BY CLICKING THE “I ACCEPT” BUTTON BELOW, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.
Introduction Please read these Terms of Service (“Terms”) carefully. They contain the legal terms and conditions that govern your use of services provided to you by TexTivia, including information, text, images, graphics, data or other materials (“Content”) and products and services provided through www.textivia.com and code forming or incorporated in to www.textivia.com (the “Service”). This Service is operated by TexTivia Inc. TexTivia is also referred to in this Agreement as “we”, “our”, and “us”. By using our Service, you agree to be bound by the terms of this Agreement, which contains provisions applicable to all users of our Service, including visitors to the TexTivia website (the “Site”).
1. Availability This Service is provided by TexTivia on an “AS IS” and “AS AVAILABLE” basis and TexTivia reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that TexTivia is and will not be liable to you for any modification, suspension or discontinuance of the Service.
3. Trademarks and Other Intellectual Property All brand, product and service names used in this Service which identify TexTivia or third parties and their products and services are proprietary marks of TexTivia and/or the relevant third parties. All of the those brand, product and service names, and all products, services, content, information displayed, performed or otherwise accessible through this website, and all derivatives, selections and arrangements thereof (collectively “Intellectual Property”), are the property of TexTivia. Their use, except in connection with TexTivia and textivia.com, is prohibited. Nothing in this website, Service or User Agreement shall be deemed to confer on any person any license or right to use or exercise any other rights of licensure or ownership of any of the Intellectual Property.
4. External Links TexTivia may provide links to third-party websites or resources. You acknowledge and agree that TexTivia is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TexTivia of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
5. How to Play TexTivia is a sweepstakes based game that offers the opportunity to win prizes and valuable discounts or coupons. To play you must enter to win at www.textivia.com or https://apps.facebook.com/textiviasweepstakes/?ref=bookmarks Sweepstakes end dates, discounts or prizes can be changed at anytime. You agree that TexTivia is and will not be liable to you for any modification, suspension or discontinuance of the Service from TexTivia or clients of TexTivia.
Winners are picked at random by TexTivia on the posted giveaway dates. Winners are emailed, and their first and last names are posted on TexTivia’s Facebook wall and the Facebook pages wall that offered the giveaway.
6. Conduct You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to TexTivia that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. TexTivia does not endorse any content placed on this Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless TexTivia, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, actual attorney’s and expert fees arising out of or in any way connected with your access to or use of the Services or your violation of this Agreement.
7. Disclaimer of Warranty and Limitation of Liability TEXTIVIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TEXTIVIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. TEXTIVIA MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT TEXTIVIA IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE LIMITED REMEDIES SPECIFICALLY STATED HEREIN, TEXTIVIA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF TEXTIVIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL TexTivia’s AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO TEXTIVIA PURSUANT TO THIS AGREEMENT.
8. Amendments We reserve the right to amend the terms of this Agreement from time to time in our sole discretion and without notice to you. If you have registered as a member, we shall send an email to the address you have provided to TexTivia for your account that summarizes any material amendment to the terms of this Agreement. For all other users, we will post the revised Agreement on our website, textivia.com. If you continue to use the Service after the effective date of the revised Agreement, you will be deemed to have accepted and agreed to the Agreement as amended. If you do not agree to the revised Agreement, your only remedy shall be to request termination of your account with us and/or discontinue using the Service.
9. General This Agreement constitutes the entire agreement between TexTivia and you with respect to your use of the Service. TexTivia’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in this Agreement is invalid, you agree that the remainder of this Agreement shall be enforceable. TexTivia shall have the right to assign its rights and/or delegate its obligations under this Agreement, in whole or in part, to any combination of individuals and/or business entities. You may not assign your rights or delegate your obligations under this Agreement without first obtaining the written consent of TexTivia. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to choice of law principles. Any disputes arising under or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts situated in the County of Erie, State of New York.
10. Registration To register as a member of the Service or purchase products, you must be at least 18 years of age and a legal United States resident. In no event may anyone under the age of 18 submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your cell phone number and or email address, since that is a primary way in which (i) we will communicate with you about your account and (ii) you may receive the benefits of being a member of the Service.
11. Password When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify TexTivia of any unauthorized use of your password by navigating to and completing a report of unauthorized use.
12. Suspension and Termination of Access and Membership You agree that TexTivia may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order, or terminate your membership and delete any and all Content stored on the TexTivia Site, in TexTivia’s sole discretion, if you fail to comply with this Agreement and the laws applicable to the Service, the TexTivia Site, or any other subject matter of this Agreement.
Policy TexTivia does NOT CHARGE for this service in any way to our members. If you have any comments or questions about the Service, this Agreement or any of TexTivia’s policies or practices, please contact us by email at firstname.lastname@example.org
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