Terms and Conditions
Our service is designed to give you as much control and ownership over what goes on your notifications as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, excess volume, viruses, or serious threats of violence, inappropriate language) appear on your notifications. We are the sole abitur of what is deemed “appropriate” and “proper usage” of our SaaS products. We may limit, suspend or revoke your usage at any time and for any reason we deem fit. You cannot undo a push notification sent. So, use best sending practices at all times.
If you find a client of ours that you believe violates these Terms of Service, please contact us with details.
We also have additional services and products designed to make the web a better place. Violating our terms of service for any of our other products may extend to.
Terms of Service:
The following terms and conditions (“Terms”) govern all use of the website and all content, services, and products available at or through the website, including, but not limited to our services. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MSGAlerts Privacy Policy) and procedures that may be published from time to time by MSGAlerts (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.
We refer to MSGAlerts or “we” throughout this agreement.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by MSGAlerts, acceptance is expressly limited to these Terms.
1. MSGAlerts
Your MSGAlerts Account and Website. If you create an account on MSGAlerts.com, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify MSGAlerts of any unauthorized uses of your account, your push notifications, or any other breaches of security MSGAlerts will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate an account, comment on a post, post material to MSGAlerts.com, post links on MSGAlerts, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using GetPushMarketing.com, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content to MSGAlerts for inclusion on your push notifications, you grant MSGAlerts a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting our services. This license allows MSGAlerts to make publicly-posted content available to third parties selected by MSGAlerts (through Firehose, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. Without limiting any of those representations or warranties, MSGAlerts has the right (though not the obligation) to, in MSGAlerts’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in MSGAlerts’s reasonable opinion, violates any MSGAlerts policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use o MSGAlerts.com .
Web Traffic.
We use a third party Google Analytics to measure MSGAlerts audience and usage. By using our service on our website (MSGAlerts.com), you agree to assign the traffic relating to your website to MSGAlerts and authorize us to sign a Traffic Assignment Letter on your behalf for comScore audience measurement reports. Your website’s traffic will be included under MSGAlerts. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website’s traffic to any other party. If we or comScore require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to accommodate such requests.
HTTPS.
We offer free HTTPS on MSGAlerts.com by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain or cname on MSGAlerts, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.
Advertisements.
MSGAlerts reserves the right to display advertisements on your pushes unless you have purchased a plan that includes the removal of ads and branding.
Attribution.
MSGAlerts reserves the right to display attribution text or links in your notification, attributing GetPushMarketing.com or Any MSGAlerts product or service. Attribution text or links may only be hidden if you are subscribed to MSGAlerts.com.
2. License.
By using MSGAlerts, you grant us access to your website’s servers / your account on our servers for the purpose of backing up and securing your MSGAlerts content, and restoring files and database information (which may include access details for multiple servers or accounts for each website that we backup). In order to address security vulnerabilities, we may push an upgrade to your account, or we may access your account to remove malicious code. We may also scan MSGAlerts Content, and compile aggregated/anonymized statistics for our internal use to optimize the performance of the MSGAlerts service. You also grant us a worldwide, royalty-free, and non-exclusive license to copy and store your MSGAlerts Content, to the extent necessary to operate the MSGAlerts service. These Terms don’t give us any rights in your VaultPress Content, beyond those we need to operate MSGAlerts. You own your MSGAlerts Content.
Prohibited Uses.
When using MSGAlerts you agree not to: Publish material or engage in activity that is illegal under applicable law.
Use MSGAlerts to overburden MSGAlerts systems, as determined by us in our sole discretion. Disclose the sensitive personal information of others. Send spam or bulk unsolicited messages. Interfere with, disrupt, or attack any service or network. Distribute material that is or enables malware, spyware, adware, or other malicious code. Use to send rude and or vulgar MSGAlerts content, as determined by us in our sole discretion.
Cancellation.
If you cancel your subscription to MSGAlerts we will queue your backed-up MSGAlerts Content for deletion.
3. eCommerce.
There are certain features offered via MSGAlerts, that assist you to sell items (goods, content, services, etc.) on your website Use Terms also apply.
Prohibited Uses.
You may not use Ecommerce Features for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to Ecommerce Features if we determine (in our sole discretion) that your use is in any way harmful or objectionable.
4. Responsibility of Visitors.
MSGAlerts has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot, therefore, be responsible for that material’s content, use or effects. By operating our Services MSGAlerts does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MSGAlerts disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
5. Fees, Payment, and Renewal.
Fees.
Some of our Services are offered for a fee, while other Services may be free with optional paid upgrades. By using a Paid Service, you agree to pay the specified fees, which we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
Payment.
If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal.
To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a MSGAlerts annual plan, you will be charged each year.
Fee Changes.
We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
6. Third-Party Services.
You may enable services, products, software (plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site. If you use any Third Party Services, you understand that: Third Party Services are not vetted, endorsed, or controlled by MSGAlerts. Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services. Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service. Some Third-Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services. Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services. If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly. In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
8. Copyright Infringement and DMCA Policy.
As MSGAlerts asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MSGAlerts.com violates your copyright, you are encouraged to notify MSGAlerts in accordance with MSGAlerts Digital Millennium Copyright Act (“DMCA”) Policy. MSGAlerts will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MSGAlerts will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MSGAlerts or others. In the case of such termination MSGAlerts will have no obligation to provide a refund of any amounts previously paid to MSGAlerts.
9. Changes.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
10. Termination.
MSGAlerts may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MSGAlerts.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties.
Our Services are provided “as is.” MSGAlerts and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MSGAlerts nor its suppliers and licensors makes any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
12. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Telangana, India., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
12. Arbitration Agreement.
The arbitration shall take place in Hyderabad, India, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
13. Limitation of Liability.
In no event will MSGAlerts, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MSGAlerts under this Agreement during the twelve (12) month period prior to the cause of action. MSGAlerts shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty.
You represent and warrant that your use of our Services:
Will be in strict accordance with this Agreement;
Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
Will not infringe or misappropriate the intellectual property rights of any third party.
15. Miscellaneous.
This Agreement constitutes the entire agreement between MSGAlerts and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MSGAlerts, or by the posting by MSGAlerts of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MSGAlerts may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.