Terms and Conditions of Textatize.com
These terms and conditions shall apply to all users, clients and participants of Textatize, its website and programs.
A Temporary, Revocable License is granted to all users/clients of “Textatize” to use the services provided by this website. Users/clients of “Textatize” shall be responsible for the control of access and use of your account and password and for restricting access to your computer or any other device used to access this or a third-party website directed via Textatize or its website, and you agree to accept responsibility for all activities that occur under your account and password.
The users/clients of “Textatize” hereby agree to honor the rights of “Textatize” pertaining to algorithms, software, software code, technologies, concepts and ideas. Users/clients shall not decipher, dismantle, obtain, disrupt, destroy, copy or distribute the aforesaid algorithms, software, software code, technologies, concepts and ideas without the prior written permission of “Textatize”. Also see Clause 8 hereto.
Textatize is a website by which you may advertise by sending MMS and/or SMS for a fee.
The following General Terms and Conditions (also hereinafter referred to as “GTC”) of Sale apply to and are incorporated into all purchase agreements entered into with Textatize to all Textatize s offers, quotations, deliveries and services provided by Textatize with or without notice.
The General Terms and Conditions of the Client or another party shall never apply, unless otherwise agreed in writing. The applicability of general terms and conditions of the Client (or any other party) is expressly excluded.
Should at any point in time, be proved that one or more of the articles in the GTC are invalid, then the other terms and conditions contained herein, shall remain in force between the parties.
No variation to these terms and conditions may be agreed other than in writing by authorized representatives of the parties or by electronic form and any variations to particular purchase agreements shall not apply to other purchase agreements unless expressly confirmed in writing.
- CONTENTS OF THE DISTRIBUTED MESSAGES
The distributed material shall not
>defame anything or person
>contain libelous statements
>contain pornography or other sexually explicit content including abusive language
>contain malicious computer software/code or anything else that may damage devices, data or personal image
>harass or cause mental pain or stress to any person
>obtain data of any sort without the consent of the receiver
>be spam or bulk email or chain letters
>be prohibited advertising by law
>invitation to enter into prohibited contract
>invitation to or information of gambling or lottery
>cause unfair competition
>be in violation of privacy and intellectual property rights of another
>be against the law
>use the service to solicit
“Textatize” does not promise to obtain new customers, viewers or to increase the revenue of a particular business. The user/client agrees that “Textatize” is only a tool to sms/mms advertising and does not extend its services beyond sending sms/mms.
“Textatize” does not undertake that the distributed sms/mms shall be delivered or viewed by the recipient. Delivery of a sms/mms shall depend on numerous factors, including but not limited to the availability of the recipient, availability of the network, capability of the recipient device, regulations of the government etc.
- RETENTION OF DATA
Any data collected by “Textatize” by its own, shall not be governed hereunder.
- COMMERCIAL USE OF THE SERVICE
Use of the service provided by “Textatize” is intended for the personal use of the user/client. The user hereby agrees that acting in breach of the commercial rights of “Textatize” shall render the user/client liable. The user agrees not to re-sell any and all material obtained from “Textatize”.
Any person under the age of 18 shall ask for the assistance and supervision of an adult when registering with “Textatize” or its website and every time when making contact with a third-party who can be contacted through “Textatize”. Parents/guardians hereby agree to monitor all activity done by the minor and to ensure the safety of the minor.
- ABUSIVE/INAPPROPRIATE BEHAVIOR
All users hereby agree not to behave, comment or express abusive content of any sort.
Inappropriate behavior including but not limited to nudity or violence is penalized and shall not be entertained.
“Textatize” shall not be liable for any communication by and between the users/clients/participants of “Textatize” and its programs, during or after or through a channel outside “Textatize” or its programs or websites.
In the case of minors, parents/guardians hereby agree to monitor all activity done by the minor and to ensure the safety of the minor.
Users/clients/participants agree not to share personal information including personal media with any other user through this website or by using its services. No user shall procure a meeting for any reason with a minor by during or after the course.
Any user/client may subscribe to the services of “Textatize” and by doing so, a user/client consents to be contacted through email.
“Textatize” shall charge a fee from its clients/users. No fee is refundable by “Textatize” obtained for the services “Textatize”. Such fee prescribed by “Textatize” for the services can be through a separate instrument or by merely displaying a package price.
No automatic return/refund policy exists for any payment made.
“Textatize” reserves the right to amend this section.
Descriptions and prices offered on “Textatize.com” are merely invitations to treat and are not offers.
If “Textatize” comes to notice that a user/client is or purported to be behaving in such a way that poses a threat to the image or good name or the business of Textatize, such users/clients may be warned or restricted from accessing their account.
If a user/client of this website provides false details when registering, “Textatize” may cancel such account and subscription.
- SERVICE DISCONTINUATION
“Textatize” reserves the right to discontinue its services with or without prior notice.
- JURISDICTION AND DISPUTE RESOLUTION
All clients/participants hereby agree to resolve their matters amicably with Textatize and where a client/participant or Textatize cannot reach an acceptable resolution, all matters shall be referred for arbitration and thereafter to the courts of Sacramento, California, USA. Neither proceedings shall be instituted nor rights be vindicated in any other jurisdiction and the client/participant expressly hereby waives his rights to do so.
“Textatize” undertakes to protect and destroy the information a user/client provides after its use. All communications between user/client and “Textatize” shall be regarded as confidential.
Where any clause or part of clause in this instrument fails or becomes invalid, void, illegal or ineffective, the remaining parts shall prevail and have full force of law.
LAST UPDATED: 4/29/2018
Address: 916 2nd street, Sacramento, CA 95814