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1. ACCEPTANCE OF TERMS
Welcome to btexty. btexty provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current version of
the TOS at any time at: http://www.btexty.com/w/terms.
2. DESCRIPTION OF SERVICE
btexty currently provides users with applications for mobile devices
(the "Service"). You also understand and agree that the
Service may include advertisements and that these advertisements are
necessary for btexty to provide the Service. You also understand and
agree that the service may include certain communications from
btexty, such as service announcements, administrative messages and
the btexty Newsletter, and that these communications are considered
part of btexty membership and you will not be able to opt out of
receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new btexty properties, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and
that btexty assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
personalization settings.
You are responsible for obtaining access to the Service and that access
may involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to access
the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or
btexty has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, btexty has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof).
4. btexty PRIVACY POLICY
Registration Data and certain other information about you is subject to
our Privacy Policy. For more information, see our full privacy
policy
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify btexty of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. btexty cannot and will not be
liable for any loss or damage arising from your failure to comply with
this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated. This
means that you, and not btexty, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the Service. btexty
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will btexty
be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service to:
| a. |
upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise
objectionable; |
| b. |
harm minors in any way; |
| c. |
impersonate any person or entity, including, but not limited to,
a btexty official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or
entity; |
| d. |
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service; |
| e. |
upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual
or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements); |
| f. |
upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party; |
| g. |
upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that
are designated for such purpose (please read our complete Spam Policy); |
| h. |
upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment; |
| i. |
disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or
otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges; |
| j. |
interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service; |
| k. |
intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having
the force of law; |
| l. |
"stalk" or otherwise harass another; or |
| m. |
collect or store personal data about other
users. |
You acknowledge and agree that btexty may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of btexty, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
8. INDEMNITY
You agree to indemnify and hold btexty, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or
your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that btexty may establish general practices and limits
concerning use of the Service,
the maximum number of messages that may be sent from or received by an account on the
Service, the maximum size of any message that may be sent from or
received by an account on the Service, the maximum disk space that will be
allotted on btexty's servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in a
given period of time. You agree that btexty has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service.
You acknowledge that btexty reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
btexty reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SERVICE
btexty reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that btexty shall not be liable to you or
to any third party for any modification, suspension or discontinuance of
the Service.
12. TERMINATION
You agree that btexty may, under certain circumstances and without prior notice,
immediately terminate your btexty account, any associated email address, and access to the Service.
Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS
or other incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical issues or problems, and (f) extended periods of inactivity.
Termination of your btexty account includes (a) removal of access to all offerings within
the Service, including but not limited to btexty
(b) deletion of your password and all related information, files and content associated
with or inside your account (or any part thereof), and
(c) barring further use of the Service. Further, you agree that all terminations for
cause shall be made in btexty's sole discretion and that btexty shall not be liable to
you or any third-party for any termination of your account, any associated email address,
or access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that btexty shall not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because btexty has no control over such
sites and resources, you acknowledge and agree that btexty is not
responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that btexty shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through any such
site or resource.
15. btexty'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by btexty or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
btexty grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer or mobile device;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, or
to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree
not to access the Service by any means other than through the interface
that is provided by btexty for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. btexty EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
| b. |
btexty MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. |
| d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM btexty OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS. |
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT btexty SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF btexty HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
19. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
20. GENERAL INFORMATION
The TOS constitute the entire agreement between you and btexty and
govern your use of the Service, superceding any prior agreements between
you and btexty. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between you and btexty
shall be governed by the laws of Italy without regard to
its conflict of law provisions. You and btexty agree to submit to the
personal and exclusive jurisdiction of the courts located within Italy.
The failure of btexty to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to
use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
21. VIOLATIONS
Please report any violations of the TOS to info -AT- btexty.com
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