Do not use this Application until You have carefully read the following terms and conditions. By choosing or clicking “I Agree” (or similar), You acknowledge and accept the terms and conditions of this agreement (“Agreement”). If You do not agree, You are granted no rights in or to the Application and shall not use the Application.
This Application is owned and provided by TXTI, LLC. (“TXTI,” “We,” or “Us”). Questions concerning this Application or its operation should be directed to https://twitter.com/thebarrytone. Use of the Application is offered to You conditioned on Your acceptance without modification of this Agreeement. You agree to familiarize Yourself with and abide by the Agreement if and when You use the Application.
TXTI hereby grants to You a non-exclusive, non-transferable limited license to use the Application.
TXTI retains the right to, at any time, and in its sole discretion, terminate this AGREEMENT. Upon the termination of this AGREEMENT, all rights granted to You under this AGREEMENT shall immediately terminate and You shall discontinue all use of the Application.
Any user names and/or passwords used for this Application are for individual use only. You will be responsible for the security of Your user name and/or password (if any). TXTI is under no obligation to preserve or make accessible any data uploaded or posted through TXTI.
TXTI makes no representations or warranties that this Application is free of defects, viruses or other harmful components. TXTI shall not be responsible for any damages or loss that may result from the hacking or infiltration of this Application or associated computer systems and data servers. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS APPLICATION AND YOU AGREE TO HOLD TXTI HARMLESS FROM, AND YOU COVENANT NOT TO SUE TXTI FOR, ANY CLAIMS BASED ON THE USE OF THIS APPLICATION, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS APPLICATION. THE APPLICATION MAY CONTAIN TECHNICAL INACCURACIES, OUTDATED INFORMATION AND TYPOGRAPHICAL ERRORS. ALL MATERIALS, INFORMATION, APPLICATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TXTI DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TXTI MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE APPLICATION FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU. NO AGENT OF TXTI IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF TXTI AS SET FORTH HEREIN. ANY IMPLIED WARRANTIES THAT CANNOT BE EXCLUDED ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY THE APPLICABLE LAW.
UNDER NO CIRCUMSTANCES SHALL TXTI OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS APPLICATION, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TXTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE CONSIDERATION WHICH TXTI IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY TXTI OF THE RISK OF LICENSEE'S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH LICENSEE'S USE OF THE APPLICATION AND DOCUMENTATION. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; TXTI’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. The essential purpose of this provision is to limit the potential liability of TXTI arising out of this AGREEMENT. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the license of the Application and that, were TXTI to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher. If You are dissatisfied with any portion of the Application, Your sole remedy is to cease using it.
You agree to defend, indemnify, and hold harmless TXTI and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of Your use of this Application, Your breach of this AGREEMENT, or Your infringement of the intellectual property rights of third parties.
This AGREEMENT shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed to give maximum legal effect to the intent expressed herein.
All rights not expressly granted herein are reserved exclusively and entirely to TXTI.
END OF AGREEMENT
TXTI is a registered trademark of TXTI, LLC. All rights reserved.