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Creating lists increases your audience while repurposing current assets, directing customers to more destinations.
Scale and expand campaigns as your brand builds its own lists in real-time. Seamlessly opt-in your audiences as they participate in surveys, contests, polls, and rewarding consumer opportunities.
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Campaign success measured by analyzing responses helps your company build new customer relationships, reporting marketing approaches reaching the target market, testing appeal of your product or service.
We've helped over 100 businesses grow their lists to move toward their goals!
RCS Media is owned and operated by RCS Media, INC
RCS Media | Privacy Policy Effective as of January 1st, 2019
This Privacy Policy applies only to the collection and use of Personal Information (defined below) and other information gathered on certain websites that are owned and/or operated by, or by authorized third parties on behalf of, RCS Media INC. (collectively, “RCS Media”). This Site is a commercial website and is intended for use by our customers, prospective customers, vendors, and their respective employees and agents to obtain information about RCS Media's products and services. If you have arrived at this Privacy Policy by “clicking” on an authorized link directing you to a RCS Media-operated Site, then this Privacy Policy applies to such Site. This Privacy Policy does not apply to any website owned and/or operated by or on behalf of any third party, even if we provide a link to such website on one of our Sites. Capitalized terms used herein without definition shall have the meanings given such terms in our Website Terms of Use. When we refer to “RCS Media,” “we,” “us” or “our,” we mean RCS Media INC. or the specific division, subsidiary or affiliate that operates this Site, provides its content or processes information received through it, each as appropriate and applicable. When we refer to “you” or “your,” we mean the person accessing this Site. If the person accessing this Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
We created this Privacy Policy to help you understand how we collect Personal Information, what types of Personal Information we collect, how we use it, the steps we take to safeguard it, and the choices you have regarding how it may be used and disclosed. This Privacy Policy addresses some types of information, including some Personal Information, the various means of collecting such information, and the possible uses of such information that may not presently apply to one or more of the Sites. We are nevertheless advising you about these matters because we want to maintain flexibility in offering additional features without having to revisit this Privacy Policy every time we revise the Sites or offer new functions. No description of any type of information means of collecting information, including Personal Information, or use of such information will obligate us to collect any particular information, make any particular use of any such information, or offer any particular functionality.
By submitting your Personal Information through our Site, you will be considered to have given your permission and consent for the collection, use, retention and disclosure of your Personal Information as set forth in this Privacy Policy.
Use of our Site and RCS Media's services is strictly limited to persons who are of legal age in the jurisdictions in which they reside. You must be at least eighteen (18) years of age to use our Site and RCS Media's services.
This Privacy Policy does not apply to any other website or offline point of contact between us and you. This Privacy Policy does not cover information, including Personal Information, we collect by means other than the Sites. If you have any questions about how we use information, including Personal Information, collected by means other than the Sites, you should inquire at or before the time you give such information to us.
RCS Media reserves the right, in its sole and absolute discretion, to change, modify, add or remove any portion of the terms, in whole or in part, of this Privacy Policy at any time. Please review this Privacy Policy periodically, as we may update it from time to time. Each time you visit any of the Sites or provide us with information, including Personal Information, by doing so you are accepting the practices described in this Privacy Policy as in effect at that time.
RCS Media contacts only when individuals who specifically request to be contacted or if a contact signs up to RCS Media e-mail updates, or purchases one of our credits packages or phone number subscriptions.
I. The Types of Information We Collect
The web servers that serve the Site may gather certain navigational information about where visitors go on our Site and information about the technical efficiencies of our Site and services. In the process of gathering navigational information, anonymous information may be collected which will provide information regarding a visitor’s use of our Site. Anonymous information means information that does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual. Examples of anonymous information may include information about your Internet browser, domain type, usage statistics, service provider, and IP address information collected through tracking technologies (see “How We May Collect Your Information,” below, for additional information regarding our use of tracking technologies) and aggregated or de-identified data.
In order to operate the Site and provide you with information, products, and services that may be requested by or are of interest to you, we may also collect and retain Personal Information. “Personal Information” refers to information that identifies (whether directly or indirectly) a particular individual, such as information you provide on our forms, surveys, applications, user setup, and enrollment forms or similar online fields. Examples of Personal Information may include your [name, postal address, e-mail address, telephone number, date of birth or financial information (e.g., passwords, bank and other financial institution account numbers and billing address) and demographic information (e.g., zip code, hometown, financial transaction history information, and age).
We may also collect location information, which means information that may be collected by certain mobile applications and that identifies your physical location. This information may be collected from your mobile device’s location-aware features when you request certain services that are dependent on your physical location.
II. How We May Collect Your Information
Information You Provide to Us
We collect Personal Information from you or about you when you provide this information to us directly. For example, we may obtain Personal Information when you request information, products or services from or otherwise interact with us or this Site.
We may also gather such Personal Information through your access to your accounts online, as well as your asking questions through our “Contact Us” link, such as your name, address, email address and other contact information. We may also collect data resulting from your activity, such as transaction information.
Personal identification information.
We collect email addresses of registered Users and any other information voluntarily entered into forms on the Site. We also collect registered Users' account creation dates and the number of times a User has signed in. None of this information is sold or provided to third parties, except to provide the products and services you've requested, with your permission, or as required by law.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with the Site, This may include: the browser name, the type of computer, the operating system, and other similar information.
Your IP Address
Like most websites, each time you visit any Site, we may automatically collect your IP address and the web page from which you came to our Site. In order to administer and optimize the Sites for you and to diagnose potential issues with our Site, we may use your IP address to help identify you and to gather broad demographic information about you. We may also supplement this information with Site traffic information that is collected automatically when you visit our Site, and with information acquired from our joint marketing partners, third parties and our affiliated companies.
Cookies
We may use a browser feature known as a "cookie." A cookie is a piece of data stored on the computer that runs an Internet browser and is commonly used to store information about a user’s online activities, including information such as the content or advertisements that a user views or the pages a user visits within a particular website. It can contain information about you, your computer, your browser, your session, the websites you visit and other information about you or others who use, or have used, the computer or browser you use to access the Internet. Cookies are used for record-keeping purposes: the stored information can be retrieved by our website server when you return to the website. This allows us to personalize or regulate the use of this Site, and it also permits us to automate the access and data entry functions of this Site (e.g., login information), and to tailor the appearance or presentation of this Site to your preferences or interests. The cookies we use, if any, are not linked to any Personal Information while using this Site unless you have given us permission to link Personal Information to one or more cookies. Please note that you give us that permission any time you register on this Site, use or conduct a transaction through this Site, or identify yourself or the computer you are using through this Site.
We use cookies as a convenience feature to save you time, to understand how our Site is used, and to improve the content and offerings on our Site. For example, we may use cookies to personalize your experience at our web pages or recall your specific information on subsequent visits (e.g., to recognize you by name when you return to our Site). We may also use cookies to offer you or inform you of products, programs or services, and targeted advertising. You can opt to have your browser reject cookies.
Most or all browsers permit you to disable or reject cookies. You can do this by adjusting your preferences in the browser. RCS Media does not track its customers over time and across third-party websites to provide targeted advertising and therefore does not respond to “Do Not Track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual consumer's online activities over time and across third-party Web sites or online services. Accordingly, your selection of the “Do Not Track” option provided by your browser may not have any effect on our analytics or tracking tools. Use the “Help” feature of your browser to obtain more information about refusing cookies. If you set the browser you use to reject cookies, you may not be able to access the Sites or use the full functionality of the Site, or it may take additional time to utilize such functionality. If you opt to reject cookies, you may need to re-register with us every time you visit our Site. Your continued use of our Site reflects your consent to allow additional cookies to be placed on your computer to help you navigate the Site.
You should also know that companies that advertise on our Site (and their agents), and one or more of the organizations with which we do business, or to which we provide links from the Site, might use their own cookies. This Privacy Policy does not cover how these organizations use their cookies. We have no control over such organizations’ uses of cookies, and you should review the privacy policies of such organizations to determine the uses such organizations make of cookies.
Flash Cookies
We may use local shared objects, sometimes known as Flash cookies, to store your preferences and to assist with online authentication by allowing us to recognize you and your device when you return to the Site. This permits us to display content based upon what you view on our Site to personalize your use of our services. Our Agents (defined below) also may use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount and type of data they collect, as well as how data is stored. Cookie management tools provided by your device or browser will not remove Flash cookies. If you disable Flash cookies, you will not have access to many features that make your user experience more efficient.
Pixel Tags, Web Beacons, and Similar Technologies
These are typically small pieces of data that are embedded in images on the Site, our applications or certain email communications. They may involve the transmission of information directly to us, to another party on our behalf or to another party in accordance with its privacy policy. We may use these technologies to compile the information we collect about you.
Clickstream Data
As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can identify the type of computer and browsing software you use and the address of the website from which you linked to the Site. We may use clickstream data as a form of non-Personal Information to anonymously determine how much time visitors spend on each page of the Site, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors.
Log Files
We or our hosting provider may collect traffic information from visitors for statistical analysis and Site improvement. When you access the Sites, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and a number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. We and/or our hosting provider may review this information to better understand overall trends and to determine what kinds of content are popular with and useful to users.
Spreadsheet Statistics
We may collect anonymous statistics from user spreadsheets at any time. None of the statistics collected will contain any information on contacts that may populate the spreadsheet. Such information will be strictly used to improve RCS Media's service offering and internal processes.
Location Tracking on Mobile Devices
Certain applications on mobile devices may transmit information to us about your location when you request information from them. We may use that information to improve the products and services we provide to you as well as to improve our services generally in your area. You always have the ability to control what information your mobile device sends to us. You can exercise this control by changing the settings of your mobile device.
Information Other Websites Collect from You
Our Site may contain links to other websites operated by other parties whose practices may be different than ours. When you click on such links and visit such other websites, you need to be aware that we may not control such other websites or such other websites’ business practices, and that this Privacy Policy does not apply to such other websites. Consequently, the operators of such other websites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on the Site. You should check the other sites’ privacy notices because we have no control over information that is submitted to or collected by them. We encourage you to review other websites’ privacy policies and remind you that we will not be responsible for the actions of the operators of such websites, or their use of your information.
III. How We Use Your Personal Information
We may use your Personal Information to help us improve our product and service offerings, improve the Site’s functionality process queries on the Site, to contact you when necessary in connection with products or services you accessed or inquired about via the Site, to provide you with account login credentials, and to send you information, offers and other promotional materials from us and selected third parties.
E-mail Address
We may use your email address to provide customer service information or answer your questions and requests. We may also occasionally send you our email updates, notifications or other information about our products and services or about the products and services of our affiliated companies. We include information in each commercial email that allows you to opt out of receiving future communications.
Financial Information
By engaging in any kind of activity on the Site that uses financial information, you consent to our using your financial information, including credit card information, or providing your financial information to our service providers and to such third parties as we determine is necessary, to process your transactions. These third parties may include banking institutions used to process these transactions. Any of these various third parties are authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control.
Demographic Information
We may use demographic information to tailor the Sites and communications to the interests of our users. We may share anonymous, aggregated (grouped) demographic information with our advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience. If you consent to have us share, or we are otherwise allowed to share, your Personal Information, as described herein, then the demographic information that we provide to third parties may be linked to your Personal Information so that such third parties will be able to know about your demographic information on a non-anonymous basis.
IV. Disclosure of Information
Except as described in this Privacy Policy, we do not disclose information about your individual visits to our site, or Personal Information that you provide to any outside parties, except when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, or (ii) protect the rights, property or safety of RCS Media, our users or others.
We may also provide your Personal Information and other information that you have provided to us through the Site to other companies (“Agents”) that provide services to help us with our business activities such as to host or maintain our Site; for data processing services; to provide website or data security; to provide operational, analytical or reporting services; or to provide technical support. In connection with providing those services to RCS Media, an Agent may have access to your Personal Information. Such Personal Information will be treated as private and confidential by such Agents and will not be used for any purpose other than as RCS Media authorizes, and it will not be disclosed by the Agents to any third party.
RCS Media may disclose your Personal Information when required by subpoena, court order or other legal processes, or if it has a good-faith belief that disclosure is necessary to (a) comply with any applicable federal, state or local law or regulation, (b) assist government enforcement agencies, (c) investigate, prevent or take action in connection with suspected or actual illegal activities, (d) investigate suspected or actual violations of RCS Media's rights, (e) protect the rights, property or safety of RCS Media and its customers or employees, or others, (f) investigate and defend against any third-party claims brought against RCS Media or (g) protect the security and integrity of our Site.
We consider the information that you provide to us to be a business asset of ours. Accordingly, RCS Media may also disclose Personal Information and other information to a third party in connection with the sale, assignment or transfer of some or all of the assets of RCS Media or as the result of a change in control of RCS Media, in which case we will require any such third party to treat any such Personal Information in accordance with this Privacy Policy. Any such third party to whom RCS Media sells, assigns or transfers RCS Media's assets will have the right to use the Personal Information and other information that you have provided to us.
Please note that no attorney/client relationship exists between us, and therefore no communication between us, or information you provide to us or input via the use of a Site, will be subject to any confidentiality obligation or privilege against disclosure.
RCS Media reserves the full and unrestricted right to use and disclose anonymized information; aggregated information or publicly available information that has not been combined with nonpublic Personal Information for purposes including, but not limited to, RCS Media's internal use and research.
V. Authorized Third Parties
There are links on our Sites that direct users to third-party websites. If you follow any such links and you enroll in the respective services, your name, and other requested information will be transferred to the operators of the respective third-party website. If you choose to use these third-party services, please review the third-party website’s terms of use and privacy policy prior to any transfer of your personal, or other, information. RCS Media is not affiliated with such third-party websites, and you therefore acknowledge and agree that your use of such third-party websites is at your own risk, and RCS Media will not be responsible for the operation of such third-party websites or your access and use thereof.
We may also contract with some third parties to monitor certain pages of our website for the purpose of reporting website traffic, as well as to provide offers and advertisements that may be of interest to you. Where authorized by us, these third parties may use cookies and/or other monitoring technologies to compile information about our website visitors.
VI. Supplementation of Information
We may supplement the information we receive from you with other information we receive from third-party sources or clearinghouses. Thus, the information we obtain through the Site may be intermingled with and used in conjunction with information obtained through sources other than our Site, including both offline and online sources.
VII. Information Ownership
We are the sole owner of the user information collected through the Sites. We may collect information from users at several different points on the Sites.
VIII. Account and Password Security
You may establish a unique username and password ("Credentials") while completing a registration process for certain portions of the Site. It is your responsibility to safeguard and protect your Credentials and to monitor use of these Credentials for all purposes. You accept all responsibility for maintaining the security of your Credentials and for all utilization of the Site with your Credentials, with or without your knowledge or consent. You agree to (a) immediately notify RCS Media of any unauthorized use of your Credentials or any other breach of security; (b) ensure that you log out and exit completely from your account at the end of each session; and (c) notify RCS Media immediately if you have lost your Credentials or wish to terminate your access or have your Credentials changed.
IX. Disclaimer
YOUR USE OF THIS SITE MAY BE FURTHER GOVERNED BY ANY OTHER AGREEMENT ENTERED INTO BETWEEN RCS Media AND THE CUSTOMER (“CUSTOMER”) NAMED THEREIN (“CUSTOMER AGREEMENT”) GOVERNING CUSTOMER’S ACCOUNTS WITH RCS MEDIA. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO BE A DEFENSE TO, OR A WAIVER BY RCS MEDIA OF, ANY RIGHTS RCS MEDIA HAS UNDER THE CUSTOMER AGREEMENT, ANY OTHER AGREEMENT OR APPLICABLE LAW, RULE, REGULATION OR REQUIREMENT.
X. Our Security Precautions; Geographic Location of Information
RCS Media will take reasonable precautions to protect Personal Information provided to us through the Site from loss, misuse, unauthorized access, disclosure, alteration, and destruction. RCS Media has put in place reasonable and appropriate physical, electronic and managerial procedures designed to safeguard and secure such Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Our security and privacy policies are periodically reviewed and enhanced as necessary. While RCS Media strives to undertake such reasonable and necessary efforts to secure Personal Information provided to us through the Site, even such security measures do not guarantee the security of all Personal Information, and RCS Media cannot guarantee that the Personal Information it collects, uses and retains will be protected in all circumstances, including those beyond RCS Media's reasonable control.
Particularly sensitive information is encrypted. You can usually tell whether encryption is being used by noting the “locked” or other status indicators on the browser you are using. If the browser you are using does not indicate that the session is secure (e.g., by displaying a lock, a key or a similar icon), you should assume that the connection is not secure and that third parties will receive the information shared by you and us during that part of the session. Your information may be transferred to and maintained on computer networks that may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.
XI. Notice Regarding Unauthorized Access or Disclosure of Personal Information
For the purposes of any applicable law regarding notification of persons whose Personal Information was, or is reasonably believed to have been, acquired by an unauthorized person, any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax or mail (including a notice printed in an available area of a bill or statement) or by posting a notice on the Site. The specific means used is up to us, and we will use our best judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as an e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. YOU AGREE TO THIS MEANS OF NOTIFICATION.
XII. Site and Service Updates
We may send to you updates and service announcements about our Sites, but you may unsubscribe or opt-out to receiving such announcements. In which case, you take a case you might not aware announcements contain important information about the products and services offered through the relevant Site(s).
XIII.Correcting or Updating Personal Information
If your Personal Information changes or if you have reason to believe that your Personal Information as we maintain it is incorrect and you are unable to change your Personal Information by logging into your account, you may contact us through support@rcs-nyc.com, and we shall attempt to accommodate all reasonable requests for such changes. Note that some information may be changed only by contacting the administrator of the Site.
XIV. Choice/Opt-out
We recommend that users who no longer wish to receive promotional materials or have their information provided to third parties log into their accounts and modify their account settings, as users may have chosen to receive promotional materials in the account registration process. If you are still receiving promotional materials 30 days after modifying your account settings, you may contact us directly using the information below to opt out of receiving such communications or having information shared. We will use commercially reasonable efforts to make any changes you request. Our compliance with such requests may involve batch processing and other processes that take 30 days or longer. If you require an immediate change to your Personal Information and are unable to make such a change using the available Site resources, please contact us. If you opt not to receive such communications or to allow us to share your information and then you give your Personal Information to us again by using the Site or under other circumstances that permit us to use your information, we will regard your opt-out as having been rescinded. Also, please note that users may not necessarily opt out of receiving all communications from us or opt out of sharing certain information with third parties, as specified as being necessary for various portions of this Privacy Policy.
You may additionally opt out of receiving email communications by using the opt-out instructions included in an email you may receive from us.
Please note that changing or deleting your information through the Sites, or otherwise opting out of receipt of email communications from us and third parties, will only change or delete the data in our database for purposes of transacting future business on or relating to the Sites and for managing future communications from us and third parties. These changes and deletions will not change or delete information collected or submitted pursuant to any Customer Agreement, or information already collected as part of a product or service purchase in our transactions database which may be shared with our third-party service providers regardless of your email preferences.
XV.Changes to This Privacy Policy
We reserve the right to change, modify or update this Privacy Policy at any time without notice. We indicate the date of the current Privacy Policy above, so you know when it was last updated. Continued use of this Site after any such revision or modification constitutes your acceptance of this Privacy Policy as so revised or modified. If we decide to change this Privacy Policy, we will post the changes on one or more Sites and/or other places we deem appropriate. BY USING THE SITE(S), YOU AGREE TO THIS CHANGE PROCEDURE.
XVI. Your rights under GDPR
GDPR legal basis for collecting your information
We collect the minimum amount of information needed to provide the products and services you've requested. How we collect and use your data is covered by our legitimate interest.
Your rights under GDPR
You may:
Be informed whether we store your data.
Be granted access to your data (with some stipulations – see GDPR Article 15 for the precise terms. Note that we store so little of your data that it may require more information to authenticate your request than information we actually hold).
Correct any errors in our records – for instance, update your email address.
Request that your records be erased.
Restrict our processing of your data. This means that we will continue to store your data, but will not use it.
Object to our use of your data.
Request the data we hold be provided to you or to another service. See GDPR Article 20 for the precise terms.
Not be subject to decisions based entirely on automated processing.
Exercising some of these rights might interfere with our ability to provide you with our services. For instance, if you request your records be erased, information about your purchase history will also be removed.
To exercise any of these rights, please write to support@rcs-nyc.com. You can update your email and change the password directly from this website, without sending any email.
XVII. Contact Us
If you have any questions or concerns about this Privacy Policy, the practices of the Sites, or your dealings with any Sites, you can contact us from support@rcs-nyc.com.
This document was last updated on January 1st, 2019.
RCS Media is owned and operated by RCS Media, INC
RCS Media | Terms of Service
PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE WEBSITE TERMS OF USE, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS. THESE WEBSITE TERMS OF USE ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THESE WEBSITE TERMS OF USE POSTED TO THIS WEBSITE FROM TIME TO TIME, AND ANY ACCESS OF THIS WEBSITE BY YOU AFTER SUCH CHANGES ARE SO POSTED SHALL BE DEEMED YOUR AGREEMENT TO SUCH CHANGES. IF YOU DO NOT AGREE WITH THESE WEBSITE TERMS OF USE, PLEASE DO NOT ACCESS THIS WEBSITE.
These Website Terms of Use (“Terms”) apply only to the use of certain websites which are owned and/or operated by or on behalf of RCS Media HQ, INC. (“RCS Media”) (each, the “Site,” and collectively, the “Sites”), or available through our authorized third parties, or by any of the other means described herein.
Your use of this Site may be further governed by any agreement entered into between RCS Media and the Customer (“Customer”) named therein (“Customer Agreement”) governing Customer’s accounts with RCS Media. In the event of any inconsistency between the terms of the Customer Agreement and these Terms, the terms of the Customer Agreement shall control. You also represent and warrant to RCS Media that you are authorized to bind Customer to these Terms.
These Terms do not apply to any site owned and/or operated by or on behalf of any third party even if we provide a link to such site on one of our Sites. Please refer to the terms of use of any such third-party sites for information regarding the terms and conditions of your use of such sites.
When we refer to “RCS Media,” “we,” “us” or “our,” we mean RCS Media HQ, INC. or the specific division, subsidiary, or affiliate that operates the Site, provides its content, or processes information received through it, each as appropriate and applicable.
When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
General Terms of Use
This Site and any of the services provided by RCS Media in connection with this Site (the “Services”) are being provided to you expressly subject to these Terms, which govern your use of the site. “Services” under these Terms include business services offered to you directly by RCS Media.
Use of the Site
As a user of the Site, you have a non-exclusive, non-transferable, limited, revocable license to use the Site solely for your internal business use. You may not use the Site for any other purpose whatsoever. Without limiting the previous sentence, you may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of the Site without the prior written consent of RCS Media, which may be withheld, conditioned or delayed in its sole discretion, except that you may print out a copy of the content solely for your internal business use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name or service mark or any other proprietary notice or legend appearing on any of the content. You are prohibited from including links from other websites to the Site without the prior written consent of RCS Media, which may be withheld, conditioned or delayed in its sole and absolute discretion.
Copyrights/Trademarks/Restrictions on Use
All of the pages and screens on the Site are owned and controlled by RCS Media, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, software, images, graphics, source code and content on the Site. You are authorized to view the information available on the Site for your informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Site for any commercial or public purpose without RCS Media’ prior written consent. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site except as authorized in this paragraph. The Site may contain links to websites controlled or offered by third parties (non-affiliates of RCS Media). RCS Media hereby disclaims liability for any other company’s website content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions or recommendations provided by the linked site providers are those of the providers and not of RCS Media. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you the linked site provider.
Registration Information
In order to access certain restricted portions of this Site, you may be required to register on this Site by completing a Registration Form or Enrollment Form (collectively, the “Registration Form”). RCS Media may accept or reject any Registration Form in its sole discretion. You represent and warrant that the information provided when registering is accurate, complete and current as of the date submitted and that you will update such information from time to time as necessary. These Terms shall be incorporated into, and form an integral part of, each Registration Form. As part of the registration process, you will select a user name based on your e-mail (“User Name”), and a password (“Password”) to access the User Name. Your User Name and Password are your credentials (“Credentials”) to access the restricted portions of this Site. You may not have a User Name that is vulgar, attempts to impersonate another person, or violates the rights of others. RCS Media may also reject any User Name that RCS Media determines in its discretion is unacceptable for use on this Site. You are solely responsible for all use of this Site under your User Name and Password and for maintaining the confidentiality of your User Names and Passwords and will (i) promptly notify RCS Media of any actual or suspected unauthorized use of this Site, and (ii) ensure that you exit from your account at the end of each session. If you disclose or otherwise allow discovery of your User Name and/or Passwords to or by any person(s) or entity, you assume all risks and losses associated with such disclosure. Please note that RCS Media will store a Password retrieval question and answer, which allows you the ability to retrieve your Password. If you do not answer the retrieval question correctly within the stated number of attempts, your User Name will be permanently deactivated, and you will need to re-register on the Site with a new User Name and Password.
Indemnification
You agree to defend, indemnify, save and hold harmless RCS Media and its subsidiaries, affiliated companies, joint partners and licensees and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site and our Services, including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any products or services you may have obtained on any of our Sites.
General
RCS Media values your interest in its products or services and appreciates your visit to its Sites. Certain portions of this Site are intended to be used only by individuals authorized by Customer in compliance with its Customer Agreement with RCS Media. Such individuals must use the username and password assigned to them and not those of any other person. If you are not authorized by Customer for this purpose, or if you are using someone else’s login information, you are deemed an unauthorized user and you should not use this Site. If nonetheless you continue, then by using this Site you undertake and agree that: (1) you will be personally liable for any and all expenses, costs or damages incurred by RCS Media in investigating or addressing your unauthorized use of this Site (such obligations shall be in addition to whatever other rights and remedies may be available to RCS Media for unauthorized use); and (2) you will be personally bound to the terms of the Customer Agreement for the entire debts and other commitments of Customer, waiving any actual notice or knowledge of the terms of the Customer Agreement, all without any duties or obligations to you on the part of RCS Media.
RCS Media reserves the right to modify these Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of the Site. If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Services. By continuing to use the Services after the date of any change to these Terms of Use, including accessing the Site, you agree to be bound by the rules contained in the most recent version of this Agreement. You agree and understand that effective use of the Site may require your browser to use software plug-ins and modules, including without limitation JavaScript, in order to correctly display content and utilize features on the Site. RCS Media reserves the right to modify or terminate the Services and the Site or to terminate your access to the Services and Site, in whole or in part, at any time in its sole and absolute discretion. These Terms and the relationship between you and RCS Media shall be governed by the laws of the State of California without regard to its conflict of law provisions.
This Site provides general information about RCS Media and its products and services. Use of this Site is limited to legitimate purposes. RCS Media may, from time to time, introduce new features to this Site, or modify or delete existing features, in its sole discretion. RCS Media shall notify you of any of these changes to features to the extent RCS Media is required by law to do so. By using any new or modified features when they become available, you agree to be bound by these Terms concerning such features.
You acknowledge and agree that any information, comments, documents, images or general content you enter in or post on this Site may be viewed by any other users with access to this Site, and therefore will not be considered confidential by you. By providing any such information, comments, documents, images or general content to RCS Media, you grant to RCS Media an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information, comments, documents, images or general content on this Site. You further agree that RCS Media is free to use any ideas, concepts or know-how that you, or individuals acting on your behalf, provide to RCS Media. You hereby agree that any comments, feedback or recommendations of you for the improvement or modification of this Site or the merchandise or services advertised herein shall be the sole property of RCS Media.
Any access or attempted access of other areas of RCS Media’s computer systems, third-party systems and services that RCS Media utilizes or other information contained therein for any purpose is strictly prohibited. You agree not to interfere in any way with others’ use of or access to any Site. RCS Media reserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials or regulators or other appropriate third parties. RCS Media has the right in its sole discretion, and without prior notice and from time to time, to modify these Terms with respect to your access to or use of any Site. Such modifications and additions shall be effective immediately upon posting the modified Terms to any Site, which posting shall be deemed notice to you. If you disagree with the changes to these Terms, you should discontinue your use of the Sites. Any access to or use of any Site after posting of modifications or additions to these Terms shall constitute and be deemed to be your agreement to such modified Terms. Therefore, you should frequently revisit this Site to determine the present terms and conditions to which you are legally bound.
RCS Media has the right to modify, suspend or discontinue, temporarily or permanently, this Site, any products or services provided by RCS Media through this Site, or your right to access or use any portion of this Site, in RCS Media’s sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts by you (or another party) to gain unauthorized access to any Site or assist others in attempting to do so, (2) your (or another party’s) disabling of any security features on any Site, (3) your violation of these Terms, (4) suspected or actual infringement of a third party’s intellectual property rights or (5) pursuant to requests by law enforcement or other government agencies. The obligations and liabilities you incurred prior to the termination date shall survive the termination of these Terms for all purposes. In the event of any such termination, the restrictions on your use of the material on this Site shall survive such termination, and you agree to be bound by those terms. YOU ACKNOWLEDGE AND AGREE THAT RCS MEDIA SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SITE OR ANY SERVICES OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS SITE.
Access
RCS Media makes this Site available subject to the terms and conditions set forth herein and all applicable laws. By accessing, browsing or otherwise using (collectively, “use” or “using”) this Site, you acknowledge that you, the individual user of this Site, have read, understood and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations, without limitation or qualification. By using this Site, you further acknowledge that you have the authority and do hereby legally bind the business entity, if any, which you serve as an agent, independent contractor or employee thereof to the same Terms, without limitation or qualification. These Terms shall take effect immediately on your first use of the Site. If you do not agree to these Terms, you are not authorized to access, browse or otherwise use this Site.
Intellectual Property and Restrictions on Use of Information and Content
All information and content provided on this Site, whether explicitly marked or not, are the property of RCS Media, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation and software, their related files and their arrangement on the Site.
All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on this Site are owned by RCS Media, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.
You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish or otherwise use any information, content or Marks provided on this Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of RCS Media. You may, however, copy, print or otherwise use the information, content or Marks provided on this Site, provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any services, product, brands or affiliates through the use of any information or content. Other use of any information, content or Marks, except as specifically permitted in these Terms or in a written instrument signed by RCS Media, is strictly prohibited.
Nothing contained in any Site shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of RCS Media or any third party.
You are not permitted to create a hyperlink to any page or portion of any Site or frame any page or portion of any Site without the prior written permission of RCS Media.
Any use of the information, content or Marks provided on any Site that does not comport with the above Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by U.S. and international intellectual property laws and other applicable laws.
Pricing
All prices listed on the Sites for any product or service are subject to change at our discretion and without notice.
Credits
Your credits are yours for the life of the account - they will not expire. If your account is closed, you will lose any credits that are not used.
Free Trial
RCS Media is under no obligation to offer a free trial of any products or services. However, RCS Media may, at its sole discretion, offer free trials to a User. RCS Media makes no warranties about the delivery time of such a free trial, and all free trials are subject to discontinuation by RCS Media at any time for any reason, without notice. Upon the cancellation of a subscription, any discount obtained via a coupon code will be null and void and any future subscription will be charged pursuant to RCS Media’s normal pricing structure at that time.
Crowdsourcing
RCS Media will attempt to find email addresses or a contact form link for each contact. Any contact that you submit for a crowdsourcing campaign must have a website listed.
Third-Party Reliance
Some of RCS Media’s products and services exist and rely on sites owned and operated by third-parties. Certain functional aspects of RCS Media’s products and services may be out of our control. Accordingly, RCS Media cannot guarantee the continued reliability or functionality of products or services hosted on third-party sites. RCS Media will make commercially reasonable efforts to assist you in accessing and troubleshooting affected products.
RCS Media transfer text and image messages through various third-party routes with different reliability levels. RCS Media process your messages correctly and provides appropriate feedback regarding the transmission. RCS Media is not responsible for the eventual and final delivery of any communication since this depends on the services (the downstream services) RCS Media uses. Hence the delivery is the responsibility of the mentioned downstream services.
API Usage
Access to API endpoint outside of my.ponyexpresshq.com javascript code base is forbidden. Calling API endpoint using 3rd party apps, outside of dashboard access intention will violate the TOS.
Permissions
You understand that some websites may require permission to scan their URL or website content. According, You agree that You have obtained the necessary permission to access and scan any URLs or website content that you submit through the Sites. RCS Media hereby disclaims, and You release RCS Media from any and all liability associated with unauthorized scanning of any website URL or website content.
International Use
RCS Media makes no representation that materials on any Site are appropriate 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 any Site from other locations do so on their own initiative and are responsible for compliance with local laws.
User Contributions to the Site
There may be opportunities for you to contribute information, data or materials to the Site, which may include, among others, uploading information, participating in chats, using our bulletin boards, etc., which information, data or materials we collectively call “User Content.” RCS Media is not liable or responsible for any User Content provided by its users or other third parties to the Site, including Suppliers. The contributions of third parties do not necessarily represent the view or opinions of RCS Media. RCS Media cannot preview User Content before it appears on the Site. You can be held liable for any illegal or prohibited User Content you provide to any Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on any Site, please notify us at support@ponyexpresshq.com. We will investigate your claim promptly and may then take the actions deemed appropriate.
Links and Search Results
For the avoidance of doubt, the Sites may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. RCS Media has no control over those sites or the content within them. RCS Media cannot guarantee, represent or warrant that the content contained in those sites is accurate, legal and/or inoffensive. RCS Media does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Sites to search for or link to another site, you agree and understand that you may not make any claim against RCS Media for any damages or losses whatsoever resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at support@ponyexpresshq.com and we will investigate your claim promptly and take any actions we deem appropriate in our sole discretion.
Commercial User
For the avoidance of doubt, the Sites may not be used by our visitors for any commercial purposes other than to inquire about the products or services of RCS Media and use such products or services, without the express consent of RCS Media. You must obtain our prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling RCS Media products or services of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.
Violation of these Terms
You understand and agree that in RCS Media’s sole discretion, and without prior notice, we may terminate your access to the Sites, cancel any transactions or exercise any other remedy available and remove any unauthorized User Content if we believe that the User Content you provided, or your use of the Site, has violated or is inconsistent with these Terms or violated the rights of RCS Media, another user, or the law or constitutes a breach of the Customer Agreement. You agree that monetary damages may not provide a sufficient remedy to RCS Media for violations of these Terms and you consent to injunctive or other equitable relief for such violations. RCS Media may release user information about you if required by law or subpoena, or if the release of the information is necessary or appropriate to address an unlawful or harmful activity. RCS Media is not required to provide any refund to you if you are terminated as a User because you have violated these Terms.
RCS Media is not responsible for the products, services, actions or failures to act of any third party referenced on any Site except as may be set forth in the Customer Agreement. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in any Site to us at support@rcs-nyc.com. We may investigate the claim and take appropriate action, in our sole discretion.
Adoption of Additional Terms
These Terms expressly include any and all additional terms and conditions that are set forth in any of the Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions listings. To the extent any of these Terms are in conflict with any terms and conditions set forth in any particular Site, the terms and conditions set forth in the Sites shall control with respect to the particular Site to which the terms and conditions are posted.
Disclaimers
YOU USE THE SITES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITES AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED OR ACCESSED THROUGH THE SITES, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS ON ANY SITE, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, TITLE OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED OR ACCESSED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND IS USED AT YOUR OWN RISK.
IN NO EVENT WILL RCS MEDIA, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED OR ACCESSED THROUGH THIS SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF RCS MEDIA, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, OR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST RCS MEDIA, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, AND SUPPLIERS IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED OR ACCESSED ON THIS SITE AND ANY HYPERLINKED SITES.
Without limiting the above disclaimers, RCS Media and its subsidiaries, affiliated companies, agents, and joint partners: (1) make no warranties or representations whatsoever concerning this Site or any other Internet site, the access to, or the availability or use of, this Site or any other Internet Site, the information and content from whatever source posted on or referred to in this Site or any other Internet site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Site or any other Internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other Internet site is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality or specifications or any other aspect of items from whatever source posted or accessed through this Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
This Site may use hyperlinks as a convenience to you so that certain reference material, RCS Media-related subjects and other pertinent material is easily accessible. Linked and referenced sites may not be operated, controlled or maintained by RCS Media. Hyperlinks and references to other sites, including any RCS Media-affiliated entity, do not constitute sponsorship, endorsement or approval by RCS Media of the information, content, policies or practices of such linked or referenced sites. RCS Media, its subsidiaries, affiliated companies and joint partners do not accept any responsibilities for any information or content, availability, policies, practices or any use of such sites. You access, browse and use such sites at your own risk.
RCS Media has no obligation to update any information or content on any Site. Accordingly, RCS Media, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on the Site. Any use of the information or content provided on this Site is done so at your own risk.
Privacy Policy
These Terms include the terms and conditions of RCS Media’s Privacy Policy. Accordingly, by using this Site, you affirmatively acknowledge that you have read, understood and agree to be legally bound by the terms and conditions of RCS Media’s Privacy Policy.
No Recommendations or Advice Provided
Although information and User Content may be available through the Sites, you should not construe such information and content as expressing the opinions of or endorsement by RCS Media. You alone bear the responsibility of evaluating any information or content available on the Sites. In exchange for using such information or content, you hereby agree to release RCS Media from any claim and to not hold RCS Media liable for any possible claim for damages arising from any decision you may make based on information or content available on the Site.
Miscellaneous
You warrant to RCS Media that you will not attempt to gain unauthorized access to any services offered by RCS Media or computer systems or networks connected to any RCS Media server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by RCS Media. When using the Site you agree not to pretend to be someone else or spoof their identity.
RCS Media controls its Site (excluding linked sites) from its offices in New York City, New York and makes no representation that any content contained in this Site is appropriate or available for use in other locations. Accessing this Site in locations where the use of such content is illegal is prohibited. By accessing this Site you agree that the statutes and laws of the State of New York, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this Site and that if you use this Site from any other location you are responsible for compliance with applicable local laws. Any claim relating to this Site shall be litigated in the state and federal courts having jurisdiction in the State of New York and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect.
By using this Site, you further agree that you will not use this Site or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these Terms.
When applicable, you further agree, as a condition of using this Site, to ensure that all of your agents, employees and independent contractors adhere to these Terms.
RCS Media is owned and operated by RCS Media, INC
RCS Media | Spam Policy
RCS Media is fully committed to SMS, and mobile messaging spam prevention and imposes a zero-tolerance policy.
If you have any questions or concerns or want to report an abuse of platform, unsolicited message, reach out to policy@rcs-nyc.com. A thorough investigation will be issued right away and communicated back to the reporter in an anonymous way.
RCS Media group messaging platform only allows opt-in group membership. It ensures that group members easily opt-out by sending STOP and only receive a message when they opted-in.
Enforcement
Clients of RCS Media agree to our Terms and Conditions when they register. RCS Media might track information on sent messages, including phone numbers and content. Any violations of RCS Media's Anti-spam policy will result in termination of the services for the client. Termination of services will extend to any associated existing and future services as well.
RCS Media complies with all US state and national laws and regulations.
Stop - Opt Out - Unsubscribe phone number
As a user, you can remove yourself from a group at any time by simply sending STOP. If you suspect, a client is sending an unsolicited message, please inform us immediately and RCS Media will start an investigation right away.