Please read these carefully as your use of the services provided by TEXTBYREQUEST requires that you understand and agree to these Terms of Service. These may be modified from time to time by TEXTBYREQUEST for any reason, and without notice. TEXTBYREQUEST will update this document with any changes made so you are encouraged to periodically check the website for changes in the Terms of Service.
1. Purpose and Description of Services.
TEXTBYREQUEST provides users with a means of publishing information that can be
retrieved from mobile phones and the Internet. To use our Services, you select a
unique keyword. The use of such keyword in the TEXTBYREQUEST service does not grant
you ownership of such keyword. TEXTBYREQUEST retains ownership of all keywords in
its service and provides it to you on a month to month basis or for the period of
time agreed upon, and paid for when joining service. TEXTBYREQUEST may determine,
in its sole discretion, to limit the use of the Services, add data storage limitations,
change fees for the Services or otherwise modify the Services in the future. You
acknowledge and agree that these changes may take place and that TEXTBYREQUEST shall
have no liability stemming from such changes.
Any additions or modifications to the Services shall be in the
sole discretion of TEXTBYREQUEST and will be subject to these Terms of Service.
You are solely responsible for any fees, charges and expenses incurred by you in
accessing and using the Services - including, but not limited to, standard text
messaging charges that will depend on the plan that you have with your wireless
carrier. TEXTBYREQUEST uses reasonable efforts to ensure that the Services are available
on a 24/7 basis. However, there will be occasions when the Service will be interrupted
for maintenance, upgrades and emergency repairs or due to failure of telecommunications
links and equipment that are beyond the control of TEXTBYREQUEST. By using the Services
you agree that TEXTBYREQUEST shall not be liable to you for any modification, suspension
or discontinuance of the Services.
All materials displayed on the Site including, but not limited
to text, graphics, news articles, charts, presentations, User communications photographs,
images and illustrations, shall be referred to herein as "Content." TEXTBYREQUEST
attempts to maintain a website that is absent of offensive, indecent or objectionable
Content. You understand that by using TEXTBYREQUEST, you may be exposed to this
Content. Under no circumstances will TEXTBYREQUEST be liable in any way for any
Content, including, but not limited to, the subject matter of any Content, any errors
or omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise made
available via TEXTBYREQUEST.
People over whom TEXTBYREQUEST exercises no control develop
the Content delivered, stored or linked to by the Service. TEXTBYREQUEST's automated
machinery and computers store the Content that is presented by TEXTBYREQUEST, and
TEXTBYREQUEST cannot and does not screen the Content (but reserves the right to
do so) before including it in the Service. Using the Service may include Content
and/or links to Content that some people find objectionable, inappropriate, or offensive.
We cannot guarantee that Content found in the Service will not include unintended
or objectionable Content and assume no responsibility for the Content of any kind
provided through the Service.
2. Restrictions on the use of the Services.
By using the Services you agree that you will not:
(a) Use the Services for any illegal purpose;
(b) Upload, email or otherwise transmit any User Content that is unlawful, obscene,
harmful, threatening, defamatory or hateful or that contains objects or symbols
of hate, invade the privacy of any third party, contain nudity or child erotica,
or is otherwise objectionable.
(c) Upload, email or otherwise transmit any User Content that you do not have the
lawful right to transmit (including any User Content that would violate any confidentiality
or fiduciary obligations that you might have with respect to the content) or any
User Content that infringes the intellectual or proprietary rights of any third
party; or
(d) Interfere with or disrupt (or attempt to interfere with or disrupt) web pages
available at the Site or servers or networks connected to the Site, or disobey any
requirements, procedures, policies or regulations of networks connected to the Site.
TEXTBYREQUEST reserves the right at all times to terminate your account, and delete
any and all Content at, in whole or in part, for any reason including, but not limited
to, violations of these Terms of Service. If you do violate these Terms of Service,
TEXTBYREQUEST reserves the right to share any information with any third party.
In addition, TEXTBYREQUEST reserves the right at all times to disclose any User
Content as necessary to satisfy any law, regulation, governmental request or partner
request, in its sole discretion.
3. Age Requirements and Limitations on Use of Services.
Users of the Services must be at least 18 years of age.
Children under the age of 13 are not permitted to use the Service and no information
of children under the age of 13 will be knowingly collected by TEXTBYREQUEST. If
TEXTBYREQUEST determines that it has collected personal information of children
under the age of 13, TEXTBYREQUEST will immediately delete such information.
4. Trademarks and Copyrights
All trademarks, brands and service marks used in conjunction with the Services by
TEXTBYREQUEST shall be the property of TEXTBYREQUEST. TEXTBYREQUEST shall be the
owner of all copyright and database rights in the Services. You may not publish,
distribute, extract or reproduce any such content in any material form, except as
it relates to the personal use of the Services. This license does not apply to any
third party content stored at TEXTBYREQUEST. Permission for use of such content
must be obtained from the copyright owner. TEXTBYREQUEST claims no ownership interest
in the User Content.
User Content means any Content created or contributed to the Site by any user of
the Services. You acknowledge and agree that if you contribute any User Content,
including any widgets, you grant to TEXTBYREQUEST a perpetual, non exclusive worldwide,
royalty-free, transferable right and license to use in any way such User Content
(including all related intellectual property rights) to provide the Services.
5. Copyright Infringement.
TEXTBYREQUEST respects the intellectual property rights of others. However, you
agree that TEXTBYREQUEST is not responsible for any violations of any intellectual
property rights in any User Content. If you believe that your intellectual property
rights have been infringed by another party please contact TEXTBYREQUEST via the
email address:
support@textbyrequest.com
6. Disclaimer of Warranty and Limitations of Liability.
TEXTBYREQUEST expressly disclaims any responsibility or liability for the use of
the Services by you.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL TEXTBYREQUEST BE LIABLE TO YOU OR ANY USER ON ACCOUNT
OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION
OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF TEXTBYREQUEST HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM
INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION
OF THE SERVICES OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7. Indemnification.
You agree to defend, indemnify, and hold harmless TEXTBYREQUEST and its subsidiaries
and other affiliated companies, and their employees, officers, directors, contractors,
agents, licensors and suppliers, from all liabilities, losses, damages, claims,
costs and expenses, including reasonable attorney's fees, that arise from (i) use
or misuse of the Services or any person to whom you have granted access to the Services,
(ii) your violation of any of these Terms of Service, or (iii) any other activity
related to your account (including negligent or wrongful conduct). TEXTBYREQUEST
reserves the right, at it own expense, to assume the exclusive defense and control
of any matter otherwise subject to defense by you, in which event you will cooperate
with TEXTBYREQUEST and its counsel in the conduct of such defense.
8. Forum and Choice of Law.
These Terms of Service shall be governed by and construed in accordance with the
laws of the State of Indiana, without regard to its conflicts of law rules. You
expressly agree that the exclusive jurisdiction for any claim or action arising
out of or relating to these Terms of Service or your use of the Service shall be
filed only in the federal courts located in the State of Indiana, and you further
agree and submit to the exercise of personal jurisdiction of such courts for the
purpose of litigating any such claim or action. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or related
to use of the Services or these Terms of Service must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
9. Entire Agreement.
These Terms of Service constitute the entire agreement between the you, the user,
and TEXTBYREQUEST with respect to the subject matter contained herein and supersedes
any other agreement, proposals and communications, written or oral, between TEXTBYREQUEST
and you with respect to the subject matter hereof. If a court should find that one
or more rights or provisions contained in these Terms of Service are invalid, you
agree that the remainder of the Terms of Service shall be enforceable.
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