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My TexTalk Terms of Use

August 20, 2007

Mytextalk.com is a text messaging forum that allows visitors to contribute their text messaging terms online as well as their opinions on the opposite sex. The services offered by Mytextalk.com ("Mytextalk.com" or "we") include the Mytextalk.com website (the "MyTextalk Website"), the My Textalk pocket book glossaries, and any other features, content, or applications offered from time to time by My Textalk in connection with the MyTextalk Website (collectively, the "MyTextalk Services"). The My Textalk Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the My Textalk Services. By using the My Textalk Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the My Textalk Website) or you are a "User" (which means that you have registered with Mytextalk.com). The term "User" refers to a Visitor or a User. You are only authorized to use the My Textalk Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the My Textalk Website and discontinue use of the My Textalk Services immediately. If you wish to become a User, communicate with other Users and make use of the My Textalk Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Mytextalk.com's policy for acceptable use of the My Textalk Services and Content posted on the Mytextalk.com Website, your rights, obligations and restrictions regarding your use of the My Textalk Services and Mytextalk.com's Privacy Policy. Unless otherwise provided by the additional terms and conditions applicable to the My Textalk Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: This e-mail address is being protected from spambots, you need JavaScript enabled to view it , Subject: Terms of Use Agreement.

Mytextalk.com may modify this Agreement from time to time and such modification shall be effective upon posting by Mytextalk.com on the My Textalk Website. You agree to be bound to any changes to this Agreement when you use the My Textalk Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Mytextalk.com and that you provide to other My Textalk. Your Mytextalk.com forum postings may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Mytextalk.com Users (for instance, in their forum postings) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Mytextalk.com assumes no responsibility or liability for this material. If you become aware of misuse of the My Textalk Services by any person, please contact My Textalk or click on the "Feedback" link at the bottom of any Mytextalk.com page.

Mytextalk.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the My Textalk Services at any time, for any or no reason, with or without prior notice, and without liability. My Textalk expressly reserves the right to remove your posting and/or restrict, suspend, or terminate your access to any part of My Textalk Services if My Textalk determines, in its sole discretion, that you pose a threat to My Textalk and/or its My Textalk.

  1. Eligibility. Use of and Usership in the My Textalk Services is void where prohibited. By using the My Textalk Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the My Textalk Services does not violate any applicable law or regulation. Your posting may be deleted and your Usership may be terminated without warning, if we believe that you are under 14 years of age.
  2. Term. This Agreement shall remain in full force and effect while you use the My Textalk Services or are a User. You may terminate your Usership at any time, for any reason, by deleting your username and password in the forum’s login area. Mytextalk.com may terminate your Usership at any time, without warning. Even after Usership is terminated, this Agreement will remain in effect, including sections 5-17.
  3. Fees. You acknowledge that Mytextalk.com reserves the right to charge for the My Textalk Services and to change its fees from time to time in its discretion. If Mytextalk.com terminates your Usership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
  4. Password. When you sign up to participate in a forum, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Mytextalk.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  5. Proprietary Rights in Content on Mytextalk.com.
    1. Mytextalk.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the My Textalk Services. After posting your Content to the My Textalk Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the My Textalk Services, you hereby grant to Mytextalk.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the My Textalk Services. Without this license, Mytextalk.com would be unable to provide the My Textalk Services. The license you grant to Mytextalk.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Mytextalk.com), fully-paid and royalty-free (meaning that Mytextalk.com is not required to pay you for the use on the My Textalk Services of the Content that you post), sublicensable (so that Mytextalk.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the My Textalk Services), and worldwide (because the Internet and the My Textalk Services are global in reach). This license will terminate at the time you remove your Content from the My Textalk Services. The license does grant Mytextalk.com the right to sell your Content, as well as the right to distribute your Content outside of the My Textalk Services.
    2. You represent and warrant that: (i) you own the Content posted by you on or through the My Textalk Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the My Textalk Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the My Textalk Services.
    3. The My Textalk Services contain Content of Mytextalk.com ("Mytextalk.com Content"). Mytextalk.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Excel in Marketing LLC owns and retains all rights in the Mytextalk.com Content and the My Textalk Services. Mytextalk.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Mytextalk.com Content (excluding any software code) solely for your personal use in connection with viewing the My Textalk Website and using the My Textalk Services.
    4. The My Textalk Services contain Content of My Textalk and other Mytextalk.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the My Textalk Services.
  6. Content Posted.
    1. Mytextalk.com may delete any Content that in the sole judgment of Mytextalk.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Mytextalk.com assumes no responsibility for monitoring the My Textalk Services for inappropriate Content or conduct. If at any time Mytextalk.com chooses, in its sole discretion, to monitor the My Textalk Services, Mytextalk.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
    2. You are solely responsible for the Content that you post on or through any of the My Textalk Services, and any material or information that you transmit to other Users and for your interactions with other My Textalk. Mytextalk.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Mytextalk.com prior to posting and does not necessarily reflect the opinions or policies of Mytextalk.com. Mytextalk.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users.
  7. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the My Textalk Services. Mytextalk.com reserves the right to investigate and take appropriate legal action against anyone who, in Mytextalk.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the My Textalk Services and terminating the Usership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Mytextalk.com:
    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. solicits personal information from anyone under 18;
    6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    12. solicits passwords or personal identifying information for commercial or unlawful purposes from other My Textalk;
    13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    14. includes a photograph of another person that you have posted without that person's consent; or
    15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
      16. The following is a partial list of the kind of activity that is illegal or prohibited on the My Textalk Website and through your use of the My Textalk Services. Mytextalk.com reserves the right to investigate and take appropriate legal action against anyone who, in Mytextalk.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
    16. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    17. advertising to, or solicitation of, any User to buy or sell any products or services through the My Textalk Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the My Textalk Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation,
    18. covering or obscuring the banner advertisements on your personal profile page, or any Mytextalk.com page via HTML/CSS or any other means;
    19. any automated use of the system, such as using scripts to add friends or send comments or messages;
    20. interfering with, disrupting, or creating an undue burden on the My Textalk Services or the networks or services connected to the My Textalk Services;
    21. attempting to impersonate another User or person;
    22. for band profiles, copying the code for your My Textalk Player and embedding it into other profiles or asking other Users to embed it into their profiles;
    23. using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
    24. selling or otherwise transferring your profile;
    25. using any information obtained from the My Textalk Services in order to harass, abuse, or harm another person;
    26. displaying an advertisement on a forum, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the My Textalk Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
    27. using the My Textalk Services in a manner inconsistent with any and all applicable laws and regulations.
  8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Mytextalk.com to terminate user privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Mytextalk.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the My Textalk Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the My Textalk Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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.
  9. User Disputes. You are solely responsible for your interactions with other Mytextalk.com Users. Mytextalk.com reserves the right, but has no obligation, to monitor disputes between you and other Users.
  10. Privacy. Use of the My Textalk Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  11. Disclaimers. Mytextalk.com is not responsible for any incorrect or inaccurate Content posted on the My Textalk Website or in connection with the My Textalk Services, whether caused by My Textalk of the My Textalk Services or by any of the equipment or programming associated with or utilized in the My Textalk Services. Profiles created and posted by Users on the My Textalk Website may contain links to other websites. Mytextalk.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Mytextalk.com. Inclusion of any linked website on the My Textalk Services does not imply approval or endorsement of the linked website by Mytextalk.com. When you access these third-party sites, you do so at your own risk. Mytextalk.com takes no responsibility for third party advertisements which are posted on this My Textalk Website or through the My Textalk Services, nor does it take any responsibility for the goods or services provided by its advertisers. Mytextalk.com is not responsible for the conduct, whether online or offline, of any User of the My Textalk Services. Mytextalk.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. Mytextalk.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the My Textalk Services or combination thereof, including any injury or damage to My Textalk or to any person's computer related to or resulting from participation or downloading materials in connection with the My Textalk Services. Under no circumstances shall Mytextalk.com be responsible for any loss or damage, including personal injury or death, resulting from use of the My Textalk Services, attendance at a Mytextalk.com event, from any Content posted on or through the My Textalk Services, or from the conduct of any My Textalk of the My Textalk Services, whether online or offline. The My Textalk Services are provided "AS-IS" and as available and Mytextalk.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Mytextalk.com cannot guarantee and does not promise any specific results from use of the My Textalk Services.
  12. Limitation on Liability. IN NO EVENT SHALL MYTEXTALK.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MYTEXTALK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYTEXTALK.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MYTEXTALK.COM FOR THE MY TEXTALK SERVICES DURING THE TERM OF USERSHIP.
  13. U.S. Export Controls. Software available in connection with the My Textalk Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the My Textalk Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
  14. Disputes. If there is any dispute about or involving the My Textalk Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Francisco. Either Mytextalk.com or you may demand that any dispute between Mytextalk.com and you about or involving the My Textalk Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent Mytextalk.com from seeking injunctive relief in a court of competent jurisdiction.
  15. Indemnity. You agree to indemnify and hold Mytextalk.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the My Textalk Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the My Textalk Website or through the My Textalk Services causes Mytextalk.com to be liable to another.
  16. Other. This Agreement is accepted upon your use of the My Textalk Website or any of the My Textalk Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Mytextalk.com regarding the use of the My Textalk Services. The failure of Mytextalk.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Mytextalk.com is a trademark of My Textalk, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact My Textalk with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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