SMS for Business
My Fave Places LLC “SMS for Business” marketing service is provided through Made Simple Ventures LLC SMS & MMS marketing platform (known as “SimpleTexting Services”).
You represent and warrant that the owners of the phone numbers you initiate messages to through SimpleTexting Services have consented or otherwise opted-in to the receipt of such messages and broadcasts as required by any applicable law or regulation.
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.
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 SimpleTexting Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages transmitted through the SimpleTexting Services by visiting the following websites:
• Federal Trade Commission, http://www.ftc.gov
• Federal Communications Commission, http://www.fcc.gov
The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission and various state laws, rules and regulations place restrictions on certain types of SMS or MMS messages. My Fave Places or SimpleTexting is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages prior to using the SimpleTexting Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages.
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 SimpleTexting Sites or Services.
You accept that the Services are provided for professional use only, and you agree that your use of the SimpleTexting Sites or Services shall not include:
Sending unsolicited marketing messages (i.e. spam);
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;
Using any equipment or software that has the capacity to initiate messages without human intervention, in conjunction with your use of the Services;
Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;
Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
Harvesting, or otherwise collecting information about others, without their consent;
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;
Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or y other harmful/deleterious programs;
Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
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;
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 SimpleTexting;
Interfering with another’s use and enjoyment of the Services or My Fave Places or SimpleTexting Sites; or
Engaging in any other activity that My Fave Places or SimpleTexting believes could subject them to criminal liability or civil penalty/judgment.
You agree to provide legally required contact information in any outbound message when and where required by any applicable local, state, national or international law or regulation. You further agree that neither My Fave Places or SimpleTexting is, under no circumstances, responsible for the contents and/or accuracy of your messages and SimpleTexting will only transmit them on a basis of good faith that you use the Services in accordance with these Terms.
You are solely responsible for providing the content of all messages initiated by you through the Services. My Fave Places or SimpleTexting will not be liable for any misuse of the Services by you. My Fave Places or SimpleTexting are not responsible for the views and opinions contained in any of your messages or broadcasts.
Effective November 28, 2018