Please read these terms and conditions carefully. By checking the box to sign
up for one or more text messaging programs, you expressly consent to receive
non-marketing and marketing text messages from Use Media Inc.
(“Company”) and others texting on its behalf, including text messages made
with an autodialer, at the telephone number(s) that you provide. You may
opt-out of these communications at any time, and consent to receive
marketing text messages is not required to purchase any goods or services.
You also accept and agree to be bound by these SMS Terms and Conditions
and any other applicable terms and agreements related to your use of
Company and its service providers may use an automatic telephone dialing system
(“autodialer”) to deliver Company text messages to you. Company text messages
are intended to provide you with information about upcoming deliveries and
Company’s goods and services (e.g., Company-sponsored events, coupons,
promotions, product launches, sweepstakes, and contests).
The number of Company text messages that you receive will vary depending on
how many of Company’s text messaging programs for which you sign up to
receive messages. You will receive a maximum of two messages per month per
Company text messaging program. Company brands, programs and websites
generally have separate text messaging programs.
Message and data rates may apply to each text message sent or received in
connection with Company text messages, as provided in your mobile telephone
service rate plan (please contact your mobile telephone carrier for pricing plans), in
addition to any applicable roaming charges. Company does not impose a separate
fee for sending Company text messages.
Supported carriers may change from time to time, but currently include AT&T, T-
Mobile, Verizon Wireless, Sprint, Nextel, Boost, Alltel, US Cellular, and Cellular
One, among others.
How to Opt-In
To opt-in to receive text messages from a Company text messaging program(s),
please follow the instructions provided by the specific program from which you
wish to receive messages. This will usually be in the form of an affirmative opt-in
option on a web page or entry form. If you have opted-out and wish to opt-in, reply
START to the phone number the text messaging program for which you previously
How to Opt-Out
To stop receiving text messages from a specific Company text messaging
program, text STOP to the phone number provided for the text messaging
program from which you no longer wish to receive message (i.e., the phone
number from which its text messages are being sent). You will then receive
confirmation of your opt-out of that text messaging program. This will only opt
you out of the specific text messaging program associated with that phone
number. You will remain opted in to other Company text messaging programs.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s)
that you provide. You are responsible for notifying Company immediately if you
change your mobile telephone number. You may notify Company of a number
change by submitting a “contact us” form on the website associated with the
specific text messaging program you opted into.
You agree to indemnify Company in full for all claims, expenses, and damages
related to or caused in whole or in part by your failure to notify Company if you
change your telephone number, including, but not limited to, all claims, expenses,
and damages related to or arising under the Telephone Consumer Protection Act.
Access or Delivery to Mobile Network is Not Guaranteed
Delivery of information and content to a mobile device may fail due to a variety of
circumstances or conditions. You understand and acknowledge that network
services, including but not limited to mobile network services, are outside of
Company’s control, and Company is not responsible or liable for issues arising
To request more information, text HELP to the phone number for the text
messaging program about which you have questions (i.e., the phone number
from which its text messages are being sent).
To receive Company text messages, you must be a resident of the Australia,
Canada or the United States and 18 years of age or older. Company reserves the
right to require you to prove that you are at least 18 years of age.
Changes to Terms and Conditions
Company may revise, modify, or amend these SMS Terms and Conditions at any
time. Any such revision, modification, or amendment shall take effect when it is
posted to Company’s website. You agree to review these SMS Terms and
Conditions periodically to ensure that you are aware of any changes. Your
continued consent to receive Company text messages will indicate your acceptance
of those changes.
Termination of Text Messaging
Company may suspend or terminate your receipt of Company text messages if
Company believes you are in breach of these SMS Terms and Conditions. Your
receipt of Company text messages is also subject to termination in the event that
your mobile telephone service terminates or lapses. Company reserves the right to
modify or discontinue, temporarily or permanently, all or any part of Company text
messages, with or without notice.
Communications and Consent to Electronic Notices
You may communicate with Company via postal mail, telephone, and our website.
Company may issue notices via these various channels, including by sending e-
mail to an address you provide. You agree that such notices shall have legal effect.
You also agree that notices sent by e-mail satisfy any requirement that notices be
provided in writing. If you do not agree, do not use Company products or services.
You may have the right to withdraw your consent to receive certain electronic
communications, and, when required by law, Company will provide you with
paper copies upon request. You may make such a request via any of the channels
listed above. If you withdraw your consent, Company reserves the right to
terminate your use of Company’s products or services.
To receive, access, and retain the notices that Company sends via e-mail, you must
have Internet access and a computer or device with a compatible web browser.
You will also need software capable of viewing files in PDF format. Your device
or computer must have the ability to print, or download and store, e-mails and PDF
files. By accepting these terms, you confirm that you are able to receive, access,
and retain the notices that Company may send.