| 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 Cellyspace 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. |
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| 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. |
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| Definitions: |
The term "Account Holder" shall mean: A possessor of a valid username and password for the Site that either
- purchases mobile marketing services from the Site and provides them to Subscribers or.
- sells mobile content through the Site and the Site pays a share of revenue to for providing and promoting premium content.
The term "Subscriber" shall mean: The End-user, or Consumer, of which the services of this Site are directed.
The term "Cellyspace Account" shall mean: The combination of a unique username and password that is used to access the Site, a platform where an Account Holder is provided with tools to distribute mobile content and services to Subscribers. A Cellyspace Account is a license to use the Site for a period of time.
The term "Service" shall mean: A benefit offered by an Account Holder to a Subscriber through their Cellyspace Account.
The term "Content" shall mean: A marketing or communication offered by an Account Holder to a Subscriber through their Cellyspace Account. |
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Premium MMS Publishing Price: $0.50-1.99 USD per message Terms and Conditions A one time service fee shown above will be charged on your cell phone bill or deducted from your pre-paid balance by Cellyspace.com. Mobile charges must be authorized by the account holder. This is not a subscription and your mobile number is kept private. Texting STOP to 33563 will opt you out of all communication. This product is not compatible with all phone models. Participating carriers include Verizon Wireless, T-Mobile® AT&T, Sprint, and Alltel. Other carriers or pre-paid customers may not be supported. Message & Data rates may apply. 13+ only. (18+ in Fl) Customer care at help@cellyspace.com. Other carriers or pre-paid customers may not be supported. Message & Data rates may apply. 13+ only. (18+ in Fl) Customer care at help@cellyspace.com. Premium Ringtone Publishing Price: $0.50-1.99 USD per ringtone Terms and Conditions A one time ringtone service fee shown above will be charged on your cell phone bill or deducted from your pre-paid balance by Cellyspace.com. Mobile charges must be authorized by the account holder. This is not a subscription and your mobile number is kept private. Texting STOP to 33563 will opt you out of all communication. This Product is not compatible with all phone models. Participating carriers include Verizon Wireless, AT&T, Sprint, Alltel and T-Mobile®. Other carriers or pre-paid customers may not be supported. Message & Data rates may apply. 13+ only. (18+ in Fl) Customer care at help@cellyspace.com. Other carriers or pre-paid customers may not be supported. Message & Data rates may apply. 13+ only. (18+ in Fl) Customer care at help@cellyspace.com. Premium Mobile Web Video Price: $0.50-0.99 USD per video Terms and Conditions A one time mobile video download service fee shown above will be charged on your cell phone bill or deducted from your pre-paid balance by Cellyspace.com. Mobile charges must be authorized by the account holder. This is not a subscription and your mobile number is kept private. Texting STOP to 33563 will opt you out of all communication. This Product is not compatible with all phone models. Participating carriers include Verizon Wireless, AT&T, Sprint, Alltel and T-Mobile®. Other carriers or pre-paid customers may not be supported. Message & Data rates may apply. 13+ only. (18+ in Fl) Customer care at help@cellyspace.com.Other carriers or pre-paid customers may not be supported. Message & Data rates may apply. 13+ only. (18+ in Fl) Customer care at help@cellyspace.com. Premium MMS/SMS Alert Subscription Price: $2.99 USD per month Frequency: Up to 2/msg day Terms and Conditions This mobile service is enabled by Cellyspace.com. You agree to pay the monthly subscription fee listed above on your cell phone bill or deducted from your pre-paid balance. Mobile charges must be authorized by the account holder. This is a subscription and your mobile number is kept private. Texting STOP to 33563 will opt you out of all communication. Product is not compatible with all cell phone models. Participating carriers include Verizon Wireless, T-Mobile® AT&T, Sprint, and Alltel. Other carriers or pre-paid customers may not be supported. Message & Data rates may apply. 13+ only. (18+ in Fl) Customer care at help@cellyspace.com. Other carriers or pre-paid customers may not be supported. Message & Data rates may apply. 13+ only. (18+ in Fl) Customer care at help@cellyspace.com. Premium MMS Greeting Card Price: $0.50-1.99 USD per message Terms and Conditions A one time greeting card service fee shown above will be charged on your cell phone bill or deducted from your pre-paid balance by Cellyspace.com. Mobile charges must be authorized by the account holder. Charges will not be applied until the recipient receives your message. This is not a subscription and your mobile number is kept private. Texting STOP to 33563 will opt you out of all communication. This Product is not compatible with all phone models. Participating carriers include Verizon Wireless, AT&T, Sprint, Alltel and T-Mobile®.
Other carriers or pre-paid customers may not be supported. Message & Data rates may apply. 13+ only. (18+ in Fl) Customer care at help@cellyspace.com.Other carriers or pre-paid customers may not be supported. Message & Data rates may apply. 13+ only. (18+ in Fl) Customer care at help@cellyspace.com. |
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| Access to the Services: |
| You must be at least 13 years of age to access the Service (18 in Florida). You are responsible for fees to access the Service such as access to the internet, the costs incurred for sending and receiving multimedia messages; and for mobile airtime, data and SMS charges. You are also responsible for any fees associated with the display or delivery of advertisements within the Service. In addition, you are responsible for all equipment necessary (such as a mobile phone) for access. Your right to access to the content, and/or subscriptions is not transferable. |
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| Ownership of the Content: |
| You acknowledge and agree that the Content made available as part of the Service is owned by the applicable Account Holder or his/her/its licensor, and is protected by intellectual property laws. By using the Service, the Account Holder hereby grants and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and 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 except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the Content downloaded on your mobile device, and no rights are granted to you by this Agreement in the Account Holder's intellectual property. |
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| Payment and Subscriptions: |
| We accept payment by mobile phone or credit card, including VISA, MasterCard, Discover and American Express. Prices are subject to change from time to time with or without notice and at Skycore's sole discretion. The prices of subscriptions will not change once a subscription has been confirmed. All prices are in USD unless otherwise noted. Skycore reserves the right to cancel your subscription at any time. You understand and agree that your cancellation of your subscription or discontinued use of the Service is your sole right and remedy with respect to any dispute with Skycore. This includes, but is not limited to, any dispute related to or arising out of: |
- Any term of this Agreement.
- Any policy or practice of Skycore, including its Privacy Policy, or Skycore enforcement or application of these policies.
- The Content.
- Your use of and/or ability to access and use the Service.
- The amount or type of fees, surcharges, applicable taxes, billing methods.
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You may be asked to provide us with a credit card number or debit card from a card issuer that we accept to access the Service or download the content. By providing your Credit Card or Debit Card information you hereby authorize:
- Skycore to charge and/or place a hold on your card with respect to any charges for Services requested and afforded;
- Skycore to post recurring charges to your card should the Service be a subscription, on the monthly anniversary of your sign up date until such time that you unsubscribe;
- the issuer of the card to pay any amounts described herein without requiring a signed receipt, and you agree that these T&C are to be accepted as authorization to pay such amounts
- Skycore and/or any other company who bills products or services, or acts as billing agent for Skycore to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your card until such amounts are paid in full.
Moreover, you agree:
- to provide Skycore with updated credit card information upon Skycore’s request and any time the information you previously provided is no longer valid;
- and acknowledge that neither Skycore nor any Skycore affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card.
When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card your subscription will be terminated and content and services will not be delivered. |
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| Refunds: |
| If Content has not been delivered to your mobile phone, you must notify Customer Support within 3 days of your original request. Refunds are only issued for content which is not delivered or does not work properly on your device. For content billed on a mobile phone, a refund will be issued through your provided credit card account or, alternately, your phone service carrier will credit back the premium amount paid to your monthly phone bill. For Services billed to a credit card, a refund will be issued back to the credit card used to make the original purchase for the amount which was paid for. Skycore is committed to fraud protection and likewise absolutely NO refunds will be made by cash or check. In the event that the Content or Service is delivered visually or audibly as intended, no refunds will be issued. No refunds will be provided for standard messages or data charges to access the content. By purchasing or subscribing to a Service you warrant that you are the authorized purchaser, their agent or have the permission of the authorized purchaser. Refunds will not be issued based upon inaccuracies represented by the purchaser. |
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| General Disclaimers: |
THE SITE, SERVICES, AND CONTENT 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. Although we use reasonable efforts to ensure the accuracy of the content of our Site, we make no representations or warranties as to the accuracy, correctness, or reliability of its contents. Further, we make no representations or warranties that the Services and Content will be uninterrupted or error-free.
We also make no representations or warranties that your cellular service provider or handset will have the ability to support SMS, MMS, WAP, Premium SMS such that you will be able to avail yourself of this service. 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. Skycore assumes no responsibility for the timeliness, deletion and/or delivery of any communication(s) sent to you. Skycore 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.
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 copyrighted work. Skycore takes no responsibility and assumes no liability for any Content posted, offered, purchased or sold by any Account Holder or third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter or find objectionable. The Site is only a venue and conduit and is not liable for any statements, representations, or Content provided by its Account Holders to Subscribers. |
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| Indemnification: |
| By availing yourself to the Services, you agree to hold harmless Skycore against any claims for damages, losses, costs or otherwise, including reasonable attorneys’ fees, arising in any manner whatsoever from your use of the Services. |
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| Limitation of Liability: |
Skycore 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 to the Site, Services, Content or related services, you agree to release and hold Skycore 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:
- mobile device hardware or software malfunctions, failures or difficulties of any kind;
- failed, incomplete, garbled or delayed messages or content;
- any disruption or corruption of the Content, Services;
- 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;
- any printing or typographical errors in any material; and
- mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter or find objectionable.
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| 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.
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Account Holder Terms
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| Registration: |
When you complete the registration process for the Site, 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. You, as the Account Holder, will be responsible for all activity associated with your account, including all fees and charges.
All information that you provide to Skycore 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 and must provide changes promptly to Skycore by visiting our Site and updating your account information. There are two types of account holders: Content Providers and Marketers. |
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| Content Provider: |
| When you elect to distribute and sell your content through the Site, you authorize Skycore to perform, sell and deliver your Content on your behalf. You are solely responsible for all promotional activity for your content. The Site does not charge you message fees for delivering premium content sold to Subscribers. |
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| Marketer: |
| When you purchase marketing services from the Site to communicate with Subscribers, you agree to a specific monthly package and also per message overage rate. Overage rates will apply to the account should you use more credits than are included in the selected monthly package. Your package is automatically renewed each month and any unused credits will expire. |
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| Ownership: |
| 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,” “Cellyspace” and the Skycore logo are trademarks of Skycore. You may not use our trademarks without our written permission. |
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| General Representations and Warranties: |
By using the Service, you represent and warrant that:
- Your Registration Data is correct, and you will promptly notify us of any changes.
- 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).
- You are fully authorized to enter into this Agreement , and perform according to the terms and conditions.
- You will not use the Site or Software in any manner that is (i) pornographic, obscene, threatening or abusive in nature; (ii) likely to defame any third party.
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| 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 sale or 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, distribute and sell 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 from the Services. 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. |
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| Content Policy: |
A violation of the content policy will result in removal of the content and any earnings associated with the content. Repeat offences in the content policy or failure to comply within 3 days will result in account termination and forfeit of all earnings and monthly fees. We do not allow:
- 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
- Content that contains hate speech; or
- Content that contains excessive violence; or
- Content that contains extreme profanity; or
- Content that contains misleading or fraudulent claims; or
- Content that promotes or glamorizes alcohol abuse, illegal drug use or use of tobacco products
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| Advertising and Promotion Restrictions: |
Account Holders agree to
- 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;
- follow the Mobile Marketing Association’s Consumer Best Practices Guidelines (US) for mobile marketing programs;
- never advertise or promote the Services to children under the age of 13; and
- obtain written approval from Skycore Customer Support BEFORE offering any sweepstakes, contests or lottery through the Service.
http://www.mmaglobal.com/bestpractices.pdf
http://www.cellyspace.com/havingproblem.php |
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| Free Trial: |
The following terms and conditions apply to the Free Trial Program (the "Free Trial") for use of the Services on the Site.
- There is a limit of one Free Trial per account.
- Your Free Trial begins when you create your account and ends seven (7) days later, or until your designated credits run out, whichever happens first.
- Free Trial accounts have credit limit restrictions in place. However, a Free trial account is fully functional, allowing you, the user, to experience all the features our Services have to offer. Credit limitations are removed once a Free Trial account holder upgrades to a standard account.
- At the end of your Free Trial, your access and use of our Services will only continue if you sign up for monthly plan, which requires you to furnish credit card information. At your discretion, you may log into your trial account and enter payment information, if you wish to continue using our Services. Once payment information, a package, and an account type have been selected by you, your trial account will be converted into a fully functional account.
- Free Trial accounts have no cash value and are non-refundable and non-transferable. The Free Trial is void where prohibited. The Free Trial is subject to change and may be suspended or terminated by Skycore at any time for any or no reason, and with or without notice.
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| Credit Card Billing: |
In order to use our Services, and/or activate your account, you will be 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 Skycore's Terms and Conditions you hereby authorize: (1) Skycore to charge and/or place a hold on your credit card with respect to any charges for Monthly plan and credits requested and afforded; (2) Skycore to post recurring charges to your credit card on the monthly anniversary of your sign up date until such time that you cancel your account or until you notify Skycore of a billing charge request; (3) the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these T&C are to be accepted as authorization to pay all such amounts; (4) Skycore and/or any other company who acts as billing agent for Skycore to continue to attempt to charge and/or place holds with respect to 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 agree:
- to provide Skycore with updated credit card information upon Skycore’s request and any time the information you previously provided is no longer valid;
- and acknowledge that neither Skycore nor any Skycore affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card.
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| Billing: |
| 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 the middle of your billing period, you will also be billed when your account crosses a balance threshold. Subject to Skycore 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. |
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| Credit Check: |
When becoming an Account Holder, you are expressly giving us permission to obtain your credit information from consumer credit reporting agencies at any time. If we determine that you may be a credit risk due to:
- unsatisfactory credit rating;
- insufficient credit history;
- fraudulent or abusive use of any Skycore Services within the last five years; or
- late payments for current or prior bills, we may refuse to provide you with your requested services.
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| Account Budgeting: |
| Account budgeting is available for all accounts. This feature sets a cap to the amount of money that can be charged to an account for a given period. When the account budget amount is met, the account services are suspended and the account holder is subsequently notified of such by email or another designated medium. Account services will be enabled on the next billing date or if the account budget is increased. |
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| Late Payment & Failure to Pay: |
| Skycore may suspend or terminate Service if your payment is past due. In the event you fail to pay Skycore or Skycore is unable to bill charges to your credit card, Skycore may assign unpaid late balances to a collection agency. In the event legal action is required to recover unpaid amounts, you agree to reimburse Skycore for all expenses incurred to recover sums due, including attorney fees and other legal expenses. |
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| Automatic Account Renewal: |
| In order to insure uninterrupted service accounts are automatically renewed at the end of each month 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. |
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| Use of Keycodes: |
| Keycodes are issued on a first come first serve basis and remain exclusive to the Account Holder if the keycode is actively used. If a keycode remains inactive following the allotted time period (60-90 days), your keycode will be removed from your account and made available to others. Skycore owns and retains all rights to all keycodes run on the Service. All keycodes is subject to immediate forfeit in the event of trademark infringement. |
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| Cellyspace Credits: |
| The sending content and/or messaging may require the use of Site Credits ("Credits"). Credits may be purchased on the Site and are deducted from your Account upon sending of your content. All purchases of Credits are final and all Credits are non-transferrable. All Credits expire without refund upon any of the following events: a) your Account becomes inactive; b) your Account is terminated for cause; or c) you intentionally elect to close your Account. |
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| 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. |
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| Refunds: |
| When sending Content using your Credits, upon confirmation that the Content has been delivered to the carriers it will be considered successfully delivered to the Subscriber 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 the factors are largely 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. |
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| 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. Skycore will not be liable for any loss that you may incur as a result 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 Skycore immediately if your contact information changes. |
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| 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 |
| Skycore's Shared MMS MO Campaign service allows you to get your MMS MO campaign up and running quickly. Such a campaign service is catered towards companies looking to setup a “submit your picture” mobile marketing campaign. The following are the Terms associated with the aforementioned campaign type. |
- Shared MMS MO Keyword
- Each Skycore shared MMS MO campaign uses Keywords . Keywords are words or numbers used to distinguish a targeted offer, service, or account. You may request from Skycore a keyword that will assist users in best identifying your campaign. The keyword will be assigned to your account and offered during the duration of your campaign and for one year after it has ended. Using this unique keyword, messages will be routed to your account. End-users may submit multimedia content using their handset to our shared short code, affixed with your designated keyword, through any participating mobile carrier's network, to participate in your offer or campaign.
Please be aware that short codes are country specific. If you wish to promote a campaign in a multitude of countries, your short code must be provisioned for each and every country you desire to advance your campaign.
- 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.
- Campaign Period
- In order to use Skycore's Shared MMS MO Campaign service you must provide Skycore with the start and end date of your proposed campaign. You will need to determine ahead of time how long you will be conducting your campaign. Skycore uses such information for purposes of determining when your keyword(s) will be available for reuse and for assessing when your one year liability period for costs incurred from use of your keyword begins. If you wish to extend your campaign past your specified end date, you must provide Skycore with reasonable notice, in order that a new end date may be agreed upon. Your liabilities for incurred expenses, in such situations, will be set forth as one year from the mutually agreed upon new end date. If your campaign is terminated by Skycore, due to your failure to comply with any of our Terms and Conditions, due to your deliberate disobedience of the practices set forth in the Mobile Marketing Associations guidelines, or for any reasonable grounds, you will be required to continue payment for our services until your specified end date.
- Charges and Fees
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- 1. Keyword
- Skycore charges a monthly fee for each offer/keyword that you use. Your keyword(s) shall remain in your account for as long as you continue to make the necessary monthly payments for each. Skycore will provide you with a monthly invoice. If you cancel your account or fail to make your payment, your keyword(s) will still remain active, and you will be responsible for all charges incurred until one year after your specified end date.
- 2. Incoming Messages
- You are responsible for all charges for incoming messages associated with your campaign, regardless of who or when they initiate the message for up to one (1) year after your campaign ends.
- 3. Response Messages
- For certain campaigns you may wish to send a response message to the mobile originated user who submits a message to your unique keyword and shared short code combination. You are responsible for all fees associated with conducting such a service. You are also responsible for response messages after your campaign has ended informing the user that the offer has expired.
- 4. Submissions
- Skycore will not be held liable for detecting and/or interpreting any misspelled or related keywords submitted by mobile originated users which are intended to be sent to your campaign. For such reasons it is highly recommended that you choose a keyword that is not too long or difficult to spell. Misspelled and related keywords submitted will not be routed to you, and you likewise will not be charged for such. You are, however, responsible for all fees associated with mobile originated submission to your unique keyword and designated shared short code, whether such was intended by the mobile originated user or not.
- Migrating from a Shared to a Dedicated Short Code Campaign
- You may not switch over your Shared MMS MO Campaign over to a Dedicated MMS MO Campaign. You may provision a dedicated shared short code and cancel your Shared MMS MO campaign. The 1 year indemnity period will still apply.
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| DEDICATED MMS MO CAMPAIGN (Client Shared, or Dedicated) |
| Skycore offers a Dedicated MMS MO Campaign service that is ideal for businesses or organizations looking for a more robust, individualized solution. The Dedicated MMS MO Campaign gives companies their own short code which can be within a single account or shared across multiple accounts. The following are the Terms associated with such a campaign. |
- Keywords
- Skycore Dedicated MMS MO campaigns, like Skycore Shared MMS MO campaigns, use keywords. Dedicated MMS MO campaigns, however, additionally offer the feature of a ‘catchall’ bucket which will catch all misspelled or unknown keywords. Campaigns can also be launched without keywords where all messages go to a particular offer. Your dedicated short code and your selected keyword(s) is/are held for your exclusive use for as long as you own the dedicated short code
Please be aware that short codes are country specific. If you wish to promote a campaign in a multitude of countries, your short code must be provisioned for each and every country you desire to advance your campaign.
- Campaign Approval
- All Dedicated 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.
- Campaign Period
- The period of Dedicated MMS MO campaigns last for as long as your dedicated short code is provisioned. When you wish to end your campaign you must notify Skycore immediately, in order that Skycore may begin the de-provisioning process in a timely manner. Your campaign will remain active, and you are responsible for all fees acquired, until the de-provisioning process is complete, and your designated short code is no longer active. If your campaign is terminated by Skycore, due to your failure to comply with any of our Terms and Conditions, due to your deliberate disobedience of the practices set forth in the Mobile Marketing Association's guidelines, or for any reasonable grounds, you will be required to continue payment for our services until the de-provisioning process is completed and your designated short code is no longer active.
- Charges and Fees
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- 1. Keyword
- Unlike Shared MMS MO campaigns, for a Dedicated MMS MO campaign there is no need to pay monthly recurring fees to keep using your keyword(s). For such campaigns, Skycore offers account holders a specific number of MMS MO keywords per account, based on account type and preference. If you should determine that you need more keywords than this limited number, you may request additional keywords from an authorized Skycore representative. Your keyword(s) remains with your account for as long as you run your campaign and as long as your dedicated short code is provisioned.
- 2.Incoming Messages
- You are responsible for all charges for incoming messages associated with data activity to your campaign, regardless of who initiates the activity or when it is delivered. The dedicated short code provided to you during your Dedicated MMS MO Campaign is leased to you for your sole use during the term of your lease. You are likewise responsible for all charges for incoming messages until the short code is de-provisioned.
- 3. Response Messages
- Like Shared MMS MO Campaigns, for certain Dedicated MMS MO campaigns you may wish to send a response message to the mobile originated user who submits a message to your unique keyword and shared short code combination. You are responsible for all fees associated with conducting such a service.
- 4. Submissions
- Unlike Shared MMS MO Campaigns, in Dedicated MMS MO Campaigns you are responsible for all submission fees. A dedicated short code is held for your exclusive use, and likewise, you are responsible for all submissions that occur during your campaign period. Skycore will make its best effort to ensure that misspelled keywords and related keywords are directed to the appropriate account, with the aid of aliasing. Keyword submissions which do not exactly match with your designated keywords, and the aliased keywords associated with your designated keywords, will be sent to a “catchall” account area, where you may manually or programmatically search and match them with a campaign of yours.
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| Earnings for Selling Content
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| Premium Content Sales: |
| You may elect to have your Content sold for a fixed one-time fee or monthly subscription If you decide to charge a Premium, upon successful delivery of your content the subscriber will be charged. They will be either charged by credit card or on their mobile phone bill. Your Earnings page will reflect the transaction as Pending until the transaction has been settled and the money deposited. |
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| Earning Money: |
| Skycore does not invoice or collect Premiums directly from recipients when billing a mobile device. Skycore does collect Premiums directly from recipients when recipients pay by credit cards. In all cases where the Carriers invoice the recipient on their monthly phone bill as an itemized charge, Skycore only receives periodic reports from the participating carriers indicating successful transactions and any adjustments; from these reports the Site transfers the appropriate Earnings from Pending status to Convertible status. Adjustments represent refunds issued to recipients and are shown as “Chargebacks”. The amount of money you can earn for each Premium transaction is shown on the online PAYOUTS page. The value of all transactions and Payouts are subject to change without notice. There is no charge for content delivery when the content is sold as premium to a subscriber. |
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| Getting Paid: |
| Cash amounts due to you, if any, in connection with Premium Services will be determined solely by Skycore based on collected and settled funds from the mobile carriers and credit card brands. Pending Earnings represent money earned but not yet settled. Convertible Earnings represent money settled and able to be redeemed for cash. Yyou must have a Convertible Earnings value of at least $50.00 USD to have your funds transferred to your PayPal account. Skycore’s sole responsibility in transferring funds to your PayPal account is limited to the actual transfer of Redeemable funds to the PayPal “Email Address” provided. All payments will be made in U.S. Dollars net of all PayPal transaction fees and currency conversion rates. |
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| Taxes: |
| You are responsible for tax reporting and payments to the appropriate tax authorities, including any and all applicable taxes or charges imposed by any government entity in connection with your use of Skycore's Services. In the USA, the IRS (Internal Revenue Service of the US Government) requires that anyone being paid more than $600 USD by a US company must fill out either a W-9 (US citizens) or a W-8 (international citizens) form for tax purposes. As you approach $600 USD in earnings, Skycore will send the appropriate form to your Cellyspace profile email address. You will need to fill it out and return it in order to continue to receive payments. Directions for returning the completed form will be included in the message. At the end of the year, you will receive a 1099 form for your annual tax reporting purposes. The 1099 includes the W-9/W-8 details you’ve submitted plus a total earnings amount for the prior calendar year, a copy of which is also sent to the IRS. |
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Additional Terms and Conditions
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| Disputes and Termination: |
You may terminate your Account at any time by calling Customer Support. There are no refunds for any fees paid. 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 SKYCORE 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. The Account Holder shall forfeit any Pending or Convertible Earnings remaining in their account.
Skycore may terminate or disable your Account or put your account on inactive status, at any time with or without cause, and with or without notice. If Skycore terminates your account for cause: (a) Skycore shall have no liability or responsibility to you, and will not refund any portion of any fees paid; (b) Skycore will not make payouts for earnings or sales made on your behalf as a result of that cause; and, (c) at the sole discretion of Skycore, should the cause be significant, deemed possible fraud or a repeat offense, your Account may be terminated immediately and all future payouts denied until resolved in legal course
You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with Skycore. This includes, but is not limited to, any dispute related to or arising out of: (1) any term of this Agreement, policy or practice or Skycore’s enforcement of the same; (2) your use of and/or ability to access and use the Account; and (3) the amount or type of fees, surcharges, applicable taxes, billing methods, payouts, or any change to the same. If your account is classified (at Skycore's sole discretion) as terminated or inactive for over 120 days, Skycore has the right to permanently delete your data. |
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| 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. Although we use reasonable efforts to ensure the accuracy of the content of our Site, we make no representations or warranties as to the accuracy, correctness, or reliability of the content. Further, we make no representations or warranties that the Software and/or any functional aspects of our Site will be uninterrupted or error-free.
We also make no representations or warranties that any subscriber’s handset or mobile network operator will have the ability to support SMS, MMS, WAP, Premium SMS such that they will be able to avail themselves to your service. 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. Skycore assumes no responsibility for the timeliness, deletion and/or misdelivery of any communication(s) you send to any Subscriber. Skycore 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. You agree that Skycore shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
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 copyrighted work. If Skycore
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 Skycore or others' intellectual property rights, Skycore may, in its sole discretion, suspend or terminate the Content, the Service or your account. |
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| Limitation of Liability: |
Skycore 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 Software and/or the content on our Site. By availing yourself of the Site, Software or related Services, you agree to release and hold Skycore 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, Software or related Services, including but not limited to:
- telephone, mobile phone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind;
- failed, incomplete, garbled or delayed computer or telecommunication transmissions;
- any disruption or corruption of the Site or related Services;
- any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Site, Software or related Services, including the potential for malicious software or viruses to be covertly attached to content, messaging or other Services by third parties;
- any printing or typographical errors in any material associated with the Site, Software or related Services;
- any Content posted, offered, delivered or sold by you for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
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| Indemnification: |
| By registering as an Account Holder and offering Services through the Site you agree to hold harmless, indemnify and defend Skycore 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 Skycore as set forth in this paragraph shall survive the termination of this agreement. |
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| Additional Terms: |
| You are bound by this agreement when you access our Site, Software and Service and until you have destroyed all content and/or software applications that you have downloaded or copied from our site. In addition, you are bound by this agreement whether you downloaded or copied the content or software under these terms of this agreement and otherwise. 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. |
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| 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.
Click here to report the abuse directly to Customer Support. |
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| Contacting Skycore: |
| If you have any questions about the Terms and Conditions or Privacy Policy, you may contact Skycore in writing at: Skycore, LLC., 214 Lincoln St., Suite 360, Allston, Massachusetts, 02116. |
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| Changes to this Agreement: |
| From time to time, we may change this Agreement, the Site, or Service, including the rates and charges. Skycore reserves the right to change its pricing and/or payment structure at any time, with or without prior notice, due to, but not limited to, circumstances beyond our control. By using our Sites and services you acknowledge that this Agreement, the Site, Pricing and Payouts of Services offered may be amended from time to time and you will be bound by such amendments as soon as notice thereof has been posted on the Site. When possible, Skycore will provide at least thirty (30) days' prior notice of any such change unless otherwise required by law. Your continued use of our services after receipt of such notice constitutes your acceptance of such changes. |
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