Last updated April 30, 2018
The information provided by webappclouds, Ilc ("we," 'us" or "our) on https://saloncloudsplus.com (the "Site") and our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.
EXTERNAL LINKS DISCLAIMER
The Site and our mobile application may contain (or you may be sent through the Site or our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
MEMBER CONDUCT AND MEMBER GUARANTEES
A. You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Webappclouds (snap sms)/Saloncloudsplus, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Webappclouds (snap sms)/Saloncloudsplus does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Webappclouds (snap sms)/Saloncloudsplus be liable in any way for any Content, including, but not limited to, for 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 the Service.
Webappclouds (snap sms)/Saloncloudsplus is solely a facilitator of the message traffic and has no visibility into or control over individual Messages as they are transmitted through Webappclouds (snap sms)/Saloncloudsplus and has no responsibility or liability with respect to the content of any individual Message. Except that Webappclouds (snap sms)/Saloncloudsplus may use programmatic means to filter (pre-screen) your messages and block your campaigns or account due to message keywords that Webappclouds (snap sms)/Saloncloudsplus has determined, in it’s sole description, may violate an applicable, rule, regulation, or law.
B. You agree to not use the Service to:
1. upload, post, text message, email, transmit or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
2. upload, post, text message, email, transmit or otherwise make available any adult Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or which violates the intellectual property rights of a third party (“Rights”);
3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
4. upload, post, text message, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any mobile telephone, mobile device, computer software or hardware or telecommunications equipment;
5. “stalk” or otherwise harass another; and/or
6. Using any equipment or software that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, in conjunction with your use of the Services;
7. Using any equipment or software that has the capacity to initiate messages without human intervention, in conjunction with your use of the Services;
8. Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;
9. Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
10. Harvesting, or otherwise collecting information about others, without their consent;
11. Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details at do not belong to you;
12. Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
13. Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
14. Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or y other harmful/deleterious programs;
15. Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
16. Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
17. Abusing the fair use policy with regard to unlimited keywords—that is, registering many keywords without using them for weeks or months, as is determined to be abuse in the sole discretion of Webappclouds (snap sms)/Saloncloudsplus;
18. Interfering with another’s use and enjoyment of the Services or Webappclouds (snap sms)/Saloncloudsplus Sites; or
19. Engaging in any other activity that Webappclouds (snap sms)/Saloncloudsplus believes could subject it to criminal liability or civil penalty/judgment.
C. You acknowledge that Webappclouds (snap sms)/Saloncloudsplus may or may not pre-screen Content, but that Webappclouds (snap sms)/Saloncloudsplus and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Webappclouds (snap sms)/Saloncloudsplus and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
D. You acknowledge, consent and agree that Webappclouds (snap sms)/Saloncloudsplus may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any subpoena or other legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Webappclouds (snap sms)/Saloncloudsplus, its users and the public.
E. You guarantee that the subscribers in your account have granted you express consent to send them messages of the type that you intend to send them. If for any reason Webappclouds (snap sms)/Saloncloudsplus suspects that the subscribers have not given you express consent, it reserves the right to request a written explanation from you, the client, including the method of collecting the subscriber’s phone numbers and a guarantee signed by you that all the people on your subscriber list agreed to receive text messages from you of the type that you had sent. Webappclouds (snap sms)/Saloncloudsplus reserves the right to take any action it thinks appropriate in the case of non-compliance, including but not limited to cancellation of the account.
F. You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages.
G. You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages that you create and initiate through the Webappclouds (snap sms)/Saloncloudsplus Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages transmitted through the Webappclouds (snap sms)/Saloncloudsplus Services.
G. You shall use Webappclouds (snap sms)/Saloncloudsplus’s service in compliance with all governing laws, regulations, and rules.
H. You shall schedule your messages responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, pictures or videos for inclusion in any outbound messages. If you are unfamiliar or unclear on the legalities of any message that you intend to initiate through the Services, you must consult with your attorney prior to your use of the Webappclouds (snap sms)/Saloncloudsplus Sites or Services.
I. You guarantee that you have all power and authority and have procured all rights and licenses necessary to use and text enable those Phone Numbers utilized for Webappclouds (snap sms)/Saloncloudsplus services without the consent of any third party. In the case of shared use Phone Numbers, you expressly represent that you are the Phone Number Owner.