Terms & Conditions
Effective Date: June 8, 2018
WELCOME TO AMPLIFY SELL BY TEXT! WE ARE OWNED AND OPERATED BY IQX CORP.
BY USING AMPLIFY SELL BY TEXT, YOU AGREE TO NOT TEXT WHILE DRIVING ANY VEHICLE.
iQX Corp. (“we”, “us”, “our”) are committed to providing quality services and protecting the privacy of users of Amplify Sell By Text (“Services”). Our Services provide an interactive buying experience through the use of SMS and MMS text messaging. STANDARD TEXT MESSAGING RATES APPLY. Our Services communicate opportunities to purchase live event tickets, live experiences, products, merchandise, and/or services (“Offers”) from third-party ticketing companies, event promoters, venues, festivals, merchants, and businesses (“Partners”).
Our Services require you to opt-in to our automated telephone dialing system. When you request to opt-in and use our Services, we will send you a text message asking you to confirm that you would like to opt-in to our Services. When you reply YES to the confirmation message, we will create an account for you (“Account”).
We reserve the right to make changes to these terms periodically. Persons who use our Services (“you” or “user”) are required to visit this page from time to time to view any changes we have made to our Terms. If we make changes to our Terms, your continued use of our Services means that you accept those changes. If you disagree with those changes, please text the word STOP to the Services long or short code you are receiving messages from (e.g., text STOP to 84-882) and you will immediately be opted-out from receiving any further messages from us.
1. INFORMATION COLLECTION PRACTICES
When you opt-in to receive text marketing and sales messages from us, you are agreeing to receive recurring marketing messages from time to time through an automated telephone dialing system. These marketing messages may include offers to purchase tickets to live events and experiences, to purchase merchandise and/or other offers from partners of ours (“Partners”). When you interact directly with our Services, we collect and may share with our Partners, some personally identifiable information from you, including your mobile phone number, payment information, full name and email address. We also receive and store certain additional types of information which, in general, do not directly identify you. For example, we automatically receive and record information on our server logs from your browser or device including your IP address, browser type and language, referring/exit pages and URLs, other browser history, device type, platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time. This Section of the Policy outlines the various ways that information is collected from our Services. Please fully review this Policy before you use our Services or submit information to us.
1.1 Information that You Provide.
a. Opting-In Registration. When you receive and engage with Offers from our Partners through our Services, you must provide your current, complete, and accurate information. It is your responsibility to keep your information up to date. We are not responsible for any problems, interruptions in access, or liability that may arise if you do not give us complete and accurate information.
b. Correspondence. If you send us personal correspondence, such as emails or letters, or if other users or Partners send us information and/or give us access to information about your use of our Services, we may save the information in your Account.
1.2. Automatically Collected Information. We will automatically collect some information about you and any product or device you use to access or use our Services using a variety of technologies. In general, automatically collected information about use of our Services does not directly identify you and the information may include your diagnostic log information, IP address, browser type and language, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time. We also collect data related to sales through the Services by our Partners, and data related to how you interact with our Services. We collect this information for the purposes described in these Terms, including to better understand our customer base and to improve the quality of our Services.
1.4. Information from Other Sources. We may obtain both personal and non-personal information about you from our Partners, contractors, and other third parties, and add it to your Account information or other information we have collected.We may also collect information from Integrated Services that you connect to the Services.
2. USE OF INFORMATION
2.1. General. We may use your personally identifiable information (including tracking information) to manage your Account. We may also use it to operate, maintain, and improve our Services (including providing you a more personalized experience); communicate with you; provide you information about products and services (including products and services of third parties); market; research purposes; resolve disputes; collect fees owed; detect and protect against errors, fraud, and criminal activity; assist law enforcement; enforce these Terms; and any for any other purpose described in these Terms or that we describe to you at the time of collection.
2.2. Email Communications. We may use your personally identifiable information to send you emails or other communications related to your Account or our Services, or in response to your inquiries or requests. You may not opt-out of receiving service-related messages that are not promotional in nature. If you would like to stop receiving marketing emails from us, please click on the unsubscribe link at the bottom of any marketing email you receive. If you opt-out, you will continue to receive service-related emails.
2.3. Non-identifying Information. We may use non-identifying information for any lawful purpose, including analyzing trends, research, Services administration, tracking users’ movements around the Services, and to improve our business and the Services.
2.4. Retaining Your Information. In general, we will retain your information indefinitely, or as long as legally required or allowed. If you cancel your Account or your Account is otherwise terminated, we may, but are not obligated to, delete information we have collected or obtained from third parties and we may continue to use and disclose it in accordance with this Policy.
3. INFORMATION SHARING
3.1. Generally. We will not sell or rent any of your personal information to third parties for marketing purposes. However, we may disclose your information to any Partner, affiliated entity or organization, and to agents and service providers. We may also share non-identifying information with third parties for any lawful purpose to improve our business, products, services, and the Services for you. Use of information by Partners, affiliated entities and organizations will be subject to these Terms or an agreement that is at least as restrictive as theses Terms. For information on use of information by agents and service providers see Section 4 (Third Party Providers).
3.2. Legal Requirements. In some cases, we may disclose your personally identifiable information as required by law; if we believe that disclosure is needed to protect our rights; to government regulators; to law enforcement authorities; in connection with any judicial proceeding, court order, subpoena, or legal process served on us or our Services; and to respond to a physical threat to you or another person.
3.3. Insolvency and Business Transitions. If we ever file for bankruptcy or engage in a business transition such as a merger with another company or if we purchase, sell, or reorganize all or a part of the Services or our business or assets, we may disclose your personal information, including to prospective or actual purchasers in connection with one of these transactions.
3.4. Disclaimer. We cannot ensure that all of your personal information will never be disclosed in ways not otherwise described in these Terms. For example, we may be required to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Services. No transmission of data over the internet can be 100% secure.
4. THIRD-PARTY PROVIDERS
4.1. Partners. We do not warrant that Offer specifications, pricing, or other content made through our Services by our Partners is complete, accurate or error free. In the unfortunate event that any error relates to an underlying Offer, we reserve the right to refuse or cancel orders in our sole discretion. If we have charged your credit card prior to cancellation, we will refund your credit card.
4.2. General. We use third parties to help us operate and improve our Services. We may provide these third parties information we collect and they may collect information from you and about your use of the Services. We may provide information we collect to third parties and it will, unless specifically noted otherwise in these Terms, be governed by these Terms and may only be used by those third parties to help us operate or improve our business or our Services and to provide services to us. We do not control information collected by third parties and are not responsible for their use of that information. Please review their terms of service and privacy policies for more information on their information collection, use, and sharing practices.
4.3. Payment and Financial Services Providers.
b. We use third party payment processors to assist us in processing your personally identifiable payment information securely. Such third-party processors’ use of your personal information is governed by their respective terms of service and privacy policies which may or may not contain privacy protections as protective as these Terms (https://www.braintreepayments.com/legal) and (https://www.stripe.com/privacy-shield-policy).
5. ONLINE TRACKING AND YOUR CHOICES
6. INFORMATION SECURITY MEASURES
Keeping secure personal information that we collect is of great concern to us. While we have mechanisms in place to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. For Canadian residents, we will provide some or all our Services from systems located within the United States or other countries outside of Canada. As such, information that we collect may be transferred, processed and stored outside of Canada. When you provide information to our Services, you do so at your own risk.
The Services are intended for general audiences and are not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us by using the contact information in the Privacy Questions section at the bottom of these Terms, and we will take steps to remove the information and terminate the child's Account.
Any individual under the age of 18 may request that his or her information, including content posted to the Services by that individual, be removed from our Services by contacting us by using the contact information in the Privacy Questions section at the bottom of this Policy, and we will take steps to remove the information. It is important to note that removal of content or termination of an Account does not ensure complete or comprehensive removal of the content or information posted through the Services.
8. CALIFORNIA SHINE THE LIGHT LAW
California Civil Code Section 1798.83 permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed personal information (as defined under that statute) of that California resident, for direct marketing purposes in the preceding calendar year and the categories of that kind of personal information that was disclosed to them. If you are a California resident and you wish to make such a request you may contact us by using the contact information in the Privacy Questions section at the bottom of this Policy.
9. ACCESSING AND UPDATING YOUR PERSONAL INFORMATION
If would like to update your personally identifiable information associated with your Account, you may do so by contacting us at firstname.lastname@example.org. If you do not want your information accessed or stored as described in these Terms, you should not access, use, or register an Account with our Services.
10. DISPUTE RESOLUTION
By using our Services, you agree that if a dispute, claim or controversy of any kind arises out of or relates to these Terms or to your Account or any transaction involving your Account, either you or we can choose to have that dispute resolved by binding arbitration. This arbitration provision limits your ability to litigate claims in court and your right to a jury trial. You will not have the right to participate as a class representative or member of any class of claimants for any claim subject to arbitration. This arbitration provision shall survive termination of this Agreement and the closing of your Account.
11. INTELLECTUAL PROPERTY
The content on our Services included in Offers from our Partners or from us, including without limitation, any text, software, graphics, photos, sounds, music, videos, interactive features and any trademarks, service marks and logos, contained therein (collectively “Materials”) are owned or licensed to us, subject to copyright, trademark and other intellectual property rights under the United States and foreign laws and international conventions. You agree not to circumvent, disable, or otherwise interfere with the security related features of our Services or features that prevent or restrict use or copying any Materials or content.Modification of any Materials or unauthorized use of any Materials is a violation of our copyrights and proprietary rights, or of other entities and persons where so indicated, unless we or the owner has provided said Material for such express purpose. All design rights, databases and compilation and other intellectual property rights associated with our Services, in each case whether registered or unregistered, and related goodwill, are proprietary to us.
12. PRIVACY QUESTIONS
If you have questions or concerns about our privacy practices, please email us at: email@example.com.