2CAST TERMS AND CONDITIONS
Before you use this site, please read these Terms of Service carefully as they govern your use of the services provided at 2cast and 2cast Query Service (the “Services”). By using the Services you agree to the Terms of Service set forth below as they may be updated from time to time by 2cast, Inc. (“2cast”). 2cast may modify or terminate the Services from time to time, for any reason, and without notice, without liability to you, any other user or any third party, provided that when 2cast does so, it will update these Terms of Service. You are advised to periodically check the website for changes in the Terms of Service.
- How to Opt-in: To opt-in or subscribe to our service, you text a keyword that you see on any advertisement/store display to 74747. You will receive an opt-in message asking you to reply ‘Y’ for more messages in the future from the store. You will be told how many messages a month you can expect from the Store if you reply ‘Y’ and opt-in.
- How to Opt-out: To opt-out from our SMS service, you can text “STOP” to 74747 from your mobile phone and we will unsubscribe you from our SMS text messaging service immediately. You will not receive any additional messages until you re-register on our website or opt-in again via the phone.
- How to get help or support: To get help, email us at support at 2cast.net, or call our toll free number at 1-877-31-2CAST (1-877-312-2278). From your mobile phone, you may request our contact information at any time by texting “HELP” to 74747
- Our supported carriers include: T-Mobile, Cincinnati Bell, AT&T, Interop, ACG, U.S. Cellular, Sprint, Boost, Virgin, Verizon, Get Lisa
1. Purpose and Description of Services
2cast provides users with a means of publishing information that can be retrieved from mobile phones and the Internet. To use our Services, you select a unique keyword. The use of such keyword in the 2cast service does not grant you ownership of such keyword. 2cast retains ownership of all keywords in its service and provides it to you for the period of time agreed upon, and paid for when joining service. 2cast may determine, in its sole discretion, to limit the use of the Services, add data storage limitations, change fees for the Services or otherwise modify the Services in the future. You acknowledge and agree that these changes may take place and that 2cast shall have no liability stemming from such changes.
Any additions or modifications to the Services shall be in the sole discretion of 2cast and will be subject to these Terms of Service. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services – including, but not limited to, standard text messaging charges that will depend on the plan that you have with your wireless carrier. 2cast uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of 2cast. By using the Services you agree that 2cast shall not be liable to you for any modification, suspension or discontinuance of the Services.
All materials displayed on the Site including, but not limited to text, graphics, news articles, charts, presentations, User communications photographs, images and illustrations, shall be referred to herein as “Content.” 2cast attempts to maintain a website that is absent of offensive, indecent or objectionable Content. You understand that by using 2cast, you may be exposed to this Content. Under no circumstances will 2cast be liable in any way for any Content, including, but not limited to, the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via 2cast.
2cast offers the following Opt-Ins to the Services
- 2cast : opt-in informational service- Text 2CAST to 74747 (1msg/query)
- Options: pregnancy counseling information- Text OPTIONS to 74747 (1msg/query)
- Josh: teen & parenting information- Text JOSH to 74747 (1msg/query)
- ARC (Addiction Recovery Center): behavioral modification messages sent to addicts- Text ARC to 74747 (1msg/query)
- VCC (Venture Christian Church): informational texts- Text VCC to 74747 (1msg/query)
- TPU (Tacoma Public Utilities): Notice of pending power outages, alert notices of estimated power restoration, etc. – Text TPU to 74747 (1msg/query)
*Msg&Data rates may apply. Text HELP to 74747 for help. Text STOP to 74747 to cancel at any time.
2. Restrictions on the use of the Services
By using the Services you agree that you will not:
(a) Use the Services for any illegal purpose; (b) Upload, email or otherwise transmit any User Content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable. (c) Upload, email or otherwise transmit any User Content that you do not have the lawful right to transmit (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Content that infringes the intellectual or proprietary rights of any third party; or (d) Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
2cast reserves the right at all times to terminate your account, and delete any and all Content at, in whole or in part, for any reason including, but not limited to, violations of these Terms of Service. If you do violate these Terms of Service, 2cast reserves the right to share any information with any third party. In addition, 2cast reserves the right at all times to disclose any User Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.
3. Age Requirements and Limitations on Use of Services
Users of the Services must be at least 18 years of age. However, if you are at least 13 years old but not yet 18, you may use the Services if — and only if — you have your parents’ or guardians’ prior permission. No one under age 13 may use the Services under any circumstances. Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by 2cast. If 2cast determines that it has collected personal information of children under the age of 13, 2cast will immediately delete such information.
4. Trademarks and Copyrights
All trademarks, brands and service marks used in conjunction with the Services by 2cast shall be the property of 2cast. 2cast shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form, except as it relates to the personal use of the Services. This license does not apply to any third party content stored at 2cast. Permission for use of such content must be obtained from the copyright owner. 2cast claims no ownership interest in the User Content.
User Content means any Content created or contributed to the Site by any user of the Services. You acknowledge and agree that if you contribute any User Content, including any widgets, you grant to 2cast a perpetual, non exclusive worldwide, royalty-free, transferable right and license to use in any way such User Content (including all related intellectual property rights) to provide the Services.
5. Copyright Infringement
2cast respects the intellectual property rights of others. However, you agree that 2cast is not responsible for any violations of any intellectual property rights in any User Content. If you believe that your intellectual property rights have been infringed by another party please contact 2cast via the email address: support at 2cast.com
6. Disclaimer of Warranty and Limitations of Liability
2cast expressly disclaims any responsibility or liability for the use of the Services by you.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL 2cast BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF 2cast HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to defend, indemnify, and hold harmless 2cast and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney’s fees, that arise from (i) use or misuse of the Services or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). 2cast reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with 2cast and its counsel in the conduct of such defense.
8. Forum and Choice of Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the federal courts located in the State of California, or state courts located in the county of Santa Clara and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
9. Entire Agreement
These Terms of Service constitute the entire agreement between the you, the user, and 2cast with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between 2cast and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable.
“Personal Information” is information about you that is personally identifiable to you like your name, address, e-mail address, or phone number, the messages you send through the Services, as well as other non-public information that is associated with the foregoing. We may also ask for your gender, carrier service provider and/or zip code.
Information Collection and Use
When using 2cast Services, you are not anonymous to us. When using the text messaging service, 2cast collects your name and phone number. When you register on the 2cast website, 2cast collects your name, email address, phone number and password. 2cast collects information about your usage of our text messaging and web services. 2cast automatically receives and records information on our server logs from your browser, including your IP address, 2cast cookie information, and the page you request.
2cast uses Personal Information for the following general purposes: to customize the content you see, provide you with personalized services, improve the services, contact you, conduct research, and provide anonymous reporting for internal and external stores.
Each message that you send through the Services is stored on our servers. We retain these messages on our servers.
Children should not submit any Personal Information without the permission of their parents or guardians. By using the service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents’ permission to use the service.
Our Disclosure of Your Information
2cast does not rent, sell, or share Personal Information about you with other people or non-affiliated companies without your explicit consent except under the following circumstances:
- We provide the Personal Information to trusted partners who work on behalf of or with 2cast under confidentiality agreements.
- We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- We transfer Personal Information about you if 2cast is, or its assets are, acquired by or merged with another company.
- We reserve the right to send you certain communications relating to the 2cast service, such as service announcements and administrative messages that are considered part of your 2cast account, without offering you the opportunity to opt-out of receiving them.
- Accessing, Reviewing and Changing Your Personal Information
- You can edit your 2cast account information at any time via the 2cast website.
TextSpecial Coupons and Other Information from Stores
When you sign up to receive TextSpecials and other information from one of participating Stores, the settings default to your having opted-in to receive newsletters, sign up for contests, or receive additional information directly from that store as well. If you do not choose to opt-out from receiving such additional content directly from the store, you grant us permission to share your Personal Information and General Information with them for that purpose. You may opt-out by logging on to 2cast.net and going to “Profile”. Even if you elect not to receive such additional content directly from our stores, it is generally necessary for us to share portions of your Personal Information and/or General Information with such Stores to the extent necessary to provide you with the alerts and other information you have requested. By not opting in to receiving additional content directly from a Store, or from receiving alerts or other information from one of our Stores, you acknowledge and agree that 2cast, Inc. is not responsible, and shall not be liable, for the practices of any Store or any use such Store may make of your Personal Information or General Information. If you do not want us to share your data with the store, you should opt-out from receiving additional content, alerts and other information from such a Store.
2cast provides the ability to block messages from a store with the “STOP storecode” command. Please report any spam or other abuse to firstname.lastname@example.org. In the event that you elect to no longer any messages from any user of the 2cast service, you may reply “STOP ALL” to any 2cast message.
2cast takes precautions to ensure the security of your Personal Information. However, we cannot guarantee that hackers or unauthorized personnel may gain access to your Personal Information despite our efforts.
2cast may update this policy. We will notify you about significant changes in the way we treat Personal Information by placing a prominent notice on our site.
Questions and Suggestions: If you have questions or suggestions, please send email to email@example.com.