These terms and conditions apply to SMS text messages sent by Subly Media Inc. These messages can be recurring (e.g. Profile Changes, Balance Changes, Account Activity, etc.) or one-time (e.g. identity verification with one-time password).
After enrolling in Subly Text Alerts ("Alerts"), you will have the opportunity to receive Short Messaging Service ("SMS") messages regarding your profile and/or account(s) from Subly Media Inc. and its affiliates (collectively, "Subly"). Number, frequency, timing, and content of messages will vary depending on your account activity and the alerts you request. Only U.S. mobile phone numbers may be enrolled for recurring messaging referred to as Subly Text Alerts. Subly may modify, discontinue, or suspend Alerts at any time without notice.
By enrolling in Alerts, you are giving Subly your PRIOR EXPRESS CONSENT to contact you at the enrolled mobile phone number for purposes of Alerts fulfillment. Message and data rates may apply from your wireless carriers to you. Mobile numbers will not be shared outside of the SMS program that users have opted into.
One-Time Password SMS: Subly One-Time Password (OTP) SMS provides a verification code to use to confirm your identity upon log in to your Subly account. These are one time messages at your request. You will not receive other text messages from short codes: 12345 and 98765
Subly Text Alerts: Subly Text Alerts provide updates and information related to your Subly account. You can opt out of receiving Subly Text Alerts at any time by texting STOP to +1 (833) 341-5080. You may also change the Alerts you wish to receive by going to sublymedia.com/legal/smsterms. For additional help, text HELP to +1 (833) 341-5080, or go to SublyMedia.com/legal/smsterms.
Alerts and commands, including HELP or STOP, may not be delivered, or may be delayed, if your mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of Subly or the wireless carrier may interfere with message delivery, including the customer's equipment, terrain, and proximity to buildings, foliage, and weather. Neither Subly nor the wireless carrier guarantees Alerts will be delivered and neither Subly nor the wireless carrier is liable for delayed, mis-delivered, or undelivered messages.
Compatible carriers include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, Alltel, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, C Spire Wireless, Cricket, Cincinnati Bell and Virgin Mobile. T-Mobile is not liable for delayed or undelivered messages.
YOU AGREE THAT YOUR USE OF AND ACCESS TO THE ALERTS ARE AT YOUR SOLE RISK. THE ALERTS ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUBLY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE ALERTS (INCLUDING WITHOUT LIMITATION, ITS PERFORMANCE, AVAILABILITY, CONTENTS, OR FUNCTIONS), INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE.
SUBLY DOES NOT REPRESENT OR WARRANT THAT THE ALERTS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF AND ACCESS TO THE ALERTS WILL BE UNINTERRUPTED, ERROR-FREE OR INSTANTANEOUS, OR THAT DEFECTS IN THE ALERTS CAN OR WILL BE CORRECTED.
IN NO EVENT SHALL SUBLY BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS, REVENUES, OR OTHER FINANCIAL LOSSES OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
SUBLY SHALL NOT BE LIABLE IF THE ALERTS (OR ANY PART THEREOF) CANNOT BE PROVIDED OR FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS CONTAINED IN THIS AGREEMENT DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT, TRANSMISSION OR DELIVERY PROBLEMS, OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.
You agree to defend, indemnify and hold harmless Subly and its agents and licensors from and against any action, proceeding, loss, damage, liability, claim, or demand, cost or expense, including, without limitation, reasonable attorneys’ fees, experts' fees and court costs, arising out of or relating to your use of or access to the Alerts.
The disclaimers, indemnification obligations, and limitations of liability will survive any termination or expiration of these terms.
Subly respects your right to privacy. You can view our privacy policy here.