Terms and Conditions
The term "gotcha!" or "us" or "we" on this website refers to the owner of the website whose registered office is in Dallas, Texas. The term "you" refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without prior notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All Trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such of the website is subject to the laws of United States. Program Description
This program of gotcha! was designed to provide users with a means of publishing information that can be retrieved from mobile phones and the Internet. To use our SERVICES, you select a unique keyword. The use of such keyword with SERVICES does not grant you ownership of such keyword. gotcha! retains ownership of all keywords in its service and provides it to you for the period of time agreed upon, and paid for when joining service. gotcha! may determine, in its sole discretion, to limit the use of the Services, add data storage limitations, change fees for the Services or otherwise modify the Services in the future. You acknowledge and agree that these changes may take place and that gotcha! shall have no liability stemming from such changes.
Any additions or modifications to the Services shall be in the sole discretion of gotcha! and will be subject to these Terms of Service. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services - including, but not limited to, standard text messaging charges that will depend on the plan that you have with your wireless carrier. gotcha! uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of PROVIDER. By using the Services you agree that gotcha! shall not be liable to you for any modification, suspension or discontinuance of the Services. All materials displayed on the Site including, but not limited to text, graphics, news articles, charts, presentations, User communications, photographs, images and illustrations, shall be referred to herein as "CONTENT." gotcha! attempts to maintain a website that is absent of offensive, indecent or objectionable CONTENT. You understand that by using gotcha!, you may be exposed to this CONTENT. Under no circumstances will gotcha! be liable in any way for any CONTENT, including, but not limited to, the subject matter of any CONTENT, any errors or omissions in any CONTENT, or for any loss or damage of any kind incurred as a result of the use of any CONTENT posted, emailed, transmitted or otherwise made available via gotcha!.
By sending a text message "keyword" (a term or word sent to a short code to invoke a response message) to a short code(s) 55678, 80464 OR 32075, you expressly agree to receive promotional communications by SMS, and may STOP receiving them by replying to the short code with a text message using the words: STOP, END, or QUIT.
Alltel, AT&T, Cellular One Dobson, Cincinnati Bell, Nextel, Sprint, T-Mobile®, U.S. Cellular®, Verizon Wireless and other carriers upon their approval.
To Unsubscribe or end the services at any time please text STOP to 55678, 32075 or 80464. A confirmation text will then be sent to you stating that your request has been received to end the service.
Should you need HELP or assistance about this program, text HELP to 80464 at any time. Also, you may call 888-570-4438 or email us at email@example.com
If you opt-in to gotcha! Mobile Alerts, you will receive one message per a week.
Most campaigns are considered "standard campaigns" whereby Standard or Other message rates apply. "Message and data rates may apply." and "Charges are dependent on your service plan which may include fees from your carrier to send and receive text messages." Some premium content is available on a fee basis and will be communicated via MT text message (message send to subscriber).
When purchasing fee based content, you will receive a text message to explicitly agree to the fee. All fees are displayed within the text message. You agree to pay your mobile device operator the fee that corresponds to the content you select in accordance with the fees in effect at the time of your order. Unless otherwise indicated, the charges shall be invoiced on the bill from your participating mobile communications carrier. All fees are subject to change upon notice from gotcha!. gotcha! will provide you with reasonable notice of such change. All fees are due immediately and are non-refundable, except as otherwise expressly noted.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
- Will never, under any circumstances, sell or distribute an end user's cell phone number to third parties or your company's own clients without prior approval from the end user.
- Will never directly market to end users any services for which the end user has not opted in, either by cell phone, text message or email.
- Will never distribute any personal information about an end user, including phone number, name, billing information, or any other piece of identifying information to any individual or organization.
gotcha! may modify or terminate these Terms of Service from time to time, for any reason, and without notice, without liability to you, any other user or any third party, provided that when gotcha! does so, it will update these Terms of Service. You are advised to periodically check the website for changes. If you deviate with any part of these terms and conditions, please refrain from using our website.
Trademarks and Copyright
All trademarks, brands and service marks used in conjunction with the Services by PROVIDER shall be the property of gotcha!. gotcha! shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form, except as it relates to the personal use of the Services. This license does not apply to any third party content stored at PROVIDER. Permission for use of such content must be obtained from the copyright owner. gotcha! claims no ownership interest in the User Content.
User Content means any Content created or contributed to the Site by any user of the Services. You acknowledge and agree that if you contribute any User Content, including any widgets, you grant to gotcha! a perpetual, non exclusive worldwide, royalty-free, transferable right and license to use in any way such User Content (including all related intellectual property rights) to provide the Services.
This website and its content is copyright of gotcha! - © gotcha! 2011. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- You may print or download to a local hard disk extracts for your personal and non-commercial use only
- You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
PROVIDER respects the intellectual property rights of others. However, you agree that PROVIDER is not responsible for any violations of any intellectual property rights in any User Content. If you believe that your intellectual property rights have been infringed by another party please contact PROVIDER via email at firstname.lastname@example.org
Age Requirements and Limitations on Use of Services
Users of the Services must be at least 13 years of age. Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by gotcha!. If gotcha! determines that it has collected personal information of children under the age of 13, PROVIDER will immediately delete such information
Disclaimer of Warranty and Limitations of Liability
gotcha! expressly disclaims any responsibility or liability for the use of the Services by you. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL gotcha! BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
gotcha! requires cancellation in writing two days prior to customer's monthly renewal date. If the customer does not receive acknowledgement of cancellation from gotcha! within 24 hours (Monday - Friday, excluding holidays), customer must then contact gotcha! via phone requesting such receipt. If customer attempts to cancel after the predetermined cancellation period, customer will be charged for the next month. gotcha! does not offer prorated refunds.
These Terms of Service constitute the entire agreement between you, the user, and gotcha! with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between gotcha! and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable.