayed messages or content;
  3. any disruption or corruption of the Content, Services;
  4. any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Content, Services, including the potential for malicious software or viruses to be covertly attached to content, messaging or other Services by third parties;
  5. any printing or typographical errors in any material; and
  6. mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter or find objectionable.
 
Links and Advertising:
As a convenience, we may display content or links to sites which may be of interest to you but may not be under our control. These links do not imply an endorsement by Skycore, and we are not responsible for the availability of or the content contained in any linked sites. You acknowledge that from time to time, Skycore may permit third parties to post advertising and/or promotional materials (collectively, the "Third-Party Content"), within the Service or, attached to content. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO THE THIRD-PARTY CONTENT AND ANY PRODUCTS ADVERTISED BY SUCH THIRD PARTIES TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
 
Account Holder Terms
 
Marketing Platform Provider:
The Site is owned and operated by Skycore, LLC. ("Skycore"). All content included in the Site is protected by U.S. and international copyright laws. "Skycore," "the Site" and the Skycore logo are trademarks of Skycore. You may not use our trademarks without our written permission.
 
Account Holder:
The account holder is the person or entity to which the account is registered. The Account Holder is a client of the Marketing Platform Provider and uses the marketing platform to communicate with end users.
 
End User:
An end user is any recipient of communications from an Account Holder using the Marketing Platform or any of the marketing platform provider's tools or services.
 
Registration:
When you complete the registration process you become an Account Holder. You must be 18 years or older to be an Account Holder. You will be asked to choose a unique username and password for your account. The Account Holder is responsible for all activity associated with theaccount, including all fees and charges.All information that you provide to The Marketing Platform Provider must be accurate, including your name, address, credit or charge card numbers and expiration dates, and any payment information. You are responsible for keeping such information up-to-date.
 
Monthly Plan:
When you create your account you agree to a specific monthly plan and also overage rate. Overage rates will apply to the account should you use more messages than are included in the selected monthly package. Your package is automatically renewed each month and any unused credits or messages will expire.
 
General Representations and Warranties:
By using the Service, you represent and warrant that:
  1. Your registration data is correct, and you will promptly notify us of any changes;
  2. None of the Content provided by you shall breach or infringe the rights of any third party (including copyrights, trademarks, patents, privacy or other personal or proprietary rights);
  3. You are fully authorized to enter into this Agreement, and perform according to the terms and conditions;
  4. You will not use the Site in any manner that is (i) pornographic, obscene, threatening or abusive in nature; (ii) likely to defame any third party;
  5. You will not use the Site in any manner that violates the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act of 1991, or any other applicable law, including, but not limited to:
    1. Sending SMS/MMS messages to a mobile device or number which has not affirmatively "opted-in"or continuing to send messages to a mobile device or number that has "opted-out";
    2. Sending emails without a valid "Unsubscribe" link or sending messages to an email address that has previously unsubscribed or opted-out;
    3. Inappropriately targeting children and anyone under the age of 13 in violation of FTC rules and regulations, or any other applicable law. Best practices to be used when advertising to children can be found at the following URL: http://www.caru.org/guidelines/guidelines.pdf
 
Content License and Additional Warranties:
You represent and warrant that you are the owner, agent or authorized licensee of all right, title and interest in and to any intellectual property, proprietary rights or other rights relating to intangible property which is used, developed, comprising, embodied in, or practiced in connection with this Agreement . Without limiting any other remedies, we may terminate your account if you are found to have in any way engaged in fraudulent activity in connection with the services. Such fraudulent activity includes, but is not limited to, providing inaccurate registration data or alleging to be the owner or licensor of Content found to be the intellectual property of another entity that has not authorized you to make such Content available for performance.

By displaying, uploading, creating or publishing any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant the Site, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services on your behalf. This license will immediately terminate at the time you remove such Content from the Site. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may temporarily remain on the Site's servers after you have removed the Content. You further agree to pay for all royalties, fees, and any other monies owing to any person by reason of any Content posted by you to the Site.
 
Content Policy:
A violation of the content policy will result in removal of the content. Repeat offenses in the content policy or failure to comply within 3 days will result in account termination. We do not allow:
  1. Content that contains anything that is obscene or indecent or anything with strong sexual, explicit or erotic themes or that links to such content; or
  2. Content that contains hate speech; or
  3. Content that contains excessive violence; or
  4. Content that contains extreme profanity; or
  5. Content that contains misleading or fraudulent claims; or
  6. Content that promotes or glamorizes alcohol abuse, illegal drug use or use of tobacco products.
 
Advertising and Promotion Restrictions:
Account Holders agree to:
  1. strictly adhere to all applicable local, state and federal (Federal Trade Commission, Federal Communication Commission, etc.) laws, rules and regulations regarding advertising and promoting the Services, including, but not limited to, the CAN-SPAM Act of 2003;
  2. follow the MMA Consumer Best Practices for mobile marketing programs (http://www.mmaglobal.com/bestpractices.pdf);
  3. never advertise or promote the Services to children under the age of 13;
  4. obtain written approval from the Platform Provider BEFORE offering any sweepstakes, contests or lottery through the Service;
  5. update any internal contact lists to reflect any subscribe or unsubscribe requests, opt-in or opt-out requests, or any other modifications made to the lists by or through the use of the Marketing Platform Provider services.
 
Free Trial:
The following terms and conditions apply to the Free Plan:
  1. Your Free Plan begins when you create your account;
  2. Free Plans have restrictions in place. You may not be allowed overage until you add a credit card to your account;
  3. Free Planaccounts have no cash value and are non-refundable and non-transferable. The Free Planis void where prohibited. The Free Planis subject to change and may be suspended or terminated by the Marketing Platform Provider at any time for any or no reason, and with or without notice.
 
Billing:
Each plan provides a certain number of credits per month and these credits may be expended on services including, but not limited to:
  1. Sending or receiving MMS/SMS messages;
  2. Sending or receiving Email messages;
  3. Hosting Video Content.
  4. Hosting Landing Pages
Each of the services provided by the Marketing Platform Provider requires a certain number of credits - some services may require fewer or more credits depending on the country in which the service is to be provided. If you use all the credits allotted to your account in any given billing period, any additional services used, including receiving, sending or creating messages, will incur additional overage fees. On each billing date, your account will be charged for the previous billing period's overage fees plus the next billing period's monthly payment. The Overage Fee is determined by the number of credits used over the allotted amount. Overage Fees are billed at the beginning of each billing cycle, and account for any overage accrued during the prior billing cycle.

If your account uses an excessive number of overage credits during your billing period, you will also be billed when your account crosses a balance threshold. Subject to Marketing Platform Provider approval, Account holders may elect to be billed once at the end of each month with an invoice rather than having the amounts deducted from their credit card. If the Marketing Platform Provider determines, at its sole discretion, to extend a line of credit to the account, the user's account will not be frozen for exceeding the maximum overage amounts during any billing cycle as long as the total owed is less than that line of credit. In the event that the Marketing Platform Provider chooses to extend a line of credit, the account will not be frozen as long as the total overage amounts in a billing period are less than the line of credit. Any overage incurred within that credit limit will not be charged immediately, but will be considered due immediately.
 
Credit Card Billing:
In order to use our Services, and/or activate your account, you maybe asked to provide us with a credit card number from a card issuer that we accept. We accept payment by credit card, including VISA, MasterCard, Discover and American Express.

By agreeing to the Marketing Platform Provider's Terms and Conditions you hereby authorize:
  1. the Marketing Platform Provider to charge your credit card for Monthly plans and overage fees; the Marketing Platform Provider to post recurring charges to your credit card monthly from the date of sign up until such time that you cancel your account or until you notify the Marketing Platform Provider of a billing change request;
  2. the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these Terms and Conditions are to be accepted as authorization to pay all such amounts;
  3. the Marketing Platform Provider and/or any other company acting as billing agent for the Marketing Platform Provider to attempt to charge all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. If charges cannot be processed through your credit card your account is subject to being disabled.
Moreover, you:
  1. agree to provide the Marketing Platform Provider with updated credit card information upon the Marketing Platform Provider's request and as necessary to ensure prompt and successful billing;
  2. acknowledge that neither the Marketing Platform Provider nor any affiliated company operating on behalf of the Marketing Platform Provider will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of such attempts to charge your credit card;
  3. acknowledge that, when removing credit card information from an account with a balance owed, the credit card being removed may be charged the remaining balance unless it is replaced by another valid credit card.
 
Invoice Billing:
The Marketing Platform Provider may, at its discretion, allow invoice billing on select accounts. If you are eligible for, and choose to accept, the invoice billing system, you authorize the Marketing Platform Provider to add any charges incurred by your account to an invoice to be paid within 30 days of receiving the invoice. The Marketing Platform Provider may extend the grace period on the invoice at its sole discretion.
 
Pre-Paid Billing:
Clients may choose pre-paid billing as an alternative to Credit Card or Invoice billing. Pre-Paid billing clients are ineligible for a line of credit. Pre-paid billing allows the client to pay for desired services before use, and as such, if the client uses services totaling the amount pre-paid, the clients account will be frozen until an additional pre-payment is made.
 
Line of Credit:
The Marketing Platform Provider may, in its sole discretion, choose to extend a line of credit to a credit-worthy client. A client with a line of credit may incur charges which are not or cannot be paid during that billing period up to the maximum limit of the line of credit without having the client's account frozen. Such charges are considered owed immediately and are due at the conclusion of that billing period. This system was created for the benefit of our clients, and no interest is accrued automatically on debt until it is past due.
 
Late Payment & Failure to Pay:
The Marketing Platform Provider may suspend or terminate Service if your payment is past due. In the event you fail to pay or the Marketing Platform Provider is unable to bill charges to your credit card, the Marketing Platform Provider may assign unpaid late balances to a collection agency. In the event legal action is required to recover unpaid amounts, you agree to reimburse the Marketing Platform Provider for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
 
Automatic Account Renewal:
In order to ensure uninterrupted service, accounts are automatically renewed at the end of each monthly Billing Cycle and the Account Holder is subsequently charged the next months account fee as well as any overage from the previous month. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected.
 
SMS/MMS Keywords:
SMS Keywords are issued on a first come, first serve basis and shall remain exclusive to the Account Holder while the keycode is in active use. If a Keyword remains inactive following the allotted time period (60-90 days), that Keyword will be removed from the account and made available to others. The Marketing Platform Provider owns and retains all rights to all keycodes used on the Service. All Keywords are subject to immediate forfeiture in the event of trademark infringement.
 
Credits:
All purchases of Credits are final and all Credits are non-transferrable. All Credits expire without refund upon any of the following events:
  1. your Account becomes inactive;
  2. your Account is terminated for cause; or
  3. you intentionally elect to close your Account.
 
Active Accounts:
To maintain an active Account, you must simply log onto the Site with your username and password ("Log-on") at least once during a consecutive 12 month period.
 
Refunds:
When sending Content using your Credits, upon confirmation that the Content has been delivered to the carriers it will be considered successfully delivered and Credits will be deducted from your account accordingly. In some cases, even though the Content is delivered to the Carriers, it may not reach its Subscriber as intended due to factors out of our control. We will not refund Credits except at our sole discretion. In the event that a refund is issued, ALL refunds will be made by crediting the credit card that was used to make the original purchase. NO refunds will be made by cash or check.
 
Passwords:
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities and liabilities that occur under your account. You agree to notify customer support immediately of any unauthorized use of your account or any other breach of security. The Marketing Platform Provider will not be liable for any loss that you may incur as a result of unauthorized use of your password or account, either with or without your knowledge. You are responsible for any liabilities due to the unauthorized use of your account. If you have forgotten your password or want to change your password for any reason, you may request to reset your password online. It is your responsibility to notify the Marketing Platform Provider immediately if your contact information changes.
 
Barcode Services:
The Marketing Platform Provider services include the ability to create 2d barcodes for both electronic distribution through email and to mobile devices as well as 2d barcodes intended for print applications. These barcodes can be general use or assigned to specific end users, mobile numbers or email addresses for tracking and other purposes.

By availing yourself of any of the Marketing Platform Provider barcode-related services, you hereby warrant that:
  1. You will accurately represent the information contained in the barcode to the end user, whether it be a URL or any other information, and you will not attempt to mislead any end users as to the origin, function, contents or implications of any barcodes used;
  2. You will clearly indicate if the use of said barcodes by an end user will constitute implied consent to receive further communications from you.
 
Databases and Datasets:
By using the database and dataset services, you hereby agree to indemnify and hold harmless the Marketing Platform Provider of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, to the extent caused by or arising out of or relating to your use of the services. You further warrant that:
  1. You will not include end user contact information in the databases or datasets which would violate any applicable rules, regulations or laws;
  2. The content and integrity of your databases and datasets are your responsibility, solely, and The Marketing Platform Provider is not liable for any misuse or loss of data contained therein;
The unique identification strings for transactional barcodes such as coupons and tickets are stored in the barcode database. Ticket or coupon IDs are assigned to a particular email address or phone number prior, during or after delivery. Always back up your datasets and the content of your database. The Marketing Platform Provider is not responsible for lost or missing data. You are responsible for assigning ticket or coupon ids to intended recipients. The Marketing Platform Provider is not liable for database information entered incorrectly or mistakenly. Further, The Marketing Platform Provider is not responsible for failed delivery, misdelivery, or duplicate delivery of tickets and coupons.
 
Video Hosting:
The Marketing Platform Provider is not responsible for the content of any videos you upload to or through any the Marketing Platform Provider Services. Likewise, the Marketing Platform Provider is not liable for any claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs resulting from your use of third-party intellectual property. The Marketing Platform Provider is not liable for any data lost during the upload or download of any video content. It is the account holder's responsibility to maintain backup copies of all files used in the Marketing Platform Provider services.

By uploading a video, you warrant that:
  1. You have sufficient rights in and to the content to upload and distribute the content to end users;
  2. The video does not contain any third-party intellectual property that you do not have sufficient rights to use;
  3. The video does not contain any defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity.
 
Email Campaign:
The Marketing Platform Provider does not guarantee that any message sent through its services will reach its intended destination and, likewise, the Marketing Platform Provider is not liable for any loss or damages incurred as a result of a undelivered message. The Marketing Platform Provider is not responsible for any data lost through the importing or exporting user lists, or the loss of any data resulting from the use of the Marketing Platform Provider services. Furthermore, the Marketing Platform Provider is not liable for any cause of action arising from your use of third-party intellectual property, whether it be the content of a message sent, a video hosted, recipient contact information or any other intellectual property. You are solely responsible for the content of the messages you send and for any violations of applicable law that result from the sending of said messages. By using the services, you hereby agree to indemnify and hold harmless the Marketing Platform Provider of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, to the extent caused by or arising out of or relating to your use of the services. The Marketing Platform Provider will provide a prominently-displayed and working unsubscribe link appended to all email messages sent using the Marketing Platform Provider services, as required by the CAN-SPAM Act of 2003;

By availing yourself of the Email marketing services, you hereby agree and warrant that:
  1. You recognize that you are solely responsible for any violations of CAN-SPAM Act of 2003, the Telephone Consumer Protection Act of 1991, or any other applicable laws or regulations resulting from your use of your Account.
  2. You will provide your valid and accurate physical address in your account registration information to be automatically appended and prominently displayed in all email messages sent to end-users using the Marketing Platform Provider Services, as required by the CAN-SPAM Act of 2003;
  3. You have adequate rights to or in the content of any email messages sent and the content of any email messages sent is not the intellectual property of any third-party, or is used with permission of the owner or through a license;
  4. The Marketing Platform Provider is not responsible for the loss of any data whatsoever- you are responsible for creating, maintaining and updating any data, lists and backups associated with your account;
  5. You will not use the Marketing Platform Provider services to "spam" any person, business or other entity;
  6. You will clearly and conspicuously identify all commercial email messages, as defined by CAN-SPAM 2003, as being commercial in nature;
  7. You will not attempt to mislead end users about the nature of the messages, your identity, the origin of the message, the message routing information, or any other information;
  8. You will not use deceptive or misleading subject lines for the emails.
 
MMS/SMS Services:
By availing yourself of the MMS or SMS messaging services, you hereby:

  1. Acknowledge that it is the responsibility of you, the account holder, to ensure that any recipients of SMS or MMS messages have either affirmatively opted in, or that you have some other legitimate and legally acceptable justification for sending the message, such as an "implied opt-in";
  2. You will not use the Marketing Platform Provider services to send messages to any email addresses that corresponds to or represents any mobile device or number that has not 'opted-in' to receive such communications, in violation of the Telephone Consumer Protection Act of 1991;
  3. You will not use the Marketing Platform Provider services to promote, advertise or operate any sweepstakes, lotteries or contests without prior approval from the Marketing Platform Provider;
  4. Agree that if a user 'opts-out' you will promptly remove said user's mobile number(s) from your lists, datasets, and databases;
  5. Aver that you have adequate rights to or in the content of any messages sent and that the content of any messages sent is not the intellectual property of any third-party, or is used with permission of owner or through a valid license agreement;
  6. Agree to indemnify and hold harmless the Marketing Platform Provider of and from any and all claims, demands, losses, causes of action, damages, lawsuits, judgments, including attorneys' fees and costs, to the extent caused by or arising out of or relating to your use of the services;
  7. Agree to include "Reply STOP to opt-out" in each message sent from a campaign with recurring messages.
  8. Agree to provide the following to end users in your opt-in confirmation message for recurring message campaigns:
    1. Name;
    2. Frequency of the messages;
    3. Instructions for opt-out and help.

End users may opt-in to SMS or MMS campaigns by either affirmative opt-in through SMS or MMS message to a short code or by entering their mobile number on a web page.
 
MMS MO Terms and Conditions:
Skycore provides two types of Multimedia Messaging Service Mobile Originated (MMS MO) campaign services, Shared MMS MO Campaigns and Dedicated MMS MO Campaigns, to assist you in launching a mobile marketing campaign for your business
SHARED MMS MO CAMPAIGN
All Shared MMS MO campaigns are subject to approval by the Marketing Platform Provider. An MMS MO keyword will be assigned to your account forvthe duration of your MMS MO campaign. Using this keyword on a shared short code, incoming MMS messages will be routed to your account. You are responsible for all charges for incoming messages associated with your campaign whether intentional or not. You are required to send a response message to any subscriber who has submitted a message to you. You are responsible for response messages during your campaign and after it has ended, informing the user that the offer has expired.
  • Campaign Approval
  • All Shared MMS MO campaigns are subject to approval by Skycore. Skycore will make a good faith effort to ensure that your campaign conforms with consumers best practices and complies with the rules and regulations stipulated by the Common Short Code Association, the Canadian Wireless Telecommunications Association, or the governing authority for the country in which your common short code is provisioned. Nonetheless, Skycore reserves the right to prohibit your campaign for any reason whatsoever.
 
Additional Terms and Conditions
 
Disputes and Termination:
The Marketing Platform Provider may terminate or disable your Account or put your account on inactive status, at any time with or without cause. If your account is as terminated or inactive for over 120 days without any disputes, the Marketing Platform Provider may free up storage capacity by deleting your Account data

You understand and agree that thecancellation of your account is your sole right and remedy with respect to any dispute with the Marketing Platform Provider. You may terminate your Account at any time by calling customer support. You are liable for charges incurred until Account termination has been confirmed and processed. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND THE MARKETING PLATFORM PROVIDER IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.
 
General Disclaimers:
OUR SITE AND ANY SOFTWARE ACCESSIBLE THEREIN ARE PROVIDED TO YOU ON AN "AS IS" BASIS. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.

The Marketing Platform Provider assumes no responsibility for the timeliness, deletion and/or misdelivery of any communication(s) or message. Furthermore we make no representations that messages and content can be terminated to handsets through a particular operator in a particular country, even if listed on the Site as supported. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Marketing Platform Provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
 
Limitation of Liability:
The Marketing Platform Provider is not liable to you for any direct, incidental, consequential, indirect or punitive damages that result from your use of the Service. By availing yourself of the Site, and related Services, you agree to release and hold the Marketing Platform Provider and its employees, officers, directors, shareholders, agents, representatives, affiliates and subsidiaries harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Site and related Services, including but not limited to:
  1. telephone, mobile phone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind;
  2. failed, incomplete, garbled or delayed computer or telecommunication transmissions;
  3. any disruption or corruption of the Site or related Services;
  4. any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Site and or related Services, including the potential for malicious software or viruses to be covertly attached to content, messaging or other Services by third parties;
  5. any printing or typographical errors in any material associated with the Site and related Services;
  6. any Content posted, offered, delivered or sold by you for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter;
  7. Any injuries, losses or damages of any kind arising in connection to or as a result of your violation of any rules, regulations or laws, including but not limited to the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act of 1991 (TCPA), or the Children's Online Privacy Protection Act.
 
Indemnification:
By registering an Account and offering Services through the Site you agree to hold harmless, indemnify and defend the Marketing Platform Provider against any third-party claims for damages, losses, costs or otherwise, including reasonable attorneys' fees, arising in any manner whatsoever from your use of the Site or your breach of any of these Terms and Conditions. Your obligation to hold harmless, indemnify and defend the Marketing Platform Provider as set forth in this paragraph shall survive the termination of this agreement.
 
Additional Terms:
This agreement is governed by the laws of the State of Massachusetts without giving effect to any principles of conflicts of law. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
 
Notice of Alleged Copyright Infringement:
If you believe that material posted on the Site infringes upon your intellectual property rights:

Click here to initiate the DMCA procedure.
 
Contacting the Marketing Platform Provider:
If you have any questions about the Terms and Conditions or Privacy Policy, you may contact the Marketing Platform Provider in writing at: Skycore, LLC., 214 Lincoln St., Suite 360, Allston, Massachusetts, 02134
 
Changes to this Agreement:
The Marketing Platform Provider reserves the right to change features or pricing at any time, with or without prior notice. When possible, at least thirty (30) days' prior notice of any such change will be provided unless otherwise required by law. Your continued use of our services after receipt of such notice constitutes your acceptance of such changes.
 
 
Privacy Policy
 
Information Collection and Use
Registration
In order to use this Web service, you must first complete the registration form and create a user name and password. During registration you are required to give contact information such as your name and email address. We use this information to contact you about the services on our site in which you have expressed interest. You have the option to provide demographic information to us; we encourage you to submit this information so we can provide you with a more personalized experience on our site.

Skycore, LLC. (“Skycore”) is the sole owner of the information collected on the Site. Skycore collects personally identifiable information from our users at several different points on our Web service. We do not sell individual information about our visitors . And, we will not disclose the individual information provided to us on-line to anyone outside of Skycore unless you specifically authorize it, it is required by law, or disclosure is necessary to protect the safety of customers, employees or property.
Orders
If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email and billing address) and financial information (such as credit card information). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
 
Communications from this Site
Email
Skycore does not send unsolicited "junk" email (spam). We may use email to communicate with our customers, to respond to visitors' emails, to confirm orders placed online, and to send information that a visitor has requested.
Service-Related Announcements
We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
Customer Service
Based upon the information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.
Profile
We store information that we collect to create a "profile" of your preferences. We tie your personally identifiable information and your purchasing history to information in the profile. If you choose to participate in advertisement driven services or surveys conducted on our site, we may share your profile in aggregate form only with other third parties. We do not share your personally identifiable information with other third parties.
 
Information Sharing and Disclosure
Aggregate Information (non-personally identifiable)
We share aggregated demographic information about our user base and/or survey participants with our sponsors and advertisers. This information does not identify individual users. We share the results of surveys conducted on our site with our advertisers and sponsors so that they may tailor the advertising and promotions offered through our site. We do not provide linked aggregate user data with personally identifiable information.
Legal Disclaimer
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on Skycore or our Web site.
 
Choice/Opt-Out
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by unchecking it inside of the Profile Page.
 
Log Files
As is true of most Web sites, we gather information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole.
 
Cookies
Skycore's Web site also uses "cookies" which are small text files that are stored on a user's computer for record-keeping purposes. When you use our site we send information, a cookie, to your computer and it is stored there. When you return to our site, your computer sends a cookie back to us to allow our server to recognize your computer and any settings you created on our site. The cookie restores those settings so you do not have to enter the same information every time you visit. The fact that our server recognizes your computer when it retrieves cookies does not mean that Skycore is actually acquiring information about you. You can set your browser to delete cookies or to tell you before you accept one. If you reject cookies, you may or may not still be able to use the site.
 
Links to Other Sites
This Web site may contain links to other sites that are not owned or controlled by Skycore. This privacy statement applies only to information collected by this Web site.
 
Changing Personal Information
You may access, correct, update, change, delete or deactivate the information you have provided to Skycore by making the appropriate changes on the Profile page.
 
Security
The security of your personal information is important to us. When you enter sensitive information, such as credit card information, on our registration or order forms, we encrypt that information using secret socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
 
Changes to this Privacy Statement
Skycore will post any material changes to this privacy statement here and any other places we deem appropriate at least 30 days before such changes become effective. We reserve the right to modify this privacy statement at any time, so please review it frequently.
 
Contact Us
If you have any questions concerning our privacy policy, please contact us at: privacy@skycore.com.