2cast

2cast Terms of Service

Welcome to 2cast! Before you use this site, please read these Terms of Service carefully as they govern your use of the services provided at 2cast (the "Services"). By using the Services you agree to the Terms of Service set forth below as they may be updated from time to time by 2cast, Inc. ("2cast"). 2cast may modify or terminate the Services from time to time, for any reason, and without notice, without liability to you, any other user or any third party, provided that when 2cast does so, it will update these Terms of Service. You are advised to periodically check the website for changes in the Terms of Service.

Click on the "View all current text message promotions" link from the home page and text the store's TextBrand^TM shown in bold for each merchant to 74747 to receive the merchant's text messages.
How to Opt-in: To opt-in or subscribe to our service, you text a keyword that you see on any advertisement/store display to 74747. You will receive an opt-in message asking you to reply 'Y' for more messages in the future from the store. You will be told how many messages a month you can expect from the Store if you reply 'Y' and opt-in.
How to Opt-out: To opt-out from our SMS service, you can text “STOP” into 74747 from your mobile phone and we will unsubscribe you from our SMS text messaging service immediately. You will not receive any additional messages until you re-register on our website or opt-in again via the phone.
How to get help or support: To get help, email us at support at 2cast.net, or call our toll free number at 1-877-31-2CAST (1-877-312-2278) . From your mobile phone, you may request our contact information at any time by texting HELP into 74747

1. Purpose and Description of Services. 2cast provides users with a means of publishing information that can be retrieved from mobile phones and the Internet. To use our Services, you select a unique keyword. The use of such keyword in the 2cast service does not grant you ownership of such keyword. 2cast retains ownership of all keywords in its service and provides it to you for the period of time agreed upon, and paid for when joining service. 2cast may determine, in its sole discretion, to limit the use of the Services, add data storage limitations, change fees for the Services or otherwise modify the Services in the future. You acknowledge and agree that these changes may take place and that 2cast shall have no liability stemming from such changes.

Any additions or modifications to the Services shall be in the sole discretion of 2cast and will be subject to these Terms of Service. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services - including, but not limited to, standard text messaging charges that will depend on the plan that you have with your wireless carrier. 2cast uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of 2cast. By using the Services you agree that 2cast shall not be liable to you for any modification, suspension or discontinuance of the Services.

All materials displayed on the Site including, but not limited to text, graphics, news articles, charts, presentations, User communications photographs, images and illustrations, shall be referred to herein as "Content." 2cast attempts to maintain a website that is absent of offensive, indecent or objectionable Content. You understand that by using 2cast, you may be exposed to this Content. Under no circumstances will 2cast be liable in any way for any Content, including, but not limited to, the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via 2cast.

2. Restrictions on the use of the Services. By using the Services you agree that you will not:

(a) Use the Services for any illegal purpose; (b) Upload, email or otherwise transmit any User Content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable. (c) Upload, email or otherwise transmit any User Content that you do not have the lawful right to transmit (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Content that infringes the intellectual or proprietary rights of any third party; or (d) Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

2cast reserves the right at all times to terminate your account, and delete any and all Content at, in whole or in part, for any reason including, but not limited to, violations of these Terms of Service. If you do violate these Terms of Service, 2cast reserves the right to share any information with any third party. In addition, 2cast reserves the right at all times to disclose any User Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.

3. Age Requirements and Limitations on Use of Services. Users of the Services must be at least 18 years of age. However, if you are at least 13 years old but not yet 18, you may use the Services if -- and only if --- you have your parents' or guardians' prior permission. No one under age 13 may use the Services under any circumstances. Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by 2cast. If 2cast determines that it has collected personal information of children under the age of 13, 2cast will immediately delete such information.

4. Trademarks and Copyrights

All trademarks, brands and service marks used in conjunction with the Services by 2cast shall be the property of 2cast. 2cast shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form, except as it relates to the personal use of the Services. This license does not apply to any third party content stored at 2cast. Permission for use of such content must be obtained from the copyright owner. 2cast claims no ownership interest in the User Content.

User Content means any Content created or contributed to the Site by any user of the Services. You acknowledge and agree that if you contribute any User Content, including any widgets, you grant to 2cast a perpetual, non exclusive worldwide, royalty-free, transferable right and license to use in any way such User Content (including all related intellectual property rights) to provide the Services.

5. Copyright Infringement. 2cast respects the intellectual property rights of others. However, you agree that 2cast is not responsible for any violations of any intellectual property rights in any User Content. If you believe that your intellectual property rights have been infringed by another party please contact 2cast via the email address: support at 2cast.com

6. Disclaimer of Warranty and Limitations of Liability.

2cast expressly disclaims any responsibility or liability for the use of the Services by you.

THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL 2cast BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF 2cast HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7. Indemnification.

You agree to defend, indemnify, and hold harmless 2cast and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). 2cast reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with 2cast and its counsel in the conduct of such defense.

8. Forum and Choice of Law.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the federal courts located in the State of California, or state courts located in the county of Santa Clara and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. 9. Entire Agreement.

These Terms of Service constitute the entire agreement between the you, the user, and 2cast with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between 2cast and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable.