Terms of Service

POWOW is a text messaging service that provides person-to-person and group messaging. If you do not agree to the Terms of Service below, do NOT access, view, download, or otherwise use any aspect of the POWOW service.

TERMS OF SERVICE

The following terms and conditions govern all use of the POWOW service including without limitation the mobile application, backend servers, software and infrastructure, and website components of the service (collectively the "Service"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein, including the provisions calling for arbitration of disputes that may arise out of use of the Service, and all other operating rules, policies (including, without limitation, the POWOW Privacy Policy http://powowmessaging.com/privacy) and procedures that may be published from time to time on this website by OneLouder. (collectively, the "Terms").

AGREEMENT TO BE BOUND

Please read the Terms carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to be bound by the Terms. If you do not agree to the Terms, then you may not access or use the Service. OneLouder may amend the Terms from time to time and will provide notice of any substantive changes on this website. Continued usage of the Service constitutes acceptance of the amended Terms.

ABILITY TO ENTER INTO THIS AGREEMENT

The Service is available only to individuals who are at least 13 years old. By using the Service you represent that you are at least 13 years of age and otherwise able to enter into a valid and binding legal agreement and acknowledge that the Terms constitute a valid, binding agreement between you and OneLouder.

THE SERVICE

The Service enables you to send text messages to individuals and groups. You can create messaging groups with friends, coworkers, and other individuals and then allows you to send messages to those group. Each member of the group will be given a ten digit telephone number that represents the group. Sending SMS messages to the group number sends the message to the entire group. Please note that any text messages sent to the unique group number will be sent to every individual in the group, with the exception of commands (always prefaced with a "pw").

SERVICE MESSAGES AND CONSENT

Consent to add group members. The Service makes it easy for you to add group members to your groups so that you can exchange messages with each other. YOU REPRESENT AND WARRANT TO US THAT EACH PERSON YOU ADD TO A GROUP HAS CONSENTED TO BE ADDED TO THE GROUP AND TO RECEIVE TEXT MESSAGES FROM YOU AND ANYONE ELSE IN THE GROUP.

Consent to receive periodic messages from the Service. As part of the Service, administrative messages are sent to members of the group. For example, upon adding a new member to a group, such new member will receive a welcome message and instructions on how to stop receiving messages from the group. The Service may send other administrative messages as well. BY SIGNING UP FOR THE SERVICE, YOU AGREE TO RECEIVE TEXT MESSAGES FROM THE SERVICE, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU ADD TO A GROUP HAS CONSENTED TO RECEIVE TEXT MESSAGES FROM THE SERVICE.

Stopping Group messages. To permanently cease receiving text messages from any group, text PWLEAVE to the group number you have been provided.

TEXT MESSAGING FEES

Any text messages sent and/or received from the Service are subject to standard text messaging rates. Additionally, text messages sent and/or received count towards a monthly quota as any other messages do. Any users, whether sending or receiving text messages with the Service, should be aware that standard text messaging rates may apply. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your provider.

ACCOUNTS AND USE OF SERVICE

If you create an account/profile on the Service, you are responsible for maintaining the security of your account and groups, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your groups. You must immediately notify us of any unauthorized uses of your group, your account, or any other breaches of security. We will not be liable for any acts or omissions by any user, including any damages of any kind incurred as a result of such acts or omissions. Further, you agree that you will provide only truthful information in your user profile and will not falsify your name, phone number or spoof another individual’s phone number.

USER RESPONSIBILITIES

If you operate a group, post material to one, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. By using the Service, you assume responsibility for your use of the Service and agree not to use it in ways not explicitly authorized by OneLouder. You represent and warrant that you own and control all of the rights to the Content that you share using the Service, or you otherwise have the right to post or share the Content on the Service; and represent and warrant that the use and posting of the Content you supply does not violate the Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.

Using the Service means that you will:

  • only send messages to people who have expressly agreed to receive text messages from you, other members of the group, and the Service;
  • comply with all applicable laws and regulations;
  • not infringe on the intellectual property or privacy of others;
  • only share Content that is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • fully comply with any third-party licenses relating to the Content, and have completed all acts necessary to successfully pass through to end users any required terms;
  • ensure that the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • ensure that the Content is not spam, is not machine- or randomly-generated, and does not contain commercial content;
  • ensure that the Content is not being sent in connection with any unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • comply strictly with any carrier agreements and terms associated with your mobile device; and
  • not attempt to disrupt the Service.
LICENSE TO SOFTWARE

OneLouder may make available software to enable use of the Service (the "Software"). If Software is made available to you through the Service, your use of the Software is subject to the terms of the end-user license agreement (if any) that accompanies the Software; or, if no end-user license accompanies the Software, then subject to the terms and conditions of this Agreement, OneLouder grants to you only a limited, personal, non-exclusive, non-transferable license to install and use the Software in accordance with its documentation (if any), solely to enable your use of the Service. This limited license does not include any right to modify, distribute, prepare derivative works of, or grant sublicenses to use the Software. Furthermore, in order to protect the trade secrets and proprietary know-how contained in the Software, you will not decompile, disassemble, or reverse engineer the Software.

CONTENT

Any Content transmitted by groups is not representative of our opinions including our employees. Links may be transmitted in groups, none of which are endorsed by or affiliated with us. Please use your discretion in following these links and utilizing the Service and keep in mind that all use is governed by the Terms.

CONTENT LICENSING

By using the Service and submitting Content to a group, you grant OneLouder a world-wide, royalty-free, perpetual, fully sub-licenseable and non-exclusive license to reproduce, modify, adapt and publish the Content in connection with the Service. Without limiting any of those representations or warranties, OneLouder has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in OneLouder’s opinion, violates any OneLouder policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in OneLouder’s sole discretion. This may include modifying or stopping the Service in its entirety.

MODIFICATIONS TO AND TERMINATION OF THE SERVICE

OneLouder may periodically make updates to the Service. Disruptions to the Service are rare but may occur. OneLouder reserves the right to terminate the Service at its sole discretion. This may prevent you from accessing any Content made available through or on the Service.

Privacy Policy:

You agree to the terms of the Privacy Policy for the Service. To view the Privacy Policy, please visit http://powowmessaging.com/privacy

TERMINATION OF ACCESS TO CONTENT AND SERVICE

We reserve the right to block access to any Content and to terminate your or any group member’s access to the Service at any time, with or without cause, with or without notice, effective immediately. Provisions of the Terms which on their face are intended to survive shall survive such termination. Your access to Content may be terminated.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ONELOUDER AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ONELOUDER DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY MATERIAL TRANSMITTED OR STORED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONELOUDER OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

LIMITATION OF LIABILITY

NEITHER ONELOUDER NOR OUR AFFILIATES, LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY 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 ONELOUDER HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SOFTWARE OR SERVICE. UNDER NO CIRCUMSTANCES WILL ONELOUDER'S OR OUR AFFILIATES’, LICENSORS' OR SUPPLIERS' TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO ONELOUDER FOR THE SOFTWARE OR SERVICE OR $50. THE LIMITATIONS SET FORTH IN THIS AGREEMENT APPLY EVEN IF ANY LIMITED REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION ON CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold harmless OneLouder, its contractors, affiliates and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Software and/or Service, including but not limited to your violation of the Terms, or your breach of any representation or warranty contained in these Terms.

FORCE MAJEURE

We will not be liable to you for any delay or failure to perform any obligation under the Terms if the delay or failure is due to circumstances beyond our reasonable control.

MISCELLANEOUS

These Terms constitute the entire agreement between OneLouder and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of OneLouder, or by the posting by OneLouder of a revised version. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing or otherwise be authorized. There are no third party beneficiaries to the Terms. Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Updated October 2, 2012.

© 2014 OneLouder Inc.