“CatFacter” or “You”, “you”, “Your”, “your” means the individual accepting the terms of this Agreement or the entity such individual represents, as applicable.
“App” means mobile or web application.
“CatFacts service” references any services offered to the CatFacter by CatFacts (Vennco LLC) including but not limited to the automated sending of SMS or text messages.
"willing parties" or "willing participants" references a person or persons who have agreed to receiving the CatFacts service and have not requested the service's termination.
"receiving parties" references the recipients of the CatFacts service. This is usually used to refer to the person or persons that receive the SMS or text messages from the CatFacts service.
CatFacts (Vennco LLC) is a service that allows individuals to send SMS messages to willing parties. CatFacts provides its services subject to the terms and conditions contained in these Terms of Service (this “Agreement”). To become eligible to use CatFacts under this Agreement, you must review and accept the terms of this Agreement by clicking on the “Continue” button in the CatFacts android app or other mechanism provided. CatFacts may update the Terms of Service without notice. Any and all changes will be reflected on the CatFacts website catfacts.co/tos with the date that it has been updated.
CatFacts cannot guarantee that the services will not be faulty, and will take reasonable commercial effort to correct reported faults and restore the services as soon as practicable. In addition, CatFacts cannot ensure that every SMS or text message will be delivered.
CatFacts has the right to revoke access to any and all CatFacts services if there is any breach of these Terms of Service or any actions that CatFacts deems unacceptable.
You acknowledge that CatFacts is not responsible in any way for any charges (monetary or otherwise) that you have caused to unwilling or willing participants of the CatFacts service.
You, the CatFacter, also agree to only use the CatFacts service on willing parties that have requested and consented to receive automated text messages or any CatFacts service. You also agree to stop any CatFacts service upon request of receiving parties. The CatFacter also takes full responsibility for any legal ramifications that result from the use of the CatFacts service.
You agree that any uses of the CatFacts service have been initiated by you due to human interaction.
The terms of this agreement will remain in force until the cessation, expiration, or termination of all of the CatFacts services.
Intellectual property rights in all software, information, technology, data, or design whatsoever supplied by CatFacts under the Agreement will remain the property of CatFacts or its licensors, and You agree to not copy, sell, modify, adapt, translate, reverse engineer, decompile, or disassemble or create deviated works of any services or software or other produces that form any part of the CatFacts services, or permit others to do so. Any intellectual property rights to any developments will be property of the developing party. Nothing in this Agreement or the services may be construed as grating, by implication, estoppel, or otherwise, any license or right to use an of the CatFacts trademarks displayed on the CatFacts services, without our prior written consent, and as between Us, CatFacts owns the goodwill generated from the use of the CatFacts trademarks.
You will defend and handle at your own expense, indemnify and hold harmless CatFacts, parent companies, subsidiaries, and affiliated companies, their respective officers, directors, employees, and agents, subcontractors, suppliers (each, an “indemnified party”) from and against any and all claims, remains, actions, damages, costs and expenses, or liability of whatever nature incurred or to be incurred by an indemnified party (including but not limited to costs of investigation and reasonable attorney and other third party fees and, to the extend permitted by law, fines and penalties) in connected with or arising from (i) Your use of the services other than as expressly authorized in this Agreement, (ii) Your infringement of any third party intellectual property rights in connection with or arising form your use of the CatFacts service, (iii) any breach of this Agreement, and (iv) any claims arising from information, data, or messages transmuted by You using the CatFacts service that CatFacts contend comprise a violation of CatFacts Acceptable Use Policy.
Price, Refunds, and Payment Terms
CatFacts will not provide any refunds for purchases made in the CatFacts App.
Acceptable Use Policy
This Acceptable Use Policy describes actions that CatFacts prohibits when any party uses CatFacts. CatFacts may not be used in any illegal, abusive, or other manner that interferes with the business or activities of any other party. The following list gives examples of prohibited uses of CatFacts. This list is provided by way of example and should not be considered exhaustive.
- Using CatFacts in any manner that violates any applicable industry standards, third party policies or requirements that CatFacts may communicate to its users, including without limitation, all of the application guidelines published by the CTIA, the Mobile Marketing Association, or any other accepted industry associations, carrier guidelines or other industry standards.
- Engaging in any unsolicited advertising, marketing, or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
- Using CatFacts in connection with any unsolicited or harassing messages (commercial or otherwise) including, but not limited to, unsolicited or unwanted SMS or text messages.
- Using CatFacts to engage in fraudulent activity with respect to third parties.
- Violating or facilitate in the violation of any local or foreign law, including laws regarding the transmission of data or software.
- Harvesting or otherwise collecting information about others, including email addresses or phone numbers, form the CatFacts App without their express consent.
- Improperly engaging in activity for which the United States Federal Communications Commission has restricted or regulated with regard to proper use of the public telephony network.
- Exploiting vulnerabilities in the CatFacts service that result in expenses or damages to CatFacts.
What information does the Application obtain and how is it used?
User Provided Information
The Application obtains the information you provide when you download and register the Application. You may not be able to use some of the features offered by the Application unless you register with us.
When you register with us and use the Application, you generally provide (a) your name, email address, user name, password and other registration information; (b) information you provide us when you contact us for help, and; (c) information you enter into our system when using the Application.
We may also use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.
Automatically Collected Information
In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
Do third parties see and/or have access to information obtained by the Application?
Yes, we may disclose User Provided and Automatically Collected Information.
What are my opt-out rights?
You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at firstname.lastname@example.org.
Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. If you'd like us to delete User Provided Data that you have provided via the Application, please contact us at email@example.com. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at firstname.lastname@example.org.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at email@example.com.