txto Terms of Service

IMPORTANT - READ BEFORE USING.

Do not use this Application until You have carefully read the following terms and conditions. By choosing or clicking “I Agree” (or similar), You acknowledge and accept the terms and conditions of this agreement (“Agreement”). If You do not agree, You are granted no rights in or to the Application and shall not use the Application.

This Application is owned and provided by txto. (“txto,” “We,” or “Us”). Use of the Application is offered to You conditioned on Your acceptance without modification of this Agreeement. You agree to familiarize Yourself with and abide by the Agreement if and when You use the Application.

DEFINITIONS

• "You" or "Your" means the person who is being licensed to use the Application.
• "Application" means all computer programs and documentation related to the txto application which focuses on creating text-based websites.

LICENSE GRANT

txto hereby grants to You a non-exclusive, non-transferable limited license to use the Application.

POLICY

• You are responsible for everything you post/upload. If We, in Our sole judgment, deem that You have violated this policy or Agreement, We reserve the right to terminate Your access to the Application and remove Your material. txto shall have no obligation or liability with regard to any deleted material.
• This site is not for sexually explicit material including, but not limited to, child exploitation. You grant us permission to disclose your private information to law enforcement, if We, in Our sole judgment, deem that You have violated this policy in any way or if we receive a subpoena or questions from law enforcement officers investigating child exploitation or any other violation of State, Federal or Local laws.
• This site is not for obscene material. Material that is designed to predominantly appeal to prurient interests, or which goes substantially beyond customary limits of society, is strictly prohibited.
• Respect copyright. Only post material that You made or that You are authorized to use. This means do not use content that someone else owns the copyright to (e.g., lyrics, text, etc.) without necessary authorizations.
• We encourage free speech and defend everyone's right to express unpopular points of view. But We do not permit hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).
• Predatory behavior, stalking, threats, harassment, intimidation, invading privacy, revealing other people’s personal information, and inciting others to commit violent acts shall be considered a violation of this Policy.
• txto will delete any pages that are more than 6 months old but have been viewed less than two times ever. If you make a txto and forget about it, it might not be there 6 months later.

TERMINATION

txto retains the right to, at any time, and in its sole discretion, terminate this AGREEMENT. Upon the termination of this AGREEMENT, all rights granted to You under this AGREEMENT shall immediately terminate and You shall discontinue all use of the Application.

SECURITY

Any user names and/or passwords used for this Application are for individual use only. You will be responsible for the security of Your user name and/or password (if any). txto is under no obligation to preserve or make accessible any data uploaded or posted through txto.

NO REPRESENTATIONS OR WARRANTIES

txto makes no representations or warranties that this Application is free of defects, viruses or other harmful components. txto shall not be responsible for any damages or loss that may result from the hacking or infiltration of this Application or associated computer systems and data servers. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS APPLICATION AND YOU AGREE TO HOLD txto HARMLESS FROM, AND YOU COVENANT NOT TO SUE txto FOR, ANY CLAIMS BASED ON THE USE OF THIS APPLICATION, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS APPLICATION. THE APPLICATION MAY CONTAIN TECHNICAL INACCURACIES, OUTDATED INFORMATION AND TYPOGRAPHICAL ERRORS. ALL MATERIALS, INFORMATION, APPLICATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” txto DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. txto MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE APPLICATION FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU. NO AGENT OF txto IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF txto AS SET FORTH HEREIN. ANY IMPLIED WARRANTIES THAT CANNOT BE EXCLUDED ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY THE APPLICABLE LAW.

DISCLAIMER OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL txto OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS APPLICATION, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF txto HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE CONSIDERATION WHICH txto IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY txto OF THE RISK OF LICENSEE'S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH LICENSEE'S USE OF THE APPLICATION AND DOCUMENTATION. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; txto’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. The essential purpose of this provision is to limit the potential liability of txto arising out of this AGREEMENT. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the license of the Application and that, were txto to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher. If You are dissatisfied with any portion of the Application, Your sole remedy is to cease using it.

INDEMNITY

You agree to defend, indemnify, and hold harmless txto and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of Your use of this Application, Your breach of this AGREEMENT, or Your infringement of the intellectual property rights of third parties.

GENERAL

This AGREEMENT shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed to give maximum legal effect to the intent expressed herein.

• This agreement is governed by, and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of Ohio or, if appropriate, the United States District Court for the Southern District of Ohio for the resolution of all disputes arising out of or relating to the use of this Application and the associated services. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this software or the software license pertaining to this agreement.
• txto may assign this AGREEMENT, in whole or in part, at any time.
• This AGREEMENT constitutes the entire agreement between txto and You with respect to this Application, and these agreements supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between txto and You with respect to the Application. As such, these terms of use represent the entire understanding relating to the use of this Application and prevail over any prior or contemporaneous, conflicting or additional communications.
• txto’s performance of this AGREEMENT is subject to existing laws and legal process. Nothing contained in this AGREEMENT is in derogation of txto’s right to comply with governmental, court and law enforcement requests relating to Your use of the Application, or information collected by txto in connection with such use.
• Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this Application is strictly prohibited. txto reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights txto may have.
• txto may change the terms of this AGREEMENT from time to time. You agree to check the txto's website, where the latest copy of the AGREEMENT will be posted, for any material changes. You expressly agree that the continued use of any software provided by the txto after the effective date of any change will constitute your consent to any such revised AGREEMENT. If at any time You do not accept any such revision, You must cease the use of the Application.
• The provisions which, by their nature, should survive termination of this AGREEMENT shall do so.

RESERVATION OF RIGHTS

All rights not expressly granted herein are reserved exclusively and entirely to txto.

END OF AGREEMENT

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