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This Terms of Use Agreement (the "Agreement") is entered into by and between Text MessageFun ("Company") and you ("User"). By accessing or using the services provided by Text MessageFun (the "Services"), you agree to be bound by the terms and conditions of this Agreement.
By accessing or using the Services, User agrees to be bound by the terms and conditions of this Agreement. If User does not agree to these terms, User must discontinue the use of the Services immediately.
Text MessageFun provides an online platform that allows Users to send and receive text messages for entertainment purposes. The Services may include, but are not limited to, creating and sending customized text messages, accessing pre-made text message templates, and receiving replies to text messages.
3.1 User accounts: In order to access certain features of the Services, Users may be required to create an account. User agrees to provide accurate and complete information when creating an account and to keep the account information updated.
3.2 Prohibited activities: User shall not use the Services for any illegal or unauthorized purpose. User shall comply with all applicable laws, rules, and regulations when using the Services. User agrees not to engage in any activity that may disrupt or interfere with the proper functioning of the Services or networks connected to the Services.
3.3 Suspension or termination: Company reserves the right to suspend or terminate User's access to the Services at any time and for any reason, without prior notice.
4.1 Ownership: The Services and all related materials, including but not limited to software, graphics, designs, trademarks, and logos, are owned by or licensed to the Company. User acknowledges that the Services and any underlying technology are protected by copyright, trademark, and other intellectual property laws.
4.2 Limited License: User is granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose in accordance with this Agreement. User agrees not to modify, distribute, reproduce, or create derivative works based on the Services.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement shall be governed by and construed in accordance with the laws of the State of [INSERT STATE] without regard to its conflict of law provisions. Any legal action arising out of or in connection with this Agreement shall be brought in the state or federal courts located in [INSERT CITY, STATE], and the parties hereby consent to the exclusive jurisdiction and venue of such courts.
Company reserves the right to modify this Agreement at any time, in its sole discretion, without prior notice to User. User is responsible for reviewing the Agreement periodically for any changes. Continued use of the Services after any modifications shall constitute User's consent to such changes.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall not be affected and shall be enforced to the fullest extent permitted by law.
This Agreement constitutes the entire agreement between the User and Company with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, whether oral or written.
By using the Services, User acknowledges that they have read, understood, and agreed to be bound by the terms and conditions of this Agreement.