June 1st, 2020
AS A CUSTOMER (AS DEFINED BELOW) OF CALL BOX, BY PROVIDING A MOBILE NUMBER ON OUR PLATFORM, YOU CONSENT TO OPT-IN TO CALL BOX’S SERVICES (AS DEFINED BELOW) AND AGREE TO RECEIVE TEXTS FROM CALL BOX. YOU CAN MANAGE THE SUBSCRIPTION TO THIS SMS OR MMS COMMUNICATION VIA THE PLATFORM AT ANY TIME. TEXT STOP AT ANY TIME TO OPT-OUT OF RECEIVING CALL BOX TEXT UPDATES. MESSAGE AND DATA RATES MAY APPLY.
AS A USER (AS DEFINED BELOW) OF CALL BOX, BY CONTINUING TO TEXT OUR CUSTOMER AFTER RECEIVING THESE TERMS, YOU EXPRESSLY CONSENT TO RECEIVING SMS OR MMS MESSAGE COMMUNICATION FROM OUR CUSTOMER USING OUR PLATFORM AND FURTHER AGREE TO RECEIVE MESSAGES FROM OUR CUSTOMER THAT MAY BE TELEMARKETING IN NATURE. TEXT STOP AT ANY TIME TO OPT-OUT OF THE TEXTING SERVICE WITH ONE OF OUR CUSTOMERS. MESSAGE AND DATA RATES MAY APPLY.
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the texting application services or API (the "Service", “Services”) operated by Century Interactive, d/b/a Call Box (“Call Box”, "us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all natural living individuals who access or use the Service. The use of the pronouns “You” or “Your” or the like shall refer to either Customers, Users, or both, as the case and circumstances may be.
The terms of service at callbox.com/terms-of-service (the “General Terms”) apply generally to all Call Box services, including these Services and the Platform (defined below), and the General Terms are incorporated by its reference as if fully set forth herein. These Terms are specific to the Services provided by Call Box. Any item not specifically covered by these Terms are covered by the Call Box General Terms located at callbox.com/terms-of-service. These Terms of Service shall control and govern over any conflict between these Terms of Services and the General Terms.
By using the Services, You represent and warrant that You have read, understood, and agree to bound by these Terms of Service. These Terms will remain in effect throughout Your use of the Services and certain provisions identified herein shall survive even after you cease or terminate using the Services. These Terms of Service are legally binding should You choose to register for or use the Service.
If You are under 13 years of age, You are not authorized to use the Platform. Please do not use the Services in any way.
Call Box’s Relationship with Our Customers
Call Box operates a communications platform (the “Platform”) for our Customers which connects businesses (“Customers”) to members of the public (“User”, “Users”) to provide and facilitate the Services. The Platform may be used by Customers and Users. In some cases, we partner with companies that enable the provision of texting services and/or have mutual business relationships with our Customers (“Third Parties”). In providing this service, Call Box does not involve itself in any services that might otherwise be performed by our Customers. You acknowledge that we are not a party to any agreement between a Customer and User. As a User, you agree that you are solely responsible for your interactions and agreements (if any) with the Customer and/or any third party, on or off the Platform. As a Customer, you agree that you are solely responsible for your interactions and agreements (if any) with the User and/or any third party, on or off the Platform. As such, all parties acknowledge that Call Box will have no liability or responsibility with respect to such interactions and agreements. In addition to the other indemnification obligations herein, each Customer of Call Box agrees to indemnify, defend, and hold harmless Call Box (and its owners, officers, directors, employees, representatives, and agents) from any and all claims (whether asserted or threatened), demands, suits, losses, damages, liabilities, judgments, fines, penalties, costs and fees (including attorney’s fees and costs and court costs) by a User or Third Party of Customer arising out of or relating to use of the Platform or Services of Call Box. This indemnification obligation shall survive the cessation of the use of the Platform or Services.
As a Customer or User, as the case may be, you acknowledge and agree that under no circumstances will we be liable for any direct or indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with use of SMS or MMS messaging regardless of the foreseeability of such damages or whether or not we have been advised of the possibility of such damages.
Your Use of The Services
By providing consent to opt-in to the receipt of text messages via the Services or the Platform, you: (a) acknowledge the Platform and Services are not Automated Telephone Dialing Systems (“ATDS”), (b) authorize Call Box to use non-autodialer technology to send text messages to the cell phone number associated with your consent (i.e., the number provided on the Platform); (c) acknowledge that you do not have to opt-in or agree as a condition of any purchase; (d) confirm that you are the owner of the relevant phone number used in connection with such opt-in or are otherwise authorized to provide such consent to opt-in for such number; (e) consent to the use of an electronic record to document your consent.
Call Box will not send marketing content unless you specifically opt-in to receive such marketing content.
As a Customer or User, your use of the Platform is at all times subject to these terms. As such, you are responsible for all content you post or transmit to the Platform (regardless of whether or not generated by you), including, without limitation, videos, pictures, messages, software, sound, code, text, or other materials (“Content”). You agree to not use the Platform to do any of the following:
AS A USER, BY CONTINUING TO TEXT OUR CUSTOMER AFTER RECEIVING THESE TERMS, YOU EXPRESSLY CONSENT TO RECEIVING SMS OR MMS MESSAGE COMMUNICATION FROM OUR CUSTOMER USING OUR PLATFORM AND FURTHER AGREE TO RECEIVE MESSAGES FROM OUR CUSTOMER THAT MAY BE TELEMARKETING IN NATURE. TO OPT-OUT OF THE TEXTING SERVICE WITH ONE OF OUR CUSTOMERS, SIMPLY TEXT BACK THE WORD “STOP” AT ANY TIME. YOUR OPT-OUT REQUEST MAY GENERATE EITHER A CONFIRMATION TEXT OR A TEXT REQUEST TO CLARIFY THE SERVICES TO WHICH IT APPLIES (IF YOU HAVE OPTED-IN INTO MORE THAN ONE). STANDARD TEXT, VOICE, OR DATA CHARGES MAY APPLY.
As a Customer, by using Call Box Services, you represent and warrant to Call Box at all times that the owners and intended recipient of the phone number, including Users and Third Parties, you initiate messages to through the Call Box Services or Platform have consented or otherwise opted-in to the receipt of such messages and broadcasts as required by and in compliance with any applicable law or regulation. You agree that, if using an ATDS or non-ATDS Third Party platform to communicate via our Services or Platform, You will obtain appropriate consent from the User when required to do so by applicable law or regulation. You also agree that, if using a Third Party platform to communicate via Call Box Services, you will include clear opt-out/unsubscribe information on your messages or broadcasts when required to do so by any applicable law or regulation and will otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages. You further agree that any individuals, including Users and Third Parties, requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and you further agree that you will immediately notify Call Box of such status in writing and cease any subsequent messages or broadcasts to any such individuals after they request DNC status. You agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through Call Box Services under all applicable federal, state, and local laws, rules, regulations, and ordinances, including by example, but in no way limiting, the following websites:
Federal Trade Commision, https://www.ftc.gov;
Federal Communication Commission, https://www.fcc.gov; and
DoNotCall Registry information, https://www.donotcall.gov; as well as
The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules, and various applicable state laws, rules, and regulations that place restrictions on the types of text messages similar to text messages sent as part of the Services described herein. Call Box is in no way attempting to interpret any laws, rules, or regulations (collectively, “Laws”) on behalf of Customer, does not represent or warrant that the above listed information is complete or exhaustive of the Laws which may apply to Customer and Users in connection herewith, and further Call Box does not represent or warrant that Customer is in compliance with such Laws by using Call Box’s Platform or Services. 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, broadcasts, and campaigns prior to using the Call Box API or Services. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns, and will be the one to control all aspects of determining how, when, and to whom communication is made.
As a Customer or User, you acknowledge and agree that Call Box may disclose your information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process and/or applicable laws or government requests, enforce these Terms, or protect the rights, property, or personal safety of Call Box, its Customers, Users and the public, and that such disclosure may be without your prior consent or knowledge (unless applicable Laws require otherwise). You further acknowledge and agree that Call Box shall not be held liable for any such disclosures made in connection with the foregoing.
As a Customer, you agree to disclose to every California resident User any personal information collected by You of the User via our Platform or Services, including what information is collected, how it is collected, how it is used by You and/or the Third Party platform you are using, and if You or the Third Party platform have plans to sell this information, all in accordance with California Law.
If you, as Customer or User, are dissatisfied with any portion of the Platform or with these Terms, your sole and exclusive remedy is to discontinue use of the Platform.
You, acting as a User or Customer, as the case may be, agree to indemnify, defend, and hold us, our affiliates and licensors, and each of our and their respective employees, contractors, officers, directors, and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs, expenses (including reasonable attorney’s fees and costs, and court costs), and any kind of injury (including death) arising out of or in connection with any claim arising out of or relating to: (a) Your use of the Services in a manner not authorized by these Terms or the General Terms, and/or in violation of the applicable restrictions, and/or applicable state and/or federal Laws, or (b) any negligence, gross, or intentional misconduct by you.
Warranties and Liabilities and Disputes
Call Box makes no representations or warranties, express or implied, to any actual or prospective services, ownership or condition of any items or services, or as to the accuracy or completeness of any information about the Services. Call Box cannot and does not verify or warrant the accuracy or completeness of such information. As a User, you agree that you are solely responsible for your interactions and agreements (if any) with our Customers and/or other Third Parties, in using the Services and on or off the Platform. You further agree that you will not hold Call Box liable or responsible with respect to such interactions and agreements. As a User or Customer, you agree that you will not seek to involve Call Box in any such dispute as a party, whether by way of cross-claim, counterclaim, third-party claim, or any other method.
Call Box transmits and receives text and data messages and voice broadcasts via other major telecommunications companies, mobile network operators, and other Third Parties; therefore, the timing of the transmission of your messages may be subject to delays or failures of transmission beyond Call Box’s reasonable control. You agree that Call Box shall not be liable for any loss incurred by you from the failure of a message or broadcast to be delivered by or between a Customer and User (as the case may be), and you further acknowledge and agree that Call Box shall not be held liable or responsible for any such failures or delays in transmission. Furthermore, you agree that message and broadcast contents transmitted through the Service and/or the Platform are deemed to have zero monetary value.
We may terminate or suspend access to our Service at any time, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms or our General Terms. Call Box reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice to you. Call Box shall not be liable to you for any modification, suspension, or discontinuance of the Service by Call Box.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, your obligations, disclaimers of representations and warranties, indemnity obligations, and limitations of liability.
As a Customer or User, you acknowledge that You may incur data, voice, or text messaging charges by using the Services. As such, You acknowledge these charges are Your sole responsibility.
The failure of Call Box to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
These Terms shall be governed by the laws of the State of Texas, without regard to its conflicts of laws principles. All parties agree that any dispute arising out of or relating to these Terms, the Platform, or the Services, shall be brought exclusively in the state or federal district courts located in Dallas County, Texas.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be severed out from these Terms, and the remaining provisions of these Terms remain in full force and effect as though such invalid or unenforceable provision was nonexistent.
We reserve the right, at our sole discretion, to amend, modify, or replace any or all of these Terms at any time, which such amendment or modification shall become effective as of the date identified opposite of the line “Last Updated” above. Your continued use of the Services or the Platform constitutes acceptance of the responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to use any of the Call Box Services after we post any such changes, you accept these Terms, as modified.
Century Interactive, d/b/a Call Box
6060 N Central Expwy, Suite 101
Dallas, TX 75206