Please read these Terms of Use carefully before using any of the web sites operated by TexTango.com ("TexTango.com Site"). By accessing or using the TexTango.com Site, you agree to be legally bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use the TexTango.com Site.
Trademarks, Copyrights & Restrictions
TexTango.com are controlled and operated by TexTango.com Site ("TexTango.com Site", "we," "us," or "our"). If you wish to contact us, you may contact us at support@TexTango.com. TexTango.com were created to be both useful and entertaining. All materials on TexTango.com ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, illustrations, audio clips, and video clips, are protected by copyright and other intellectual property rights which are owned and controlled by TexTango.com Site or by other parties that have licensed their material to TexTango.com Site. You may download and retain one single copy of certain Online Materials, solely for your personal, non-commercial use, if we indicate that you are permitted to do so. No Online Material may be otherwise copied, reproduced, republished, modified, uploaded, posted, transmitted, distributed or exploited in any other way, or otherwise used for any purpose, without the prior written permission of their respective owners. If you do so, you will be subject to criminal and civil liability. You may not add, delete, distort, or otherwise modify the contents on the TexTango.com Site. Any unauthorized attempts to modify any Online Material, to defeat or circumvent our security features, or to utilize TexTango.com for other than their intended purposes are prohibited. Please report any material on any MS Site, which you believe, may infringe your copyright or other intellectual property rights by contacting us at support@TexTango.com.
Linked Sites
We have provided links to related sites for your convenience ("Linked Sites"). We do not review or endorse Linked Sites in any way, whether or not TexTango.com Site is affiliated with the sponsors of a site. We are not responsible for the content of Linked Sites or any off-site pages linked to the TexTango.com Site. You access such linked sites and off-site pages at your own risk. It is up to you to take precautions to ensure that such linked sites that you visit and your participation in any offers on such sites are free of viruses, worms, vermin, trojan horses, and other items of a destructive nature. Visitors to any Linked Sites are urged and expected to abide by the Terms of Use and Privacy Policies of that particular Linked Site.
Submissions to TexTango.com Site
You may only use TexTango.com Site and their contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through TexTango.com Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to TexTango.com Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by TexTango.com Site) or privately transmitted on or through TexTango.com Site are the sole responsibility of the sender, not TexTango.com Site, and that you are responsible for all material you upload, post or otherwise transmit to or through TexTango.com Site.
Any notes, message/bulletin board postings, ideas, suggestions, concepts, or other material submitted to us will become the property of TexTango.com Site and TexTango.com Site shall be entitled to use such material for any type of use in perpetuity and in any media whether now known or hereafter devised. You agree that any submission you make to us is original with you and accurate. You agree that you will not submit or otherwise publish through TexTango.com any content, or act in any way, which in TexTango.com Site's opinion: (A) may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening; (B) may infringe any intellectual property or other right of any entity or person; (C) may violate any applicable law or advocate illegal activity; (D) advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers, or sponsors or otherwise engages in commercial activity; (E) disrupts the normal flow of dialogue or otherwise acts in a way which affects the ability of other people to engage in real time activities via TexTango.com Site; (F) includes programs which may contain viruses, worms, trojan horses, or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunication; (G) includes MP3 format files; (H) disobeys any policy or regulation established from time to time regarding use of TexTango.com Site or any networks connected to TexTango.com Site; or (I) contains links to other sites that contain the kind of content which falls within the descriptions set out in (A) to (H) above.
We are not responsible for any material posted on the bulletin boards or in the chat areas conducted on the TexTango.com Site. We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone posting materials in violation of any applicable federal, state, or local laws. We reserve the right in our sole discretion to remove or disable access to any material posted on or to our site, including without limitation material posted by you to an MS Site message board or chat room if we believe that material violates any of the above policies or infringes any intellectual property rights. Furthermore, if we believe in our sole discretion that you have violated any of these Terms of Use, including specifically but without limitation by posting or providing links to material which infringes intellectual property rights, we reserve the right to terminate your access to the TexTango.com Site.
Applicability of Online Materials
Unless otherwise specified, the Online Materials are presented solely for the purpose of entertaining users of this site in the United States and its territories, and for promoting programs, films, and other products. TexTango.com are controlled and operated by TexTango.com Site from its offices within the State of California. We make no representation that the Online Materials are appropriate or available for use in other locations outside the United States. Those who visit TexTango.com from other locations do so on their own initiative and are responsible for compliance with all applicable local laws. You specifically agree to comply with all applicable laws, including without limitation those concerning the transmission of technical data exported from the United States or the country in which you reside.
Disclaimer Of Warranties & Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE TexTango.com Site, THE ONLINE MATERIALS, AND ANY PRODUCTS OR SERVICES PURCHASED ON TexTango.com IS AT YOUR SOLE RISK. ALL ONLINE MATERIALS AND THE PRODUCTS AND SERVICES OFFERED ON TexTango.com ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TexTango.com Site DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER TexTango.com Site, NOR ITS AFFILIATED AND SUBSIDIARY COMPANIES, NOR THEIR RESPECTIVE VENDORS, AGENTS, OR EMPLOYEES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF TexTango.com Site'S WEB SITES WARRANT THAT THIS SITE WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT TexTango.com Site OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU MAY READ ON TexTango.com Site'S WEB SITES IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. TexTango.com Site DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL IN TexTango.com Site'S WEB SITES OR LINKED SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TexTango.com Site MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE, OR OTHER CONTENT IN TexTango.com Site SITES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND TexTango.com Site ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF TexTango.com Site SITES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING DISCLAIMER, YOU EXPRESSLY AGREE THAT TexTango.com Site, ITS AFFILIATED AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE VENDORS, AGENTS, EMPLOYEES, AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF TexTango.com Site'S WEB SITE SHALL NOT BE LIABLE FOR: (A) ANY CLAIMS, LIABILITY, OR DIRECT, INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES RESULTING FROM YOUR PURCHASE OF ANY PRODUCT OR SERVICES ON TexTango.com OR FROM YOUR USE OF ANY ONLINE MATERIALS; (B) YOUR USE OR INABILITY TO USE OR ACCESS THE TexTango.com Site; OR (C) DEFECTS, DELAYS IN OPERATION, TRANSMISSION FAILURE, OR OTHER FAILURE OF PERFORMANCE ON TexTango.com OR THE INTERNET. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATION WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT ENDORSE ANY MATERIAL, INFORMATION, OR OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON THE BULLETIN BOARDS, IN THE CHAT AREAS, OR OTHER FORUMS CONDUCTED ON TexTango.com ("FORUMS"), AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH MATERIAL, INFORMATION, OR OPINIONS. WE DO NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF TexTango.com Site. TexTango.com Site MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF ANY MS SITE OR THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATION ON LIABILITY SET OUT ABOVE.
Indemnification
You will indemnify and hold harmless TexTango.com Site, its parent, affiliated, and subsidiary entities, and the successors, licensees, assigns, members, shareholders, officers, and directors of each, from and against any and all claims, losses, and damages (including reasonable attorney's fees) constituting and arising out of a breach of any of the provisions of these Terms of Use, including without limitation from your placement or transmission of any content onto TexTango.com Site's servers, and/or from any and all use of any TexTango.com Site.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to its provisions regarding conflicts of law. You agree to submit to the exclusive jurisdiction of the federal, state, and local courts located within the State of California. If any provision of these Terms of Use is unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision. These Terms of Use set forth the entire agreement regarding all of the matters discussed herein. Because these Terms of Use are subject to change and you will be legally bound by such changes, you should periodically visit this section to review the current Terms of Use. These Terms of Use were last updated on July 17, 2006.