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Terms of Service and Privacy Policy
Txt-Chat is designed to help adults find and
contact one another using SMS text messaging. By using Txt-Chat and/or
the associated web site, www.Txt-chat.co.uk,
you agree to the following Terms of Service. Please read them
carefully!
Summary of Terms of Service
- You must be at least 18 years old to register.
- You agree to provide honest and accurate information about
yourself.
- Your photo may be used either in the public gallery or in
promotional material relating to the product 'Txt-Chat'.
- You agree not to use the Service for illegal purposes or
for the transmission of material that is unlawful, harassing,
libellous, invasive of another's privacy, sexually and/or racially
offensive, abusive, threatening, harmful, obscene, or otherwise
offensive, or that infringes or may infringe on the rights
of another.
- You agree to be responsible for your interactions with other
members. You agree that Txt-Chat is not responsible or liable
for content posted on the service by third parties or members
or the conduct of any member.
- You agree to the terms and conditions of our Privacy Policy.
Please report any violations of the Terms of Service by texting
ADMIN back to the Service
1.0 ACCEPTANCE OF TERMS & CONDITIONS
The Txt-Chat service ("Txt-Chat" or
the "Service")
is presented by g8wave and is owned and operated by g8wave limited.
located at 10 Tile Yard Studios, Tileyard Road, London N7 9AH.
The Service is provided to you under the terms and conditions
of these Terms of Service and any amendments thereto and any
operating rules or policies ("Agreement"). This is
a legal agreement between you ("Member") and g8wave.
BY COMPLETING THE REGISTRATION PROCESS AND INDICATING "I
HAVE READ, UNDERSTOOD, AND ACCEPT THE Txt-Chat TERMS OF SERVICE," YOU
REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND AGREE TO
BE BOUND BY THIS AGREEMENT.
2.0 MEMBER'S REGISTRATION INFORMATION
As a condition of use of the Service, you agree to: (a) provide
honest, accurate, current, and complete information about yourself
during the registration process, including but not limited to
your contact and billing information; and (b) to maintain and
update this information to keep it accurate. If any information
provided by you is untrue or incomplete, g8wave has the right
to terminate your account and refuse you any and all current
or future use of Txt-Chat.
3.0 CONDUCT
You agree to be solely responsible for the content of your transmissions
to or through the Service and for your interactions with other
Txt-Chat members.
- 3.1 You agree that your Txt-Chat membership is for your
sole, personal use. You may not authorize others to use your
membership, and you may not assign or otherwise transfer
your account to any other person or entity.
3.2 You agree to be solely responsible for the content or
information you publish or display on the Txt-Chat service,
or transmit to other Txt-Chat members.
3.3 You agree not to transmit any unlawful, harassing, libellous,
privacy invading, sexually and/or racially offensive, abusive,
threatening, harmful, vulgar, obscene, or otherwise objectionable
material of any kind.
3.4 You agree not to transmit, post, distribute, or reproduce
in any way any copyrighted material, trademarks, or other
proprietary information without obtaining the prior consent
of the owner of such proprietary rights. You agree not to
transmit, post, distribute or reproduce in any way any material
that violates the rights of another, including but not limited
to the intellectual property rights.
3.5 You agree not to engage in advertising to, or solicitation
of, other members to buy or sell any products or services
through the Service.
3.6 You agree not to transmit "junk mail," "spam," "chain
letters," or unsolicited mass distribution of text mail,
or to use the Service for any commercial purposes.
3.7 You agree that you are solely responsible for your interactions
with other Txt-Chat members. g8wave reserves
the right, but has no obligation, to monitor disputes between
you and other members.
3.8 You agree not to include in your profile any telephone
numbers, street addresses, last names, URLs, email addresses.
g8wave reserves the right, but has no obligation, to reject
or remove any profile.
3.9 You agree not to impersonate any other user of Txt-Chat or any g8wave employee.
3.10 You agree to abide by all applicable local, state, national,
and international laws and regulations in your use of the
Service, and agree not to attempt to gain unauthorized access
to other computer systems or networks connected to the Service.
You also agree not to interfere with the use and enjoyment
of the Service by other members.
4.0 PRIVACY
Our Privacy Policy is part of our Terms of Service. BY REGISTERING
ON Txt-Chat, THEREBY ACCEPTING THIS TERMS OF SERVICE, YOU ALSO
AGREE TO THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY.
5.0 ONLINE CONTENT
Opinions, advice, statements, offers, or other information or
content made available through the Txt-Chat service
are those of their respective authors and not of g8wave and should
not necessarily be relied upon. Such authors are solely responsible
for such content. g8wave does not guarantee the accuracy, completeness,
or usefulness of any information on the service and neither adopts
nor endorses nor is responsible for any loss or damage resulting
from anyone's reliance on information or other content posted
on Txt-Chat or transmitted to Txt-Chat members.
It is possible that other Txt-Chat members or users (including
unauthorized users, or "hackers") may post or transmit
offensive or obscene materials on the Txt-Chat service and that
you may be involuntarily exposed to such offensive and obscene
materials. It also is possible for others to obtain personal
information about you due to your use of the Service, and that
the recipient may use such information to harass or injure you.
g8wave is not responsible for the use of any personal information
that you may choose to disclose on the Service. Please carefully
select the type of information that you post on the Txt-Chat service
and/or release to others.
g8wave reserves the right, but has no obligation, to monitor
the materials posted on the Txt-Chat service. g8wave shall have
the right to remove any such material that violates, or is alleged
to violate, the law or this Agreement. Notwithstanding this option
of g8wave, you remain solely responsible for the content of the
materials you post on the Service. Messages sent between you
and other Txt-Chat members will be treated as private by g8wave
in accordance with applicable law.
6.0 MODIFICATIONS TO TERMS OF SERVICE
These Terms of Service and Privacy Policy are subject to change
by g8wave at any time, effective upon posting. We encourage you
to review them often.
7.0 MODIFICATIONS TO SERVICE
g8wave reserves the right to modify or discontinue, temporarily
or permanently, the Service with or without notice to you. You
agree that g8wave shall not be liable to you or any third party
for any modification or discontinuance of the Service.
8.0 NO RESALE OF SERVICE
You agree not to resell the Service or use of or access to the
Service.
9.0 TERMINATION
You agree that g8wave may, in its sole discretion, terminate
or suspend your access to all or part of the Service for any
reason, including, without limitation, breach of the Agreement
or any subsequent modifications, failure to timely pay membership
fees if applicable or attempted assignment of your account by
you. You acknowledge and agree that termination may be effected
without prior notice, and acknowledge and agree that g8wave may
immediately delete files in your account and block you from any
further access.
9.1 g8wave shall not be liable to you or any third party
for the termination of Service or any claims related to the
termination of Service. Any suspected fraudulent, abusive
or illegal activity may be grounds for termination of your
account and may be referred to appropriate law enforcement
authorities.
9.2 Should you object to any terms and conditions of the
Agreement, or any subsequent changes to the Agreement, or
become dissatisfied with the Service in any way, your only
recourse is to immediately: (1) discontinue and terminate
your membership with the Service; and (2) notify g8wave of
termination by texting "cancel" back to the Service.
9.3 If you choose to pay subscription fees or purchase credits
for use on Txt-Chat, you do so with the understanding that
all transactions are non-refundable even upon termination
of your Agreement with us.
10.0 ADVERTISERS, VENDORS, AND THIRD PARTIES
Your correspondence, transactions or other dealings with advertisers,
g8wave partners, mall vendors, or other third parties available
on or linked through Txt-Chat, including but not limited to payment
and delivery of related goods or services, and other terms, conditions,
warranties or representations associated with such dealings,
are solely between you and such advertiser, partner, vendor or
other third party. g8wave does not endorse and is not responsible
or liable for any content, advertising, products, or other materials
on or available from such parties or resources. You agree not
to hold g8wave liable for any loss or damage incurred as the
result of your participation with the advertisers, partners,
vendors, or other third parties available on or through the Service,
or as the result of any dealings with such parties, including
but not limited to attendance at events advertised or purchase
or use of goods or services offered on or through the Txt-Chat site.
11.0 PROPRIETARY RIGHTS
11.1 You acknowledge and agree that content, including but
not limited to text, software, music, sound, photographs,
graphics, video, or other material contained in sponsor advertisements
or information presented to you by g8wave, its partners,
or advertisers, is protected by copyrights, trademarks, service
marks, patents, or other proprietary rights and laws.
11.2 By posting information, or other content to any area
accessible to the public or Txt-Chat' general
membership, you automatically grant, and you represent and
warrant that you have the right to grant, to g8wave an irrevocable,
perpetual, non-exclusive, fully-paid, worldwide license to
use, copy, perform, display, and distribute such information
and content and to prepare derivative works of, or incorporate
into other works, such information and content, and to grant
and authorize sublicenses of the foregoing.
12.0 DISCLAIMER OF WARRANTIES
The Service and the materials available on or through the Service
are without warranties or conditions of any kind either expressed
or implied. To the fullest extent permissible under applicable
law, g8wave disclaims all warranties and conditions, expressed
or implied, including, but not limited to, implied warranties
and conditions of merchantability, merchant quality, correspondence
to description and fitness for a particular purpose. g8wave does
not represent or warrant that the Service will be uninterrupted
or error-free, that defects will be corrected, or that this site
or the server that makes it available, are free of viruses or
other harmful components. g8wave does not represent or warrant
that the materials or the results of the use of the materials
available through the Service or from third parties will be correct,
accurate, timely, reliable, or otherwise.
13.0 LIMITS OF LIABILITY
To the fullest extent permissible under applicable law, g8wave
shall not be liable under any circumstances, including but not
limited to negligence, for any direct, indirect, incidental,
special or consequential damages that result from the use of
or the inability to use the Service, any changes to the Service,
unauthorized access to or alteration of your transmissions or
data, any material or data sent or received or not sent or received,
or any transactions entered into through the Service. You specifically
agree that g8wave is not responsible or liable for any threatening,
defamatory, obscene, offensive or illegal content or conduct
of any other party or any infringement of another's rights, including
intellectual property rights. If you are dissatisfied with the
Service, the materials available on or through the Service, or
with any of g8wave’s Terms of Service, your sole and exclusive
remedy is to discontinue using Txt-Chat. You agree to indemnify
and hold g8wave and each of its stand-alone services, its parents,
subsidiaries, affiliates, officers and employees, harmless from
any claim, demand, or damage, including reasonable attorney's
fees, asserted by any third party due to or arising from the
content you transmit to or through, as well as your conduct on
or arising from the use of, the Service.
14.0 COMMUNICATION
Any communication to g8wave shall be made via text, email or
regular mail. g8wave may communicate changes to the Agreement
or other matters by displaying notices to members generally on
the Service, or via text, email or regular mail.
15.0 GENERAL
The Agreement and the relationship between you and g8wave limited.
shall be governed by the laws of the Commonwealth of the United
Kingdom without regard to its conflict of law provisions. You
and g8wave ltd agree to submit to the personal and exclusive
jurisdiction of the Commonwealth of the United Kingdom. g8wave
ltd’s failure to exercise or enforce any right or provision of
the Agreement shall not constitute a waiver of such right or
provision. If any provision of the Agreement is found by a court
to be invalid, the parties nevertheless agree that the court
should endeavour to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Agreement
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 Agreement
must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
Standard text messaging rates/other charges may apply to registration.
Privacy Policy
Txt-Chat is a confidential service, and although it is necessary
for us to collect accurate personal information in order to provide
a meaningful product, receive payment and ensure good customer
service, we will not sell or otherwise convey personal information
about you to third parties with whom you have no relationship.
We do provide, in aggregate form only, some demographic information
about our membership to advertisers and for other marketing and
promotional purposes. We do not disclose any information that
could be used to personally identify you and, obviously, certain
information such as name, address, credit card and banking information
are never disclosed.
Txt-Chat may, from time to time, communicate with you regarding
customer service or to inform you of special offers that we believe
you may be interested in. At that time we will provide you with
an opportunity to opt-out and not to receive further information
about that special offer, or other similar offers.
We cooperate with law enforcement. By joining Txt-Chat you
authorise us to disclose information to law enforcement or other
government officials as we, in our sole discretion, deem necessary
and appropriate.
This Privacy Policy is subject to change by g8wave at any time,
effective upon posting. We encourage you to review it often.
If you have any questions about this statement, please contact
us via email at:
Louise@g8wave.co.uk or direct your
mail to "Privacy" at
Txt-Chat, c/o g8wave limited, 10 Tile Yard
Studios, Tileyard Road, London. N7 9AH. England.
© 2010 g8wave Limited – All Rights Reserved.
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