Text Terms and Conditions
Company represents, covenants and warrants that Company will use the Text Platform only in compliance with the Acceptable Use Policy, located at www.wunderkind.co/terms/Text-aup/ (the “Acceptable Use Policy”), which is referenced and fully incorporated herein, and all applicable laws and regulations. Company hereby agrees to indemnify and hold Wunderkind harmless against any damages, losses, liabilities, settlements and expenses (including, without limitation, costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Wunderkind reserves the right to, in its sole discretion, modify or amend the Acceptable Use Policy as required.
- Company is responsible for (i) all actions taken by Company or its employees, contractors, agents or other individuals authorized by Company to access the Text Platform (collectively, the “Users”) on the Text Platform, including, without limitation, the Message content the Company and/or its Users provide, upload or deliver to the Text Platform, and (ii) the Users’ compliance with this Order Form, including, without limitation, the Acceptable Use Policy, such that a User’s breach of this Order Form constitutes a breach by the Company. Wunderkind has no obligation to review Message content the Company and/or its Users provide, upload or deliver to the Text Platform. Company shall (x) ensure that the user IDs, passwords and other access credentials for the Text Platform are kept in strict confidence, and (y) implement and maintain all such administrative, physical and technical safeguards as may be necessary to prevent unauthorized users from gaining entry or access to the Text Platform.
- Company will, immediately before the Text Platform Date, maintain and make available on each Company website (i) a statement of Company’s terms and conditions of use for the website and the Company’s text messages and (ii) a statement of the privacy practices of Company. Company will ensure the following are present on all instore campaign materials and webpages containing calls-to-action (i.e., opt-in forms or instructions for texting to opt-in): (i) legally sufficient disclosures and processes for consent, (ii) a URL to Company’s statement of the terms and conditions of use for the Site(s), and (iii) a URL to the Company’s statement of the privacy practices of Company.
Each statement of the terms and conditions required by these Terms must disclose that Company will send the Messages if any end user elects to receive marketing or promotional text messages, including such end user’s right to revoke her or his consent to receive such marketing or promotional text messages. For Company’s convenience, Wunderkind provides the following sample terms and conditions disclosure, but strongly encourages Company to work with its own counsel to ensure these disclosures accurately represent Company’s practices:
- Each statement of terms and conditions required by these Terms must also include (i) clauses requiring any disputes between Company and an end user to be resolved through arbitration and (ii) a class-action waiver by each end user of the Company.