Text marketing | Text Message Marketing |SMS marketing terms of use.

I agree that I have read the following terms and conditions that govern the website for GrahamWatts.me. Reading this message constitutes an agreement to comply with said terms and conditions. grahamwatts.me is the property of Starburst Communications Inc. and the use of its services is available to anyone in the Canada or United States on the stipulation that they abide by the Terms and Conditions governing this Service.

  1. This is an agreement relating to your use of the Starburst Communications Inc. website (graham watts.me) between you and Starburst Communications Inc. The agreement consists of the Starburst Communications Inc. Privacy Policy and the following terms and conditions. Use of the Starburst Communications Inc. website (grahamwatts.me) message delivery system constitutes consent to all terms and conditions as outlined below.

Starburst Communications Inc. is a text marketing / text message marketing / sms marketing / MMS marketing and technology product based on core technology, which is a unified mobile messaging platform that enables clients of Starburst Communications Inc. to send and receive communications with their customers via SMS. By using Starburst Communications Inc. products and services, you and Starburst Communications Inc. have agreed to the following stipulations:

Mobile Terms of Service

Shortcode: Your mobile messaging program will make use of a Starburst Communications Inc.-provisioned shortcode, unless otherwise stipulated in writing. For all questions about the services provided by this short code, you can send an email to gw@grahamwatts.me.
Charges: Standard message and data rates may apply any user sending or receiving SMS messages.

STOP: You can cancel the SMS service at any time. Just text “STOP” to 604.200.0079 or 71441. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. To unsubscribe from a particular textword, text “STOP” and the textword to 604.200.0079 or 71441. We will send you an SMS message to confirm that you have been unsubscribed from that list. Text “STOP ALL” to 604.200.0079 or 71441 to remove your number from any and all text messages and/or MMS messages coming from 604.200.0079 or 71441. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

HELP: If at any time you forget what keywords are supported, just text “HELP” to 604.200.0079 or 71441. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
SMS Coverage: SMS coverage for Starburst Communications Inc. is supplied by a constantly growing number of wireless carrier networks. Contact Starburst Communications website (grahamwatts.me) via gw@grahamwatts.me to receive updated information regarding carriers that currently support SMS through Starburst Communications Inc. Starburst Communications Inc. currently supports coverage in Canada the United States.

Customer & Technical Support: Customer and Technical Support for Starburst Communications Inc. may be contacted during normal business hours. Normal business hours are defined as 8am to 5pm Pacific Standard Time, Monday through Friday. Starburst Communications support staff will handle any calls made on holidays or outside normal business hours on the following day.
Incorporation of MMA Guidelines: All parties agree to adhere to current text marketing / text message marketing / sms marketing Association’s “Canadian Wireless Telecommunications Association (CWTA)” and “U.S. Consumer Best Practices Guidelines” (“MMA Guidelines”). These guidelines can be found at http://mmaglobal.com/policies/consumer-best-practices. The terms of this document shall prevail in the event of a conflict between the MMA Guidelines and the terms of this document.
In the event of a conflict between terms in this document and the MMA Guidelines, this document shall prevail.
Content: The term “Content” refers to the data you are asking Starburst Communications Inc. to store, process, or transmit to end users. You represent the following:

1) You own and/or have licensed the rights and necessary clearances to distribute the content to mobile devices (and, optionally, any other means of viewing content that has been mutually agreed on). The Content does not violate the rights of any entity protected by intellectual property legislation or similar laws or regulations.
2) All Content is consistent with standards imposed by mobile carriers and aggregators; specifically, the Content is not libelous, defamatory, inaccurate, sexually explicit, unlawful, obscene, false, misleading, racially or ethnically offensive, or objectionable.
3) The Content adheres to the current text marketing / text message marketing / sms marketing Association “U.S. Consumer Best Practices Guidelines”. Said guidelines can be viewed at http://mmaglobal.com/policies/consumer-best-practices.
4) The Content (including storage, delivery, and transmission) does not violate any laws or regulations in Canada, British Columbia, your home jurisdiction(s), or any other jurisdiction where the Content is stored, delivered, or transmitted.

Starburst Communications Inc. reserves the right to delete or refuse to transmit any Content that, in its opinion, violates any of the above stipulations. In the event that Starburst Communications Inc. deletes or refuses to transmit Content, the company will contact you to inform you of the problem. Starburst Communications Inc. will work with you to complete the campaign.
You permit Starburst Communications website (grahamwatts.me) to alter and encode the Content into other formats, store it, and transmit it via third parties to mobile devices (and, optionally, any other means of viewing the content that is mutually agreed on)..
Campaigns: Starburst Communications Inc. may refuse, suspend, terminate any campaign that, in its opinion, is not in compliance with the then-current MMA guidelines or that violates any applicable law or regulation.

Mobile Phone Numbers Provided To Us:

By providing mobile phone numbers for use on the Starburst Communications Inc. platform, you represent that:
1) You are in compliance with MMA Guidelines.

2) Starburst Communications website (grahamwatts.me)’s delivery of messages to the numbers provided will not violate MMA Guidelines.
3) Transmission of messages to those phone numbers does not violate any applicable laws or regulations.
Reporting: Receiving access to Starburst Communications messaging platform will confirm the start of the campaign and provide proof of performance.

Service Level and Third Party Reliance: Uptime for Starburst Communications messaging platform is 99.8%. Starburst Communications Inc., however, relies on many external suppliers in order to transmit messages to and from mobile devices. These suppliers include, but are not limited to, intermediary aggregators between Starburst Communications Inc. and mobile carriers, mobile carriers themselves, server hosting companies, Internet service providers, and others. Any failure on the part of any outside parties that results in message delay or failure falls under the definition of “Force Majeure” as described below.

Force Majeure

General. Excluding payment obligations, neither party will liable for default or delay of obligations under the terms outlined in this document if any such default or delay results from conditions beyond the reasonable control of either party. Such conditions include, but are not limited to, earthquakes, flood, fire, accident, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes (“Force Majeure event”). If Starburst Communications Inc. suffers such default or delay, it will make reasonable efforts within five (5) business days to recommend a substitute transmission for the time period of the original transmission. If the Client is not reasonably satisfied with such substitute transmission, Starburst Communications Inc. will allow Client a prorated reduction in services in the amount of money allotted to time, space, and/or program charges at the time of purchase. In addition, all parties will retain the benefit of the same discounts that would have been earned had there been no delay or default.

Payment: If Client’s ability to transfer funds to third parties has been negatively impacted by an event outside the reasonable control of Client, Client will make all reasonable efforts to make payments in a timely manner to Starburst Communications Inc.. Events outside the control of Client include, but are not limited to, failure of banking clearing systems or a state of emergency. Delays caused by aforementioned conditions will be excused for the duration of such condition. Excuse for delays caused by events beyond reasonable control of Client will not relieve any financial obligations of Client that would have been due and paid without such conditions.
4’s/IAB Standard Terms and Conditions Version 3.0

Cancellation: Either party may cancel the remainder of the IO without penalty in the event that Force Majeure continues for five (5) consecutive business days.

Additional Indemnification: You agree that Starburst Communications Inc. and its affiliates and subsidiaries will be indemnified harmless against any losses, damages, or expenses (including reasonable legal fees and disbursements) arising from or relating to any claims, actions, or other proceedings brought on by or on behalf of any third party if said claims result from your acts or omissions in connection with any service offered by Starburst Communications Inc. Additional Indemnification: You agree that Starburst Communications Inc. and its affiliates and subsidiaries will be indemnified harmless against any losses, damages, or expenses (including reasonable legal fees and disbursements) arising from or relating to any claims, actions, or other proceedings brought on by or on behalf of any third party if said claims result from your acts or omissions in connection with any service offered by Starburst Communications Inc.

  1. Use of Starburst Communications website (grahamwatts.me). The Messaging Center is not to be used for any abusive and/or unlawful purposes. Such purposes include, but are not limited to, any use that may cause disruption of services provided by Starburst Communications Inc. or its customers, or damage to Starburst Communications Inc. property. You agree that all usage of the Starburst Communications website (grahamwatts.me), including transmitted communications, will be in compliance with all laws and regulations. You are responsible for all content transmitted through the Messaging Center. Starburst Communications Inc. only provides you with service of sending messages to mobile phones. Starburst Communications website (grahamwatts.me) is not liable for any consequences brought on by or relating to any messages sent by any person that uses aforementioned service.
  2. Privacy. Your private information will only be collected, stored, processed, transmitted, or otherwise handled by Starburst Communications Inc. with your knowledge and consent. This is primarily done by completing an online form. Your personally identifiable information will not be sold or rented to anyone by Starburst Communications Inc.. Any lack of privacy that you may experience while using the Messaging Center is not the fault of Starburst Communications Inc., and Starburst Communications Inc. will not be held liable. Starburst Communications Inc. reserves the right to disclose, intercept, or delete any messages sent through the Messaging Center in order to protect its rights.
  3. Limitation of Liability. Starburst Communications Inc. will not be held liable, under any circumstances, to you or any other person for any direct, indirect, punitive, incidental, consequential, or special damages of any form that are brought on by or are related to use of the Messaging Center at grahamwatts.me. Starburst Communications Inc. will not be held liable for any act associated with the proper exercise of its rights under 2 and 3 of this agreement between Starburst Communications Inc. and you.
  4. No Warranties. Starburst Communications Inc. offers no express warranty with regards to its services or the Messaging Center. Starburst Communications Inc. disclaims any implied warranty, including specifically any warranties of merchantability or fitness for a particular purpose. Starburst Communications Inc. does not authorize anyone to make any kind of warranty on its behalf.
  5. DISCLAIMER grahamwatts.me (the Site) and its contents are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Starburst Communications Inc. offers no warranties (implied or expressed) or representations of any kind (and they are expressly disclaimed) with respect to the Site, services, or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, Starburst Communications Inc. does not represent or warrant that:

(i) The Services will meet your requirements; its services will meet your requirements;
(ii) Its services will be uninterrupted, timely, secure, or error-free;
(iii) Its services will be uninterrupted, timely, secure, or error-free;

You acknowledge that it is not within the control of Starburst Communications Inc. how or for what purposes its services are used and the allocation of risk in these terms is a reflection of the price paid for its services. If any exclusion in this service is determined to be invalid and Starburst Communications Inc. becomes liable for damages or loss that may be lawfully limited than that liability will be limited to the amount paid by you for the services provided by Starburst Communications Inc.. Starburst Communications Inc. shall not be liable to the Client for any loss arising from any data, instructions, or material supplied, digitally or otherwise, by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or arising from late arrival or non-arrival or in the wrong form or any other fault by the client or on its behalf. Starburst Communications Inc. is not responsible for any malfunction, delay, non performance and/or other degradation of performance of any of its services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the services already supplied. Any work so arising may result in additional charges. Starburst Communications Inc. will make reasonable efforts to repair and reinstate service in the event of a failure, depending on the severity of said failure. If said failure is the result of an action performed by the Client or an agent of the Client to whom access to the servers was given then the Client shall be responsible for paying all costs associated with reinstating and/or repairing the server. Unavailability resulting from negligent failure of Starburst Communications Inc. to deal with circumstances within its control and lasting for a total of 48 hours in any 30 day period will require Starburst Communications Inc. (at its discretion) to either pay to you compensation limited to a credit for the amount paid by you for the unavailable service or a refund in that amount. Starburst Communications Inc. or anyone else involved with the creation, production, or supply of its services will not be held liable to the Client or any other entity for any loss under Terms, tort (including breach of statutory duty or negligence) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Terms or the Services for any: (i) economic loss of any kind, or (ii) loss of contracts, profit, revenues, or anticipated savings, or (iii) damage to the reputation or goodwill of the Client, or (iv) loss resulting from any claim made by any third party, or (v) direct, indirect, special, or consequential damage or loss of any nature whatsoever, and Starburst Communications Inc. shall be indemnified by the Client from and against any claim which may be made against Starburst Communications Inc. in respect thereof. Limitation or Exclusion of implied warranties or of liabilities for incidental or consequential damages will not apply in jurisdictions that do not allow for such limitations or exclusions. Starburst Communications Inc. shall not be liable for obligations that were prevented or delayed in or from performing under conditions due to circumstances beyond its control such as, but not limited to, riots, war, governmental acts, strikes, trade disputes (including with and by our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, fire, flood, explosion, or natural or local emergency.

  1. Opt in Guarantee by Client. Clients of Starburst Communications Inc. guarantee that all mobile numbers in their accounts are 100% opt-in, and recipients of text messages and/or MMS messages recognize the sender and expect to receive said messages from him or her. Starburst Communications Inc. reserves the right to request that the client submit written explanation of the method of collecting phone numbers and a guarantee signed by the client that all mobile numbers on his or her list have agreed to receive text messages and/or MMS messages from the client if it suspects that the list of numbers may not be 100% opt-in. In cases where Starburst Communications Inc. suspects that a list is not 100% opt-in it reserves the right to take any action it thinks is appropriate, including but not limited to cancellation of the account.
  2. Pricing. Starburst Communications Inc. reserves the right to make adjustments to the pricing of its product/service offering. Starburst Communications Inc. may raise or lower its prices at anytime. In the event that Starburst Communications Inc. makes significant alterations to its pricing, Clients will be notified at least 30 days in advance. Subscriptions to services are subject to acceptance by Starburst Communications Inc.. Starburst Communications Inc. will deem Clients subscriptions to services acceptable when Starburst Communications Inc. delivers a confirmation of the subscription to the Client. Starburst Communications Inc. reserves the right to refuse to provide any service to anyone for any reason. Payment will be made to company through paypal, online credit card, or any other method set forth by Starburst Communications Inc. The Client acknowledges and agrees that in the event of a chargeback by a credit card company (or similar action by another payment provider) or other nonpayment by client in connection with payment for Starburst Communications Inc. services or subscription fee may result in suspension, cancellation, or termination of said services or subscription, in sole discretion of company. If the Client’s service is suspended, cancelled, or transferred prior to the end of the then-current service term, all fees paid are non-refundable in whole or in part. The Client acknowledges that Starburst Communications Inc. is not obligated to make any refunds under any circumstances.  However, if the Client wishes to cancel their account, they will not be automatically billed from then on unless they re-instate the account. Should the Client cancel their account, they will have until the end of their billing cycle to use the remaining credits available in their account. Thereafter they will no longer have access to their account and they could lose any textwords (Keywords) they originally had. Furthermore, all credits in a users account expire at the end of each billing period and cannot be rolled over for use in the following month/months. To cancel an account, a Starburst Communications Inc. user must email gw@grahamwatts.me to make the cancellation request and include the following in the subject line: “Please Cancel Starburst Communications Inc. Account”. Please allow 48 hours to process the cancellation.
  3. Intellectual Property. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Starburst Communications Inc., you agree not to sell license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or designed elements on this site is strictly prohibited without the express written permission of Starburst Communications Inc. For information on requesting such permission, please contact us at gw@grahamwatts.me.

  1. Content Submitted To Traffic Starburst Communications Inc. You grant to Starburst Communications Inc. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any comments and other information (including, without limitation, ideas contained therein for new or improved products and services) you submitted to any public areas of the Starburst Communications Inc. Site(s) (such as bulletin boards, forums and newsgroups) or by email to Starburst Communications Inc. by all means and in any media now known or hereafter developed. You also grant to Starburst Communications Inc. the right to use your name in connection with the submitted comments and other information as well as in connection with all advertising, marketing, text marketing / text message marketing / sms marketing, and promotional material related thereto. You agree that you shall have no legal recourse against Starburst Communications Inc. for any alleged or actual infringement or misappropriation of any property right in your communications to Starburst Communications Inc.
  2. Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada. You hereby consent to jurisdiction of the courts in the province of British Columbia, Canada to resolve any disputes arising under this Terms of Use.

Agreement. You acknowledge that Starburst Communications Inc.’s decision to provide Messaging Center service to you is contingent on your compliance with these terms and conditions, and that these terms and conditions, unless otherwise specified herein, constitutes the entire agreement between you and Starburst Communications Inc. and supersedes all prior or contemporaneous communication between you and Starburst Communications Inc. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

This policy may be amended at any time, at the discretion of Starburst Communications Inc. You will be notified of any substantial changes via this Terms of Use page. If you have any questions, comments, clarifications, or ambiguities, or would like to report any violations the Starburst Communications website (grahamwatts.me) please send us your feedback.