PhotoDay offers a mobile messaging program as an option to users (the “Program”), where, if you opt-in to the Program, you agree to these Terms and to receive marketing text messages from us or from photographers and studios that use our Digital Services. The Program is optional and not a condition of purchase. The Program allows Users to receive SMS/MMS mobile messages by voluntarily and affirmatively opting into the Program, such as through online or application-based enrollment forms. The messages we send to you include marketing and promotional messages and messaging frequency may vary. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase through the Digital Services. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of PhotoDay’s mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving mobile messages. Under no circumstances will we be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.
If you do not wish to continue participating in the Program, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from PhotoDay in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting that we remove you from our list, is not a reasonable means of opting out.
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the opt-out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. For support regarding the Program, text “HELP” to the number you received messages from or email us at support@PhotoDay.io Opt outs should be submitted in accordance with the procedures set forth above. The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt or delivery of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.
We endeavor to comply with all applicable telemarketing laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”), Florida Telemarketing Act, and Florida Do Not Call Act. For purposes of compliance, you agree that we may assume that you are a resident of a certain state if, at the time of opt-in to Program, (1) your shipping address, as provided, is located in that state or (2) the area code for the phone number used to opt-into the Program is an area code for that state. You agree that the requirements of a state’s telemarketing laws do not apply to you, and you shall not assert that you are resident of that state, if you do not meet either of the foregoing criteria or, in the alternative, do not affirmatively advise us in writing that you are a resident of the state by sending written notice to us. You further agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but not limited to response to keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” (e.g., for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616)), “telephone solicitation” (e.g., for purposes of the TCPA and state laws such as the Utah Telephone and Facsimile Solicitation Act and Washington Commercial Telephone Solicitation Act), or an otherwise unsolicited call or message that is subject to a telemarketing law, to the extent such laws are relevant and applicable.
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
If you have any questions about these Terms, please contact us at support@PhotoDay.io.
Although PhotoDay will in most circumstances be able to receive your communications, PhotoDay does not guarantee that it will receive such communications timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that your email communications to PhotoDay may not be secure and will not be treated as confidential.
