Group USA and Camille La Vie ("we" or "us") understand that your privacy is important. We want you to understand what information we collect from users of our Services, how we handle that information and how you can contact us to correct any information that we may have.
NO RESALE OF YOUR INFORMATION. We do not sell or rent personally identifiable information to third parties for their marketing purposes. Outspoken, as our technology provider for delivering our Services, will receive your mobile device number when you "opt in" to receive the Services solely to deliver to you SMS/MMS from us.
CHILDREN'S POLICY. Protecting children's privacy is important to us. We do not collect or maintain information from those we actually know are under 13, and no part of our website is targeted to attract anyone under 13. We also do not send SMS or MMS to anyone who tells us that they are under the age of 13.
We also use your personally identifiable information to address problems, protect against error, fraud and criminal activity. We also may compare and review personal information to identify users using multiple identifications or aliases and to check for errors, omissions and accuracy. We also use your personal information to improve the Services and to analyze usage of the Services.
If you do not want to receive communications from us, and wish to discontinue the Services, you can opt out of the receipt of the Services at any time by opting out.
CHANGING AND DELETING YOUR INFORMATION. If you retain your same, originally registered, number, but transfer that number to a new device, you will continue to receive Services to the new device. If, however, you change your cell number, in order to continue to receive Services you will need to opt in again, entering your new cellular number, to which you wish Services to be directed. If you elect to discontinue and "opt out" of receiving Services, we will deactivate your account and remove your personally identifiable information from our active database, but we reserve the right to maintain your personally identifiable information in our records to be used for purposes such as fraud protection and to resolve disputes.
AGGREGATED INFORMATION. We may use your information for the purpose of providing aggregated information (that is not personally identifiable) about users to third parties.
DATA INTEGRITY. We collect personally identifiable information that is relevant for the purposes for which it is to be used. We will take reasonable steps to ensure that personally identifiable information is relevant to its intended use, accurate, complete, and current.
When you voluntarily provide us with information while registering with us, such as your mobile device number, your information is encrypted and transferred over a Secured Sockets Layer (SSL) connection, available on browsers such as Firefox or Microsoft Internet Explorer. You should take care using e-mail to send personally identifiable information to us, as e-mail travels unencrypted and can be read by anyone who receives or intercepts it. Once your information reaches us, we store it behind a secure firewall that blocks access to the information from outside of our network. Only our and Outspoken-authorized individuals, or our successor service providers are allowed to access the information.
HOW CAN YOU ACCESS YOUR INFORMATION? For text messaging support you can contact Outspoken at 866.449.2100 or email@example.com
TEXT MESSAGING SPECIFICS MANAGED BY Outspoken Anyone can receive mobile messages from an Outspoken managed shortcode by opt-in to an approved mobile program. Outspoken's products and services are supported on the following mobile carriers:
Acg_C-Spire f.k.a. CellularSouth
Interop_Illinois Valley IVC
Interop_NW Missouri Cellular
Interop_West Central Cellular
Virgin Mobile USA
HOW CAN YOU OPT OUT OF MARKETING COMMUNICATIONS FROM US? While most of our visitors appreciate the Services that registration allows Us to provide, we respect the right of each visitor to control how his or her personally identifiable information is used. If you do not wish to receive communications about special offers or programs from us, you can opt out when the information is collected. You can Opt-Out or Unsubscribe from any text message service at any time.
TEXT MESSAGING SUPPORT & HELP Help is available online (support@Outspoken.com) 24 hours a day, 7 days a week or by calling 877-261-8548 or by texting HELP to 51515.
IN THE EVENT OF A CORPORATE CHANGE IN CONTROL OF US OR Outspoken, WHAT HAPPENS? Should there be a corporate change in control, through merger, acquisition or bankruptcy; the information we have collected from you will be transferred to the new party-in-control of our business.
Date: [March 27, 2014]
(2)- sends us messages via SMS or MMS. The only messages - and only content - you will be sending to us will be responses to "votes" we transmit to you, your request to terminate our SMS and/or MMS messages, or your inquiries to "HELP". Please do not send any other content to us through these Services.
Mobile Account Owner: If you are not the mobile account owner (for example, if this is a mobile device your parents have provided for you), you represent and promise to us that you have the permission of the mobile account holder (for example, your parents) to use the Services and to enter into this Agreement. We will hold you responsible for any claims by the actual account holder if you do not in fact have this express permission.
Age and Permission: You represent and promise to us that (1) you are of legal age (at least 18 years or older) to enter into this Agreement, or are at least 13 years of age and have your parent/guardian’s permission to use the Services. If you are not at least 13, do not use this Service, and please "opt out". If you are 13, and you do not have permission, please do not use this Service and please "opt out".
What We Will Send You When You Sign Up for Our Text Alert Program: When you agree to subscribe for Our text alert program you are expressly consenting to receive up to six messages per month containing information about Us, our products, promotions, events, news, videos, and similar material. This may include several seconds of our identity footage and / or several seconds of our advertisement content.
Texts may be sent via an automatic telephone dialing system. There is no purchase necessary to receive messages. If you reply to any of these messages, such as texting in a vote, you may receive additional response messages, which are in addition to the six (6) messages we talked about in the prior paragraph of these Terms. If you join another of our mobile campaigns, you will receive additional messages for that campaign. This is also in addition to the six messages we talked about in the prior message.
Stopping Our Messages: You may opt out of, and stop receiving, and cancel, the Services at any time by texting the word STOP to 51515 from the enrolled mobile device. If you sign up for our Services through more than one mobile device, you must opt out from each device. If you opt out, you will receive one additional message confirming that you will no longer receive messages from any of our mobile campaigns.
Message and Data Rates May Apply -Your Carrier May Charge You For These Messages. We do not charge a fee for the Services, nor do you need to make any purchase with us to receive the Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send to you or that you send to us. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your agreement to receive and use the Services.
Delivery Not Guaranteed: The Services may not be available in all areas at all times. SMS/MMS messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit SMS/MMS messages to you, or receive SMS/MMS messages from you, and we have no liability for any such transmission delay or message failure. The Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device. If you opt-out, but then receive another SMS/MMS, it may be due to one of these failures. Please call our technology service provider, Outspoken at 866.449.2100 if this happens so we can remove you from the Service.
Your Wireless Service: You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service. We cannot otherwise deliver the Services to you.
No Resale: You may not use, sell or otherwise exploit the Services for any commercial purposes.
Hacking and Similar Activity: You agree that you will not take any action that imposes an unreasonable or disproportionately large burden on the infrastructure of our systems or networks, or any systems or networks connected to the Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or with any other person’s use of the Services. You may not attempt to gain unauthorized access to any systems or networks connected to the Services.
Changes to the Services: The Services may be changed or discontinued without prior notice to you. We and our suppliers and affiliates are not responsible to you or any third party for any damages arising from your use of the Services or its modification, suspension, or cancellation. If the Service is cancelled, you will not receive any other SMS or MMS from this program. If this Service changes, we will send you a notice and ask you to "opt in" to continue to receive Services. . If you do not agree to any such changes, you must cease use of the Services.
General Disclaimer: the Services are provided "as is" with all faults without warranty of any kind, either expressed or implied. To the fullest extent permitted by law, we disclaim all warranties, expressed or implied including, without limitation, those of merchantability, fitness for a particular purpose and non-infringement or arising from a course of dealing, usage, or trade practice. We shall not be liable for any indirect, special, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the services, even if we have been advised of the possibility of such damages.
WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) FEES CHARGED TO YOU BY YOUR MOBILE SERVICE PROVIDER FOR DELIVERY OR TRANSMISSION OF TEXT MESSAGES OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification: You agree to defend, indemnify, and hold us, our affiliated companies, employees, representatives and agents harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Services.
- refuse to transmit and/or delete any message,
- restrict or prohibit and terminate your use of the Services, and/or
- seek all remedies available by law and in equity for such violations.
Time Limitations on Claims: To the fullest extent permitted by law, you agree that any claim you may have arising out or related to this Agreement, the Services and/or the delivery or receipt of the Services, and/or your discontinuation of the Services, must be filed within one year after your claim arose, otherwise you agree you will have forfeited your right to bring that claim against us.
Choice of Law: Disputes and Forum for Disputes: If you have a dispute or concern regarding the Services, this Agreement or Us, please contact us at 877-867-7600 or www.camillelavie.com; and if you have a dispute regarding the MMS or SMS content you receive, please contact Outspoken at 866.449.2100 or firstname.lastname@example.org. We encourage our customers to contact us directly to resolve any concerns you may have.
This Agreement and all claims arising out of or related to this Agreement and/or the Services, will be governed in all respects by the laws of the State of New Jersey without regard to conflict of laws provisions. We both agree that any dispute between us or involving this Agreement, the Services and/or your receipt or termination of the Services, will be brought exclusively in the courts of the State of New Jersey unless we agree otherwise. You agree to submit to the jurisdiction of the New Jersey courts and agree to waive any claim of inconvenient forum and/or immunity.
Date: [March 27, 2014.]