This is a legal agreement between you, the potential user of this website ("you")
and TextforText. Your use of this website ("Site") or any of the products and services
offered on this Site (collectively, the "Services") is conditioned on your acceptance
without modification of these Terms of Service ("Terms"). Please read these Terms
carefully. If you do not agree to these Terms, you should not use the Site or Services.
TextforText may at its sole discretion modify these Terms at any time and such modifications
will be effective immediately upon being posted on this Site. The most current version
of these Terms can be accessed through the "Terms of Service" link at the bottom
of the Site. You agree to review these Terms periodically, and your continued use
of the Site and Services after the posting of modifications constitutes your affirmative
agreement to abide and be bound by the Terms, as modified.
Changes to the Site
TextforText reserves the right to modify or discontinue any of the Services and
material displayed on or offered through the Site, with or without notice to you,
and is not obligated to support or update the Site or Services.
Eligibility
Use of the Site and Services is for personal, non-commercial use and is void where
prohibited. You shall comply with all applicable local, state, federal and national
laws, statutes, ordinances and regulations regarding the use of the Site and Services.
You represent and warrant that all registration information you submit is truthful
and accurate and that you agree to maintain the accuracy of such information. You
must be a resident of the Continental United States of America, Alaska or Hawaii
at least 18 years of age and have Internet access, a valid e-mail address, and a
valid mailing address to register for the Site and Services. While individuals between
the ages of 13 and 18 may utilize the Site and Services, they may do so only with
the involvement of a parent or legal guardian. If you are 13 or older but under
the age of 18, you should review these Terms with your parent or guardian to make
sure that you and your parent or guardian understand and agree to these Terms.
Trading
You are entitled to receive one item from another TextforText user for every item
you successfully ship from your account. A shipment is deemed successful when the
TextforText user requesting your item notifies TextforText that the item arrived
within 20 days of your agreement to ship and is in good condition. Without limiting
other remedies, TextforText may elect not to credit your account for any items reported
as lost, broken, incorrect or unusable. You may not illegally copy item's content
or keep copies of items you trade. Your access to the Site or Services may be immediately
terminated in the event you use the Site or Services for illegal purposes or make
unlawful copies of items or unlawfully distribute items. You acknowledge and agree
that you have valid title and ownership rights to any item that you make available
on the Site or Services. You are aware that not all items are available on the Site
or via the Services and that TextforText does not guarantee you will receive any
item nor that any item you do receive will be in good condition.
Privacy Policy
TextforText's personal information practices on the Site and Services are governed
by TextforText's Privacy Policy. Please review this Privacy Policy.
Cookies
TextforText may place a cookie or other small text file on any computer from which
you access the Site or Services and you consent to that placement
Consent to Receive E-mail
By using the Site and Services, you consent to receiving e-mails from TextforText.
These e-mailings will include notices about your account (for example, shipping
and receiving e-mails) and information concerning or related to the Site or Services,
such as recommendations or notifications of posted blurbs. These e-mailings are
part of your relationship with TextforText.
Your Conduct
You warrant, represent and agree that you will not contribute any Content that infringes
or violates the rights of any other party or violates any laws, contributes to or
encourages infringing or otherwise unlawful conduct, or is obscene or in poor taste.
You agree that use of the Site and Services is subject to all applicable national,
federal, state, and local laws and regulations, and that you are solely responsible
for the contents of your communications through the Site and Services.
Objectionable Material
You understand that by using the Services you may encounter content that may be
deemed objectionable, obscene or in poor taste, which content may or may not be
identified as having explicit language. You agree to use the Services at your own
risk and that TextforText shall have no liability to you for content that you may
find objectionable, obscene or in poor taste.
Intellectual Property
You agree that the Site and Services, including but not limited to graphics, audio
clips, and editorial content, contain proprietary information and material that
is owned by TextforText and/or its licensors, and is protected by applicable intellectual
property and other laws, including but not limited to copyright, and that you will
not use such proprietary information or materials in any way whatsoever except for
use of the Site and Services in compliance with these Terms. No portion of the Site
or Services may be reproduced in any form or by any means. You agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the Site
or Services in any unauthorized way whatsoever.
The trademarks, logos and service marks (collectively, the "trademarks") displayed
on the Site or Services, unless otherwise specified, are the registered and unregistered
trademarks of TextforText or their respective owners. Nothing contained on the Site
or Services shall be construed as granting, by implication or otherwise, any license
or right to use any trademark displayed on the Site or Services without the express
written permission of the trademark owner.
Claims of Copyright Infringement
TextforText respects the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following information:
An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located
on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
TextforText's Copyright Agent for notice of claims of copyright infringement can
be reached as follows: Copyright Agent, TextforText
Software Available on the Site
All software that is made available on the Site is the copyrighted work of TextforText
and/or its suppliers and is licensed, not sold. Your use of any such software is
governed by the terms of the license agreement, if any, which accompanies or is
included with the software. You may not install or use any software that is accompanied
by or includes a license agreement unless you first agree to the terms of the license
agreement. For any software not accompanied by a license agreement, TextforText
hereby grants you a non-exclusive, revocable, personal, non-transferable license
to use the software solely in connection with the Site and Services in accordance
with these Terms.
You will not disassemble, decompile or reverse engineer the software. You acknowledge
that the software and any accompanying documentation is subject to applicable export
laws and regulations of the United States. You agree not to export or re-export
the software, directly or indirectly, to any countries that are subject to United
States export restrictions.
Your license to use the software terminates upon the termination of your access
to the Site or Services. Your license to the software may also terminate if TextforText,
in its sole discretion, modifies the Site or Services to no longer support the software.
Disclaimers of Warranties
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED
HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. TextforText
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS
CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS
AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE
OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY
AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS,
ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION,
TextforText DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS
SITE IS ACCURATE, COMPLETE OR CURRENT. AVAILABILITY INFORMATION IS SUBJECT TO CHANGE
WITHOUT NOTICE.
Limitations on Liability
IN NO EVENT SHALL TextforText, ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT,
CONTRACTOR OR EMPLOYEE OF TextforText BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD
PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION
WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING
ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH,
CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR
ACCOUNT AND PASSWORD, WHETHER OR NOT TextforText HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY
OR INDIRECTLY FROM YOUR USE OF THIS SITE.
User Disputes
You are solely responsible for your interactions with other TextforText users. TextforText
reserves the right, but has no obligation, to monitor disputes between you and other
users.
Electronic Signature and Contracts
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT
TO BE BOUND BY SUCH AGREEMENTS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC
SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON
THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS.
Notices
TextforText may send you notice with respect to the Site or Services by sending
an e-mail message to the e-mail address listed in your account information, by sending
a letter via postal mail to the shipping address listed in your account information,
or by a posting on the Site. Notices shall become effective immediately when posted
to the Site and upon delivery when sent by e-mail or postal mail.
Miscellaneous
These Terms constitute the entire agreement between you and TextforText and govern
your use of the Site and Services, superseding any prior agreements between you
and TextforText. You may also be subject to additional terms and conditions that
may apply when you use third-party content or third party-software. If any part
of these Terms is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain in full
force and effect. TextforText's failure to enforce any right or provision in these
Terms will not constitute a waiver of such provision, or any other provision of
these Terms. If any provision of these Terms is found by a court of competent jurisdiction
to be invalid, the other provisions will remain in full force and effect. TextforText
will not be responsible for failures to fulfill any obligations due to causes beyond
its control. No agency, partnership, joint venture or employment is created as a
result of these Terms. All provisions of these Terms which by their nature should
survive termination will survive termination, including, without limitation, ownership
provisions, warranty disclaimers, and limitations of liability.