Terms of Use

Get Sendy Media, operated by Orca Marketing Corp. ("Get Sendy" or "we", "our" or "us") operates the Get Sendy Media platform, which includes the Get Sendy Media website, the Get Sendy Store, our subscription service(s) (if any), our affiliated websites, mobile apps, and OTT apps, and all related social media pages (the foregoing, and all content, features, and materials thereon, shall hereinafter be collectively referred to as the "Platform").

These Terms of Use include our policy for acceptable use of the Platform. These Terms of Use also incorporate, by this reference, (1) our Privacy Policy, which explains how we collect and use your information and data, (2) our Exclusive Content License & Submission Policy, which governs your submission and our use of your content ("Your Content"), (3) our Subscription Terms, which apply should you choose to purchase a subscription or one-time event through certain Get Sendy offerings, and (4) our Messaging Terms and Conditions, which apply should you choose to receive recurring automated promotional and personalized marketing text messages from us. The Terms of Use, Privacy Policy, Exclusive Content License & Submission Policy collectively shall be referred to as the "Agreement" and govern your rights, obligations, and restrictions regarding your use of the Platform.

In order to participate in certain services on the Platform (e.g., if you make a purchase or enter a contest), you may be notified that you are required to agree to additional terms and conditions. Such additional terms are hereby incorporated into this Agreement by this reference but such additional terms shall control solely for the applicable service.

We may modify this Agreement from time to time, and such modification shall be effective upon posting on the Platform. You will be deemed to have agreed to any such modifications by your further use of the Platform after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Platform immediately.

CONTENT

Proprietary Rights

With the exception of content posted by users of the Platform ("User Content"), all materials contained on the Platform, including all content, and the software, graphics, text, and look and feel of the Platform, and all trademarks, copyrights, patents, and other intellectual property rights related thereto ("Proprietary Materials"), are owned or controlled by Get Sendy, Orca Marketing Corp, our subsidiaries or affiliated companies, contributors, our third-party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Platform, in whole or in part, unless specifically stated otherwise. Subject to your compliance with this Agreement and any other relevant policies related to the Platform, we grant you a non-exclusive, non-transferable, revocable limited license, subject to the limitations herein, to access and use the Platform and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Platform. You agree not to use the Platform for any other purpose.

Validity of Assertions

Our Platform is intended to provide you with various content and may contain published rumors, speculations, assumptions, and opinions in addition to factual information. We may comment on articles published by third parties. Therefore, any statements about facts not personally known to our authors should be interpreted as statements of alleged facts.

Distribution/Uploading Of Content

All terms relating to the posting, use, and distribution of Your Content can be found in our Exclusive Content License & Submission Policy.

Third-Party Content & User Content

You acknowledge that Get Sendy is an online service provider that may post content provided by users. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including content posted by our contributors or User Content, are those of the respective authors and not of Get Sendy or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third-party content in a limited gatekeeper fashion and have no obligation to investigate whether any content or other User Content violates any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Platform by anyone other than Get Sendy.

Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Platform retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.

Subscription and Other Purchased Content

We may offer certain content on a subscription or one-time purchase basis that will require you to pay fees in order to access such content. All recurring subscriptions and other content purchases will be governed by our Subscription Terms.

Content Related to Gambling/Betting

Certain sites within our Platform may include content related to gambling/sports betting. All this content is being provided for entertainment purposes only. It should not be seen as advice or the endorsement of any form of gambling. Our Platform does not give you the opportunity to gamble or wager anything of value. If you choose to gamble outside of our Platform, you do so at your own risk.

If you have concerns about your gambling - or if you're concerned about a friend or family member - organizations like the National Council on Problem Gambling (NCPG) offer support and counseling referrals that may help you through personal, gaming-related issues. The NCPG operates a 24-hour confidential toll-free helpline that you can reach by phone or text at 1-800-522-4700 or chat at ncpgambling.org/chat. For additional information or resources relating to problems with gambling, please visit the websites for National Council for Problem Gambling and/or National Center for Responsible Gaming.

CONDUCT

You, as a user, agree to use the Platform only for lawful purposes. Without limiting anything else above, specific prohibited activities include, but are not limited to:

  1. Depicting, encouraging, or partaking in criminal or tortious activity, including fraud, trafficking in obscene or illegal material, drug dealing or using, underage drinking, gambling, violence, harassment, stalking, spamming, spimming, sending viruses, or other harmful files.
  2. Depicting, encouraging, or partaking in dangerous activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
  3. Posting, uploading, or sharing content that violates any of the prohibitions herein or that constitutes copyright infringement, patent infringement, or theft of trade secrets.
  4. Attempting to circumvent, disable, or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein.
  5. Using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials.
  6. Interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform.
  7. Attempting to impersonate another user or person.
  8. Soliciting personal information from anyone under 18.
  9. Collecting, harvesting, soliciting, or posting passwords or personally identifiable information from other users.
  10. Using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account.
  11. Using any information obtained from the Platform in order to harass, abuse, or harm another person, whether a user or a contributor.
  12. Using the Platform in a commercial manner.

You represent and warrant that neither your actions on the Platform nor Your Content will violate any of the prohibited conduct described above. Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Platform.

COPYRIGHT

If you believe that any content, including User Content or other materials, posted on the Platform constitute an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: copyright@getsendymedia.com.

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION

In order to access certain features of the Platform (e.g., comments section), you will be required to register for an account with us (an "Account"). When creating or updating an Account, you are required to provide us with certain personal information, such as your e-mail address or, in the case of purchases, your name, billing/shipping address, and credit card information. This information will be held and used in accordance with our Privacy Policy.

You may never use another's Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.

You are responsible for (i) keeping confidential any password that you created to use any aspect of the Platform requiring registration and (ii) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any part of your Account.

Although we will not be liable for your losses caused by any unauthorized use of your Account, whether with or without your knowledge, you may be liable for our losses or the losses of our contributors, third-party licensors, content providers, merchants, advertisers, sponsors, and service providers (collectively, "Get Sendy Providers") due to such unauthorized use.

Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Platform at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Platform. We expressly reserve the right to restrict, suspend, and/or terminate your access to any part of the Platform if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.

LINKS

The Platform may contain links or otherwise direct you to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third-party site.

We reserve the right to disable links from or to third-party sites.

GET SENDY STORES

If you order products from one of the Stores made available through our Platform, including the official Get Sendy Store (located at getsendymedia.com or getsendy.media), the following terms apply:

Products/Orders

Certain products or services may be available exclusively online. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

We reserve the right to refuse any order you place with us. In the event that we cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Pricing/Taxes

All pricing is subject to change without prior notice. We reserve the right to adjust the price of any product sold through our online stores at any time in our sole discretion. In the event that a product is listed on the Website at an incorrect price due to a typographical error or error in pricing information, we will have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will make reasonable attempts to notify you and will issue a credit to your credit card account in the amount of the incorrect price.

THIRD-PARTY MERCHANTS / PROVIDERS

The Platform may enable you to order and receive products, information, and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services and are not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Platform.

In addition, the Platform may prompt you to establish an account with a third-party service provider not owned or operated by us. Your agreement and understanding with any such third-party service provider is solely between you and such service provider. We will not be a party to or in any way be responsible for your agreement with such third-party service provider. Any disputes you may encounter with such third-party service provider shall be settled solely between you and the service provider.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE PLATFORM AND ALL PRODUCTS AND SERVICES OFFERED HEREON ARE PROVIDED BY US AND OUR WEBHOST ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY GET SENDY PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE PLATFORM WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE PLATFORM; OR (IV) THAT THE SERVERS, OR EMAILS SENT FROM OR ON BEHALF OF GET SENDY, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GET SENDY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTIONS OF ITS USERS OR THE CONTENTS OF ANY USER CONTENT.

NEITHER WE NOR ANY GET SENDY PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE PLATFORM OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF WE OR SUCH GET SENDY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL GET SENDY BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID GET SENDY IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE PLATFORM AND TERMINATE YOUR ACCOUNT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

LEGALITY

You are subject to all laws of the state(s) and countries in which you reside and from which you access the Platform and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Platform, contests, sweepstakes or tournaments offered through the Platform nor shall any person affiliated, or claiming affiliation, with the Platform have authority to make any such representations or warranties.

Please view the terms and conditions of contests, sweepstakes, and tournaments by visiting the respective area on the Platform. If you would like to report any violations of these policies to us, please follow these guidelines. The submission of a false or fraudulent report is a misuse of the reporting process, and it will not be tolerated. Misuse of the reporting process can result in the suspension of your account.

GOVERNING LAW

This Agreement has been made in and will be construed and enforced in accordance with Maryland law as applied to agreements entered into and completely performed in Maryland. Any action to enforce this Agreement will be brought in the federal or state courts presiding in Maryland, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.

INTERNATIONAL ACCESS

We make no representation that materials on the Platform are appropriate, legal, or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Platform from other locations do so on their own initiative and are responsible for compliance with local laws. You may not use or export the materials on the Platform in violation of U.S. export laws and regulations. Users accessing the Platform from outside the United States are solely responsible for compliance with their local laws.

INDEMNIFICATION

You agree to defend, indemnify, and hold Get Sendy, Get Sendy's providers, and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, costs, liabilities, and expenses (including attorneys' fees) arising out of or in connection with your use of the Platform or your breach or violation of this Agreement.

YOUR PRIVACY

Protecting your privacy is important to us. For information on how Get Sendy collects, uses, and safeguards your personal information, please read our Privacy Policy.

QUESTIONS

Should you have any questions regarding these Terms of Use you may contact us at support@getsendymedia.com

You agree to use our Platforms in accordance with these Terms and all applicable laws. Your use of our Platforms is also subject to our Privacy Policy and our Exclusive Content License & Submission Policy. If you have any questions about these Terms, please contact us at support@getsendymedia.com.