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IMPORTANT
– READ CAREFULLY. This Cherple™ Privacy
& Code of Conduct Statement (this “Statement”)
is provided to you, the user (“User”) from
Globaltel Media, Inc. (“GTM”). Cherple™
is one of several communication services (“Services”)
offered by GTM.
1. PRIVACY
It is GTM's policy to respect
the privacy of the User. GTM will not monitor or edit
any personal information about the User or the User's
GTM account, including its contents, unless GTM has
a good faith belief that such action is necessary to:
(1) conform to legal requirements or comply with legal
process; (2) protect and defend the rights or property
of GTM; (3) enforce this Statement or protect GTM's
business or reputation, including without limitation
upon termination, cancellation or suspension of this
Statement by GTM; (4) respond to request for identification
in connection with claim of copyright or trademark infringement
by the User, or a claim by a third party that the User
is using the Service in connection with an infringing,
illegal or improper activity; or (5) act to protect
the interests of the User or others. GTM's service transmits
the User name and/or mobile telephone number with each
message that the User sends or receives.
The User
agrees that GTM may access its account, including its
contents, as stated above or to respond to service,
business or technical issues.
2. MOBILE
ORIGINATED AND TERMINATED SERVICES
GTM offers Mobile Originated
(“MO”) and Mobile Terminated (“MT”)
service. This is subject to change and can be confirmed
with GTM from time to time.
GTM will collect MO and
MT messages and pass these to and from the User in the
methods determined solely by GTM. The User will be responsible
for content of the service, as well as the cost of any
and all bearer charges to provide the content to the
end-client.
The User
shall not use, or knowingly allow others to use the
lines for any purpose, which in GTM's opinion is improper,
immoral or unlawful.
The User
will not act, or omit to act, in any way likely to injure
or damage any person, property or the GTM gateway or
cause the quality of the lines or GTM's service in general
to be impaired or interrupted in any manner whatsoever.
GTM shall
be entitled, at any time, and without liability to the
User or any third party, to modify, expand, improve,
maintain or repair the GTM service or the number ranges,
notwithstanding that this may require suspending the
operation of the GTM service. GTM shall use its reasonable
efforts to provide the User with advance notice of any
such suspension and to minimize the duration thereof
in so far as this is reasonably practical.
The User
warrants that its use of the Services will not contravene
any laws or regulations of the United States and in
particular any laws relating to privacy, spamming, gaming
and gambling and the User indemnifies, holds harmless
and shall defend GTM against any claim, action or damage
suffered or incurred by GTM as a result of a breach
by the User of this warranty.
PLEASE
NOTE: In order to ensure that GTM complies with industry
codes of conduct, Users are obliged to route all MO
and MT messages related or associated directly or indirectly
with any GTM hosted short code via GTM's messaging gateway.
This will enable GTM to ensure that all short code-messaging
services offer the required confirmation messages as
stipulated by the various codes of practice and that
such messages can be validated as having been submitted.
GTM shall be entitled to immediately terminate the User's
services if the User does not comply with the provisions
of this clause, without any liability to the User or
any third party.
3. CONDUCT
Any unauthorized commercial
use of the Service, is expressly prohibited. The User
agrees to abide by all applicable local and national
laws and regulations and is solely responsible for all
acts or omissions that occur under its account or password,
including the content of any transmissions through the
Service. By way of example, and not as a limitation,
the User agrees not to:
i. Use
the Service in connection with junk SMS messages, spamming
or any unsolicited messages (commercial or otherwise);
ii. Harvest
or otherwise collect information about others, including
email addresses, without their consent;
iii. Create
a false identity mobile phone address or header, or
otherwise attempt to mislead others as to the identity
of the sender or the origin of the message;
iv. Transmit
through the Service, associate with the Service or publishing
with the Service unlawful, harassing, libelous, abusive,
threatening, and harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature;
v. Transmit
any material that may infringe the intellectual property
rights or other rights of third parties, including trademark,
copyright or right of publicity;
vi. Libel,
defame or slander any person, or infringe upon any person's
privacy rights;
vii. Transmit
any material that contains viruses, Trojan horses, worms,
time bombs, cancelbots, or any other harmful or deleterious
programs;
viii.
Interfere with or disrupt networks connected to the
Service or violate the regulations, policies or procedures
of such networks;
ix. Attempt
to gain unauthorized access to the Service, other accounts,
computer systems or networks connected to the Service,
through password mining or any other means;
x. Interfere
with another User's use and enjoyment of the Service
or another entity's use and enjoyment of similar services;
or
xi. Engage
in any other activity that GTM believes could subject
it to criminal liability or civil penalty or judgment.
4. MODIFICATION
OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION
Modification of Terms:
GTM frequently updates, modifies, and otherwise continually
seeks to improve the GTM Services and products. Such
changes often dictate that GTM simultaneously modify
GTM's Terms and Conditions of Use. As such, GTM shall
have the right to modify the terms of this Statement
and to change or discontinue any aspect or feature of
the GTM Service, in either case, as it deems reasonably
necessary. Such changes shall be effective immediately
upon posting of such addition, change, or deletion.
Any use by the User of the Service after any such change
has been posted, shall constitute the acceptance of
any such changes. If the User does not agree with any
such changes, the Service may be canceled in accordance
with the procedures for cancellation set forth in this
Statement. The User acknowledges its responsibility
to review this Statement from time to time and to be
aware of any such changes.
Termination,
Cancellation and/or Suspension by GTM; Disclosure of
Information: This Statement may be terminated, canceled
and/or suspended by GTM at any time if, in GTM's sole
discretion, the User breaches these Terms of Service.
Such termination, cancellation and/or suspension by
GTM shall be effective immediately upon notification
by GTM to the User in any reasonable manner, including
but not limited to, notification by e-mail or text.
Upon, during, and/or after any such breach, GTM may
elect to suspend, terminate and/or cancel this Statement
and/or recover any and all damages from the User arising
from or relating to the event(s) giving rise to the
suspension, termination or cancellation. GTM reserves
the right to suspend the User's service at any stage
for any reason it may deem necessary to continue to
provide any of its services in a way that may be hindered
by the User's status as being a GTM client or the content
of the messages originating from the User.
In
the event that GTM receives complaints from recipients
or third parties with respect to the use of the Service,
GTM additionally reserves the right, in its sole discretion,
to disclose any and all information to the recipient,
applicable authorities or any other party with regard
to its clients and application Users.
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