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Last updated: 27th September 2006
playtxt is a Mobile Social Community networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The Services offered by playtxt Ltd ("playtxt" or "we") include the playtxt Website (the "Website"), the playtxt instant messenger, and any other features, content, or applications offered from time to time by playtxt Ltd in connection with the Website (collectively, the "Services").
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with playtxt). The term "User" refers to a Visitor or a Member. You are only authorized to use the 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 Website and discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members and make use of the Services you agree to these terms and conditions of trade and service.
This Agreement includes playtxt's policy for acceptable use of the Services and Content posted on the Website, your rights, obligations and restrictions regarding your use of the Services and playtxt's Privacy Policy. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
playtxt may modify this Agreement from time to time and such modification shall be effective upon posting by playtxt on the Website. You agree to be bound to any changes to this Agreement when you use the 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 playtxt and that you provide to other Users. Your playtxt profile 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 playtxt Members (for instance, in their Profile) might contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and playtxt assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact contact playtxt here>
playtxt reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
1 Eligibility. Use of and Membership in the Services is void where prohibited. By using the 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 18 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
2 Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on this page. playtxt may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
3 Fees. You acknowledge that playtxt reserves the right to charge for the Services and to change its fees from time to time in its discretion. If playtxt terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of Credits.
4 Password. When you sign up to become a Member, 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 Member at any time or to disclose your password to any third party. You agree to notify playtxt 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 Non-commercial Use by Members. The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by playtxt, except when subscribed to the Here And Now Services, see separate terms and conditions here> Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
6 Proprietary Rights in Content on playtxt.
1 By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to playtxt, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on the playtxt servers after you have removed the Content from the Services, and playtxt retains the rights to those copies. You represent and warrant that: (i) you own the Content posted by you on or through the 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 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 Services.
2 The Services contain Content of playtxt ("playtxt Content"). playtxt Content is protected by copyright, trademark, patent, trade secret and other laws, and playtxt owns and retains all rights in the playtxt Content and the Services. playtxt hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the playtxt Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
3 The Services contain Content of Users and other playtxt 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 Services.
7 Content Posted.
1 playtxt may delete any Content that in the sole judgment of playtxt violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. playtxt assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time playtxt chooses, in its sole discretion, to monitor the Services, playtxt 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 Services, and any material or information that you transmit to other Members and for your interactions with other Users. playtxt does not endorse and has no control over the Content. Content is not necessarily reviewed by playtxt prior to posting and does not necessarily reflect the opinions or policies of playtxt. playtxt 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 Members.
8 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 Services. playtxt reserves the right to investigate and take appropriate legal action against anyone who, in playtxt's sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of playtxt:
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 exploits people in a sexual or violent manner;
4 contains nudity, violence, or offensive subject matter;
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 libellous;
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 Users;
13 involves commercial activities and/or sales 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;
The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. playtxt reserves the right to investigate and take appropriate legal action against anyone who, in playtxt's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
15 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;
16 advertising to, or solicitation of, any Member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, playtxt reserves the right to restrict the number of emails or messages which a Member may send to other Members in any 24-hour period to a number which playtxt deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk messages, instant messages or other unsolicited communications of any kind through the Services you acknowledge that you will have caused substantial harm to playtxt, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay playtxt £50 for each such unsolicited email or other unsolicited communication you send through the Services.
17 covering or obscuring the banner advertisements on your personal profile page, or any playtxt page via HTML/CSS or any other means;
18 any automated use of the system, such as using programming scripts to add friends; or any other programming script implimented by you and not condoned and expressely authorised by playtxt
19 interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
20 attempting to impersonate another Member or person;
21 fusing the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
22 selling or otherwise transferring your profile;
23 using any information obtained from the Services in order to harass, abuse, or harm another person;
24 or using the Services in a manner inconsistent with any and all applicable laws and regulations.
9 Member Disputes. You are solely responsible for your interactions with other playtxt Members. playtxt reserves the right, but has no obligation, to monitor disputes between you and other Members.
10 Privacy. Use of the Services is also governed by our Privacy Policy which is incorporated into this Agreement by this reference.
11 Disclaimers. playtxt is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilised in the Services. Profiles created and posted by Members on playtxt may contain links to other websites. playtxt 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 playtxt. Inclusion of any linked website on playtxt does not imply approval or endorsement of the linked website by playtxt. When you access these third-party sites, you do so at your own risk. playtxt takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. playtxt is not responsible for the conduct, whether online or offline, of any User of the Services. playtxt 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 Member communication. playtxt is not responsible for any problems or technical malfunction of any telephone or communication network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall playtxt be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a playtxt event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and playtxt expressly disclaims any warranty of fitness for a particular purpose or non-infringement. playtxt cannot guarantee and does not promise any specific results from use of the Services.
12 Limitation on Liability. IN NO EVENT SHALL PLAYTXT.NET 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 PLAYTXT.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PLAYTXT.NET'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 PLAYTXT.NET FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
13 Law and jurisdiction. This Agreement shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts in respect of any dispute or matter arising out of or connected with this Agreement.
14 Indemnity. You agree to indemnify and hold playtxt, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable solicitors' fees, made by any third party due to or arising out of your use of the 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 Website or through the Services causes playtxt to be liable to another.
15 Other. This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and playtxt regarding the use of the Services. The failure of playtxt 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. playtxt is a trademark of playtxt, 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.