PAGEM Terms of Use


Terms of Use Table of Contents


Last Updated February 24th, 2021


Introduction

Pagem® consists of (1) the public website (www.pagem.com), (2) the secure, user authenticated web application, and (3) the secure, user authenticated mobile phone application (hereinafter collectively referred to as Pagem or the Service).

Thank you for visiting, accessing and/or using Pagem which is owned and operated by Open Sky Software, Inc. (Open Sky or we or our or us). By visiting, accessing and/or using Pagem you agree to by bound by these Terms of Use (Terms of Use) as well as Pagem's Privacy Policy and Cookie Policy herein incorporated into these Terms of Use by reference, which together result in a legal agreement (the Agreement) between you and Open Sky.

T.1 OUR SERVICE

Your Authority

You represent and warrant that you have the authority to accept these Terms of Use and enter into this legal agreement, and agree to be responsible to Open Sky for any violations of these Terms of Use.

The Pagem Service

Pagem allows you to send individual or group pages to people worldwide. Pagem provides a variety of features and any new features that alter Pagem shall be subject to these Terms of Use as well.

You are responsible for obtaining access to the Internet and to provide your own mobile phone and mobile services to use Pagem which may involve third party fees (such as Internet service providers, mobile phone carriers, etc). You are responsible for those fees. In addition, You must provide and are responsible for all equipment necessary to access and use Pagem.

Your Account and Registration Obligations

You will need to register for an account to access our Service. And you may register for only one individual account as well as one business/organization account. If you register for an account, you are required to provide personal information through a registration process. You will also need to use a credit card to subscribe to any additional services within Pagem. By registering, you represent that you:


Open Sky may terminate your account if you provide false information.

Your Consent To Communication

By creating an account on the Service, you consent to receive electronic communication from the Service, (e.g., via email or by notices within our Service). These communication may include notices about your account (e.g., payment authorizations, password changes and other transactional information). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Your Content

Our Service allows you and your approved users to invite people, create groups, page people's mobile phones, page groups, include short messages, and review your account's page history (collectively your Content). You may not create, edit, store, upload, or share any Content that violates these Terms of Use, or for which you do not have all the rights necessary to use the Content.

You have sole responsibility for maintaining all records relating to your Content, and you are solely responsible for determining whether our Service is suitable for use in light of any laws and regulations that govern your country, entity, industry, or your relationship associated with your Content - including but not limited to consumer protection, privacy, advertising, intellectual property or other laws. You may not store Content for which you do not have a lawful basis for processing, permissions or consents in accordance with applicable data protection laws.

Open Sky stores your Content only to provide services to you and at your direction, and does not disclose Content to third parties except when we reasonably believe we need to investigate, prevent or take action with respect to any potential or actual fraud, illegal activities, circumstances which threaten the physical safety of any person, violations of these Terms of Use or as otherwise required by law to comply with any judicial or governmental subpoenas, warrants or orders.

Pagem is provided "AS-IS" - and Open Sky assumes no responsibility for the timeliness of, deletion of, misdelivery of, storage of, retrieval of, or accessibility of your Content.

Fees and Subscription Terms

You may elect to purchase additional services through Pagem. Updated pricing information is available on our Pricing page. Any additional services you purchase are available on a monthly subscription basis. You agree to pay Open Sky all fees for subscriptions purchased on or through Pagem under your account under the then-current rates for such subscriptions (including any applicable taxes). In the event of any changes in fees, Open Sky will send you notice of such changes at least 30 days in advance (via a notification through Pagem or via email or both).

Your subscription continues until you cancel it. Your credit card will be charged automatically on or about the same date each month. All fees are charged in United States Dollars. If you need to update your subscription, please do so through the billing section within Pagem.

Closing Your Account & Refunds

You or Open Sky may terminate the Agreement and cancel any subscriptions at any time and for any reason through the Service. No refunds are provided on unused portions of subscriptions. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it.

Ownership and Export of Your Content

Open Sky does not claim ownership of your Content within your account. And you may export and download your Content from Pagem at any time by using the export features.

Account Ownership Disputes

Open Sky will decide who owns an account based on the registration information, billing information and/or the content in that account that we can verify with you. If multiple people or entities claim ownership of the account, we will rely on the registration information listed for that account. We may suspend any account associated with a dispute to protect the security and privacy of the data held within the account.

Term

When you sign up for the Service and agree to these Terms of Use, the term (the Term) of this Agreement will begin. The Term will continue for as long as you have a Service account or until you or we terminate the Agreement in accordance with these Terms of Use, whichever happens first. By entering your registration information and accepting these Terms of Use you have officially “signed” and accepted these Terms of Use.

T.2 PRIVACY and COOKIES

Please refer to our Privacy Policy and Cookie Policy for information on how we collect, manage, use and disclose information about you.

T.3 PROHIBITED CONDUCT

Prohibited Activities on Pagem

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using Pagem. When you access or use Pagem, you agree that you will not:


Compliance with Laws

You represent and warrant that your access to and use of Pagem will comply with all applicable laws, rules and regulations, including but not limited to those that relate to privacy and data protection and to the sending of electronic communications. You may not use Pagem for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.

Reporting Abuse

If you think anyone is violating any of these Terms of Use, please contact us immediately. If you received spam you think came from us, please contact us.

T.4 LICENSE, TRADEMARK and COPYRIGHT

Pagem, including but not limited to Pagem's associated text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the Intellectual Property) are owned by or licensed to Open Sky and are protected under both United States and foreign laws.

Except as explicitly stated in these Terms of Use, Open Sky and our licensors reserve all rights in and to our Intellectual Property. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Intellectual Property for your own personal use or for your business.

However, such license is subject to these Terms of Use and does not include any right to:


Any use of our Intellectual Property other than as specifically authorized herein, without our prior written permission, is strictly prohibited and may give rise to a claim for damages and/or be a criminal offense.

The Open Sky Software name and Pagem name are registered trademarks of Open Sky Software, Inc. All other trademarks, trade names, or company names referenced herein are used for identification only and are the property of their respective owners. The contents of Pagem are copyright ©2020 by Open Sky Software Inc., Dallas, TX. All rights not expressly granted through these Terms of Use are reserved.

T.5 THIRD PARTY CONTENT

We may display content, advertisements and promotions from, as well as links to, third parties through Pagem (Third Party Content). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.

T.6 LIABILITY and INDEMNIFICATION

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF PAGEM. OPEN SKY WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES, EVEN IF THEY'RE BASED ON NEGLIGENCE OR WE'VE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

IN ADDITION, IN NO INSTANCE WILL OPEN SKY OR OUR TEAM BE LIABLE FOR ANY LOSSES OR DAMAGES YOU SUFFER IF YOU USE PAGEM IN VIOLATION OF THESE TERMS OF USE, REGARDLESS OF WHETHER WE TERMINATE OR SUSPEND YOUR ACCESS DUE TO SUCH VIOLATION.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPEN SKY PROVIDES PAGEM AND ALL INCLUDED CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS. THIS MEANS THAT, EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE, WE DON'T PROVIDE WARRANTIES, CONDITIONS, OR UNDERTAKINGS OF ANY KIND IN RELATION TO PAGEM, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT ISN'T LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THESE TERMS OF USE. FURTHERMORE, OPEN SKY DOES NOT WARRANT THAT PAGEM AND INCLUDED CONTENT MADE AVAILABLE TO YOU THROUGH PAGEM OR EMAIL SENT BY US, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF PAGEM IS AT YOUR SOLE RISK.

IN ADDITION, WE DO NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY THIRD PARTY CONTENT MADE AVAILABLE ON OR LINKED TO BY PAGEM.

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

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Open Sky, our parent, subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the Open Sky Parties) from and against any loss, liability, claim, demand, damages, expenses or costs (Claims) arising out of or related to:


You agree to promptly notify Open Sky Parties of any third party Claims, cooperate with Open Sky Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that Open Sky Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in these Terms of Use between you and Open Sky or the other Open Sky Parties.

T.7 MISCELLANEOUS

No Rights of Third Parties

Except as otherwise provided herein, these Terms of Use do not create rights enforceable by third parties.

Applicable Law

Pagem is hosted in the United States, by visiting Pagem you agree that United States laws and/or the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Open Sky.

Severability

If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

Legal Fees and Expenses

If we file an action against you claiming you breached these Terms of Use and we prevail, we're entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.

Transfer and Processing Data

By accessing or using Pagem, you consent to the processing, transfer and storage of information about you in and to the United States, where you may not have the same rights and protections as you do under local law. For more information on how we store and transport your information, please read our Privacy Policy.

Export Compliance

Pagem may be subject to U.S. export control and economic sanctions laws (Export Controls). You agree to abide by all Export Controls as they relate to your access and use of Pagem. You may not access or use Pagem if you are located in a jurisdiction where the provisioning of Pagem is prohibited by law (a Prohibited Jurisdiction), and you may not provide access to Pagem to any government, entity or individual located in any Prohibited Jurisdiction. You represent and warrant that:


Submissions

By providing or submitting any statements, questions, comments, bug reports, feedback or proposed modifications concerning Pagem to Open Sky, you hereby agree to grant Open Sky a perpetual, royalty-free, non-exclusive, irrevocable, worldwide right to use, reproduce, display, modify, and create derivative works from such submissions in whole or in part. And you warrant that such submissions do not violate any third party rights.

Statute of Limitations

Any claim or cause of action arising out of your use of Pagem or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

T.8 CHANGES

Open Sky may change these Terms of Use at any time and from time to time. The most recent version is reflected by the version date at the top of this Terms of Use. All updates and amendments are effective immediately upon notice, which we may provided to you by email, notice through Pagem, and/or by updating the version date located on this page. We may discontinue Pagem or any included features at any time.

T.9 ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and Open Sky relating to your access to and use of Pagem. The failure of Open Sky to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use may not be assigned or transferred by you except with our prior written consent.

T.10 CONTACT US

If you you have any questions, requests, or comments relating to these Terms of Use please contact us at:

Open Sky Software, Inc.
Attn. Pagem
support@pagem.com
15400 Knoll Trail Crossing, Ste 370
Dallas, TX 75248 USA

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