Raflbot Terms of Service
Hi! We (the folks at JosephLCameron, LLC) run a Mobile App and giveaway service called Raflbot
Raflbot is available through the Apple App Store & Google Play but please note:
Apple is not involved in any way with any contest or sweepstakes created with Raflbot.
Google is not involved in any way with any contest or sweepstakes created with Raflbot.
Full access to the Raflbot mobile app and all of its features is free with signup. We offer paid subscriptions for the following services through Raflbot.com: marketing text message blasts, and social media advertising management. We hope you find our service fun and easy to use, but we ask you to become familiar with the terms of service below. Please contact us if you have any questions!
Raflbot’s Terms Of Service
Acceptance of Terms | This Mobile App, Raflbot.com, (collectively referred to as “Raflbot” or the “App” in these Terms of Service) is owned and operated by JosephLCameron, LLC (“we”, “us” or “JosephLCameron, LLC”). Raflbot provides free and paid services to you subject to the Terms of Service (“TOS”) below. By using and accessing our App, you (“you”, “user” or, “end user”) agree to these Terms of Service.
At any time, we may choose to update these Terms of Service by posting an update to this page. We encourage you to frequent these TOS as your continued use of any of Raflbot’s services will mean you accept those changes, whether you’ve read them or not. In addition, you and Raflbot shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.
Our Description of Services | Raflbot is a smartphone application that allows business owners (referred to as the Admin”) to run a sweepstakes promotion by setting up a Raflbot phone number where they’d like to have individuals (the “Entrants”) enter the sweepstakes through text messaging MMS. Raflbot helps provide the tools that allow the Admin to moderate, verify, and automatically chooses instant-winners for their promotion (collectively referred to as the “Service”).
You understand and agree that the Service may include communications from Raflbot, such as administrative messages and service announcements. These communications are considered part of the Raflbot membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Raflbot properties, shall be subject to the Terms of Service. You also understand and agree that the Service is provided “AS-IS” and that Raflbot assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Raflbot Software License Rights & Restrictions | We hereby grant you a non-exclusive, non-transferable, worldwide right to access and use the App, solely with supported devices for your own internal purposes, subject to the Terms of Service. You may not permit the App to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Raflbot App. All rights not expressly granted to you are reserved by Raflbot and its licensors.
You agree to not modify or make derivative works based upon the Raflbot App. You also agree to not reverse engineer or access the Raflbot App in order to build a competitive product or service, build a product using similar features, functions or graphics of the Raflbot App, or copy any features, functions or graphics of the Raflbot App. You further acknowledge and agree that, as between the parties, Raflbot owns all right, title, and interest in and to the Raflbot App, including all intellectual property rights therein.
Admin Violations | We hope that all Admins use Raflbot in a safe and ethical manner. As a condition to your use of the Raflbot App, you shall not:
- use the Raflbot App to run a promotion and manipulate Entrants into entering your promotion without the intention of giving out a prize
- use email addresses collected by Raflbot maliciously or violate the CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, and gives recipients the right to have you stop emailing them, or any applicable electronic communications laws in your jurisdiction
- use the Raflbot App for any illegal or unauthorized purpose. You must not, in the use of the Raflbot App, violate any laws in your jurisdiction (including but not limited to copyright laws).
- post, email, upload, transmit or otherwise make available any information, materials or other content that is illegal, abusive, harmful, threatening, harassing, obscene, defamatory, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- collect, upload, phish, post, email, transmit or otherwise make available any login data and/or passwords for other web Apps, software or services
- collect, upload, phish, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Raflbot App
- upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the Raflbot App
- reverse engineer, decompile or disassemble any of the software used to provide the Raflbot App
- reproduce, duplicate or copy or exploit any other portion of the Raflbot App, without the express written permission of Raflbot;
- interfere with or disrupt the Raflbot App, or any servers or networks connected to the Raflbot App, or disobey any requirements, procedures, policies or regulations of networks connected to the Raflbot App
- modify, adapt or hack the Raflbot App or falsely imply that some other App is associated with Raflbot App
Pricing, Billing, Cancellation, & Refunds | Full use of the Raflbot mobile app is fee. We offer paid subscriptions for the following services through Raflbot.com: marketing text message blasts, and social media advertising management. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms below. Raflbot may add new services for additional fees, or amend fees and charges for existing services, at any time in its sole discretion. Any pricing changes or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms of Service.
By choosing to add paid services, your account will be converted to a paid account (the “Paid Account”). Paid services a single Paid Account are non-transferrable. Raflbot accepts credit cards and will automatically charge your credit card monthly or each time you purchase a promotion depending upon which payment option you select. If any fee is not paid in a timely manner, or Raflbot is unable to process your transaction using the credit card information provided, Raflbot reserves the right to suspend or revoke access to paid services.
The fees for your Paid Account will be billed from the date you elect, or convert to, a Paid Account and on each monthly or yearly renewal thereafter unless and until you cancel your account. Raflbot will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of your Paid Account. In the event your Paid Account began on a day not contained in a given month or year, Raflbot will bill your credit card on the last day of such month or year.
If your Paid Account began on January 30th, February 28th is the next time your credit card would be billed. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. Raflbot may also periodically authorize your credit card in anticipation of account or related charges. Refunds for all fees and charges are governed by our Refund Policy.
Should you elect to upgrade your Paid Account to a more expensive add-on service, the commencement date for your next renewal period will be reset and you will be billed for the first month or year of the upgraded level of service on a pro-rata basis. For example, if you begin your monthly billed Paid Account on April 25th, your next payment would be due on May 25th. On May 28th, you upgrade your Paid Account to a more expensive add-on package and pay the new amount associated with the upgraded Paid Account you have selected, less the amount equal to 7 days at your previous Paid Account rate. Your next payment would then be due on June 28th.
Raflbot may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you at least two weeks (14 days) advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your Subscriptions page. If your credit card reaches its expiration date, your continued use of the Raflbot constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Unless you notify Raflbot before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Your subscription can be canceled at any time in your account dashboard.
Raflbot strives to maintain a reliable and secure environment for your data and promotions. Security and availability of our Service is of utmost importance to us. However, the reliability of hosting services, internet intermediaries, your internet service provider, and other service providers cannot be assured. When you use the Raflbot App, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
The Raflbot mobile app and all of its features are free to use. It’s a great way to try out the Service free of charge if you’re thinking about adding additional paid services. Because of this, there is a refund policy in place for Raflbot Paid Accounts. We believe the policy to be fair and hope you find it fair, too. Contact Raflbot directly for refund inquires.
Raflbot is an mobile-based self-service. Mobile-based Self-services are a subtype of services driven by self-service technologies which provide technological interfaces allowing customers to use services independently of the involvement of direct service employee. While our Service hopefully makes it easy to launch a successful promotion, much of the success of your Raflbot promotion depends on your ability to promote your campaign. Raflbot does not provide refunds or credits for a giveaway promotion deemed as ‘poor performing’ by the admin.
CANCELING Raflbot PAID SERVICES MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR Raflbot.COM ACCOUNT. Raflbot DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS. FULL ACCESS TO THE Raflbot MOBILE APP WILL STILL BE PROVIDED FOR FREE.
By signing up for Raflbot Paid Services and providing Raflbot with your payment account information, you hereby agree to these payment terms and conditions.
Questions regarding pricing and billing may be directed to [email protected].
You acknowledge Raflbot is not responsible or liable for the failure of any Admin (or any third-party) to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any promotion or giveaway.
Raflbot DOES NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION OR GIVEAWAY DISTRIBUTED THROUGH THE APP UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE.
Admins may require you to provide personally identifiable information in order to participate in certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that Raflbot may use any information you provide consistent with Raflbot and these Terms of Service.
If you are an Admin of a promotion or giveaway, you acknowledge and agree that Raflbot merely facilitates the distribution of promotions and giveaways and understand that the App provides no safeguards ensuring that your promotions and media comply with any law, rule, regulation or policy. You also acknowledge and agree that you are responsible for ensuring that your promotion or media complies with any applicable law, rule, or regulation and agree to comply with all statements and promises made to Entrants (except to the extent such statements and promises violate the law).
Outside the United States | We make no claims that the App or any of its content is accessible, appropriate or legal outside of the United States. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Copyright Infringement & DMCA | As Raflbot asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Raflbot violates your copyright, you are encouraged to notify us. Raflbot will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Raflbot will terminate a visitor’s access to and use of the App if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Raflbot or others. In the case of such termination, Raflbot will have no obligation to provide a refund of any amounts previously paid to Raflbot.
Third-Party Apps | The App may contain links to other Mobile Apps maintained by third-parties. These links are provided solely as a convenience and does not imply endorsement of, or association with, the party by Raflbot.
Modification of Agreement | As stated earlier, Raflbot reserves the right to change or modify any of the terms and conditions contained in this agreement at any time. You acknowledge and agree that it is your responsibility to review the App and these Terms of Service. Your continued use of the App after such modifications to this agreement will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
Termination of Use | Raflbot may terminate your access to all or any part of the App at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your Raflbot account (if you have one), you may simply discontinue using the App. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of Liability | IN NO EVENT WILL Raflbot, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (i) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (ii) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (iii) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (iv) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO Raflbot UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. Raflbot SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Warranty Disclaimer | THE APP IS PROVIDED “AS-IS”. Raflbot AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER Raflbot NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE MOBILE APP WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. WHILE Raflbot ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE APP SAFE, Raflbot DOES NOT REPRESENT OR WARRANT THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Governing Law | This Terms of Service agreement and your use of the Raflbot App shall be governed by the laws of the United States of America and the State of New Jersey without regard to its conflicts of laws principles. Any legal action or proceeding related to the Raflbot App shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey.
Indemnification | You further agree to indemnify, defend and hold harmless Raflbot and its parent companies, affiliates, and subsidiaries; and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all claims, losses, liability, damages and/or costs (including attorneys’ fees and costs) arising from your use of the Service. Your indemnification includes, without limitation, all claims related to the posting or entries to or from the App. Raflbot will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
Last Update | This agreement was last updated on April 12th, 2018.
Contact | If you have any questions regarding these Terms of Service please contact us by email at [email protected].