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Terms and Conditions Please read all of the
following Terms and Conditions. By using this web site, you agree to abide by
all terms, conditions, and disclaimers contained within this web site.
USAGE OF THE WEB SITE AND/OR TXTBOX SERVICE
1.1 If you choose to use any of the TXTMSG4U.COM or
TXTBOX Service(s) (the "Service") as stated on the TXTMSG4U.com web site
“site”, you will be agreeing to abide by all of the terms and conditions of
this Agreement between you and ZAP SOLUTIONS. ("Providers").
1.2 The Providers may change, add or remove
portions of this Agreement at any time, but if they do so, will post such
changes on the Service or send them to you via e-mail.
1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES
ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION BY REMOVING YOUR NAME
FROM THE REGISTRATION PAGE. or If you don't want to receive text messages from
this web site from any USER (friend, relative, business associate, etc... ) who
uses this web site and service, please follow the instructions below. Failure
to do so, constitutes acknowledgement and agreement of these Terms and
Conditions. You are always free to close your account and “un-registering” by
sending an email requesting termination to
firstname.lastname@example.org . YOUR CONTINUED USE OF THE SERVICE NOW,
OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES,
WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 YOUR USE OF THE SERVICE TO SEND A SHORT
MESSAGE SERVICE MESSAGE WILL INDICATE ACCEPTANCE BY YOU OF THESE TERMS, THE
1.5 The Providers may change, suspend or
discontinue any aspect of the Service at any time, including the availability
of any Service feature or content. The Providers may also impose limits on
certain features and services or restrict your access to parts or all of the
Service without notice or liability.
2.1 The contents of the Service are intended
for your personal, non-commercial use. All information provided by the Service
(“Content”) is protected by copyright, and owned or controlled by The
Providers. You shall abide by all additional copyright notices, information, or
restrictions contained in any Content accessed through the Service.
2.2 The Service and its Contents are protected by
copyright pursuant to U.S. and international copyright laws. You may not
modify, publish, transmit, participate in the transfer or sale of, reproduce,
create new works from, distribute, perform, display, or in any way exploit, any
of the Content or the Service in whole or in part.
THE SERVICE AND ALL CONTENT ARE PROVIDED AND DISTRIBUTED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE PROVIDERS SHALL NOT BE LIABLE FOR ANY DELAYS,
INACCURACIES, ERRORS OR OMISSIONS IN ANY CONTENT OR THE TRANSMISSION OR
DELIVERY OF ALL OR ANY PART THEREOF, OR FOR ANY DAMAGES ARISING THEREFROM.
4 REGISTRATION AND SECURITY
4.1 As part of the registration process, you will
select a password. You will also be requested to provide certain registration
information, all of which must be accurate and updated. (a) You may not (i)
select or use a password of another person with the intent to impersonate that
person; (ii) use a password in which another person has rights without such
person's authorization; or (iii) use a password that the Providers, in their
sole discretion, deem offensive. Failure to comply with the foregoing shall
constitute a breach of this Agreement, which may result in immediate
termination of your account.
5 SERVICE USE
5.1 You may not impersonate another person while
using the Service. Failure to comply with the foregoing shall constitute a
breach of these Terms, which may result in immediate termination of your use of
5.2 Where applicable, as stated here you agree
that no message will be sent that contains any material that is unlawful,
libellous, slanderous, defamatory or invasive of another person's privacy, or
that the Providers may reasonably deem harmful, vulgar, obscene, derogatory,
pornographic, abusive, harassing, threatening, hateful, objectionable with
respect to race, religion, creed, national origin or gender, or otherwise unfit
6 FEES AND PAYMENTS
6.1 The Providers reserve the right at any time to
charge fees for access to portions of the Service or the Service as a whole.
However, in no event will you be charged for access to the Service unless we
obtain your prior agreement to pay such charges. Thus, if at any time the
Providers require a fee for the service, the Providers will give you advance
notice of such fees and the opportunity to cancel the account before such
charges are imposed. Please note that appropriate mobile service provider
charges may apply.
7.1 The Providers reserve the right to send
electronic mail (including text message notes) to you for the purpose of
informing you of changes or additions to the Service, as well as instructions
and notices concerning Services offered.
7.2 The Providers reserve the right to disclose
information about your usage and demographics, provided that it will not reveal
your personal identity in connection with the disclosure of such information.
Advertisers and/or Licensees on our website may collect and share information
about you only if you indicate your acceptance.
8.1 You may terminate your account at any time by
having your name removed from the registration database. To terminate, an email
requesting termination must be sent to email@example.com
with a request to terminate, including your specific request to terminate,
username, phone number and password. Upon termination, your access will be
suspended within 24 hours.
8.2 The Providers may, in their sole discretion,
terminate or suspend your access to all or part of the Service for any reason,
including, without limitation, breach or assignment of this Agreement.
8.3 Where an ongoing monthly subscription exists,
service cancellation requests must be submitted via e-mail to
firstname.lastname@example.org. Monthly subscription terminations will become
effective on the first day of the following month if received earlier than five
business days prior to the end of the current month. Any monthly subscription
termination requests which are received within the last five business days of a
month will become effective on the last day of the following month.
9.1 This Agreement has been made in and shall be
construed and enforced in accordance with the Commonwealth of Pennsylvania law.
Any action to enforce this agreement shall be brought in the Commonwealth of
Should you have any questions or concerns regarding this document please do
hesitate to contact Zap Solutions.
1. TXTMSG4U shall not be held responsible for any injury, loss, expense or
damage of any kind whatsoever suffered or incurred by any person who accesses
or uses this website ("the User") or as a result of the User accessing this
website, utilizing any service offered on this website or relying on any
information contained on this website for any reason whatsoever including but
not limited to any injury, loss or damage suffered as a result of:
A. errors or discrepancies in the information provided
B. any unauthorized access of this website by third parties
C. any breakdown or failure of any equipment or medium of access to this
D. any failure or unavailability of any of TXTMSG4U's or any third parties'
facilities or systems resulting in the inability to access this website or
process any transaction referred to or offered on this website
E. the destruction or accessing of the User's data or equipment
F. any alteration, modification, upgrade or update of this website or any
technology, hardware or software modification that may form part of this
2. The User hereby indemnifies TXTMSG4U against any demand, claim or action
against TXTMSG4U relating to or in connection with the User's use or accessing
of this website whether directly or indirectly for any reason whatsoever.
3. TXTMSG4U reserves the right in its absolute discretion to alter, modify,
upgrade, update, suspend or withdraw this website or any part hereof at any
4. Unless expressly stated to the contrary TXTMSG4U owns the intellectual
property rights in and to this website and the unauthorised use hereof is
5. TXMSG4U is not responsible and will not be held liable for any charges or
losses incurred by either the sender or receiver of text messages for any text
messages sent or received through this web site.
6. TXMSG4U is not responsible for the content or contents of text messages that
are sent through this web site. TXTMSG4U acts only as a courier of
information sent by you the user to someone you know and trust.
7. TXTMSG4U is not responsible and will not be held liable for any
malicious, threatening, libelous, slanderous, explicit, or obscene messages
sent through this web site and service. Please only use the web site to
communicate with those persons with whom you have either personal or
8. TXTMSG4U shall not be held responsible for, will not be held liable
for, and will not reimburse any loss, expense or costs associated with sending
or receiving text messages to or from this web site and service. Those charges
constitute an agreement between you as the USER and your wireless carrier and
do not involve TXTMSG4U in any way.
9. If you don't want to receive text messages from this web site from any
USER (friend, relative, business associate, etc... ) who uses this web site and
service, please follow the instructions below. Failure to do so, constitutes
acknowledgement and agreement of these Terms and Conditions. You are always
free to close your account and “un-registering” by sending an email requesting
termination to email@example.com.
ACCEPTABLE USE POLICY
You agree to comply with this Acceptable Use Policy when using the TXTMSG4U Web
site. Unacceptable uses include, but are not limited to:
a) Intentionally or unintentionally violating any applicable law or regulation;
b) Harming or attempting to harm minors in any way;
c) Transmitting any content that you do not have the right to post or transmit
under any law, contractual duty or fiduciary relationship;
d) Transmitting any content that infringes a third party's trademark, patent,
trade secret, copyright, publicity, or privacy right;
e) Transmitting any content that is unlawful, untrue (including incomplete,
false or inaccurate biographical information), stalking, harassing, libelous,
defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful
(including but not limited to viruses, corrupted files, or any other similar
software or programs) or otherwise objectionable;
f) Attempting to collect or store personal data about third parties without
their knowledge or consent;
g) Accessing, tampering with or using non-public areas of the Messaging Service
or TXTMSG4U's computer systems, web site and network;
h) Attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper authorization;
i) Attempting to access or search the TXTMSG4U web site with any engine,
software, tool, agent, device or mechanism other than the software and/or
search agents provided by TXTMSG4U or other generally available third
party web browser (such as Microsoft Internet Explorer or Netscape Navigator);
j) Sending unsolicited e-mail or text messages, including without limitation,
promotions or advertisements for products or services, "pyramid schemes",
"spam", "chain mail" or "junk mail";
k) Using the TXTMSG4U web site to send altered, deceptive or false
source-identifying information in violation of state, national and foreign law;
l) Attempting to decipher, decompile, disassemble or reverse engineering any of
the software comprising or in any way making up a part of the TXTMSG4U web
m) Interfering or attempting to interfere with the access of any user, host or
network, including without limitation, sending a "virus" to the TXTMSG4U web
site, overloading, "flooding," "spamming," "crashing," or "mailbombing" web
n) impersonating or misrepresenting your affiliation with any person or entity.
o) promotional, advertising, commercial or business use of this service without
prior approval from TXTMSG4U
Violations of any of the above, including intellectual property infringement and
breaches in security, will be investigated by us and, where appropriate,
TXTMSG4U may institute legal action, or cooperate with law enforcement
authorities in bringing legal proceedings, against users who violate the
Acceptable Use Policy.
NO PURCHASE NECESSARY TO PARTICIPATE.
The TXTMSG4U iPod shuffle GIVEAWAY (sometimes the "Promotion" or "Sweepstakes")
is offered only to individuals who are legal residents of the 50 United States
or District of Columbia and are at least 18 years old at time of
participation. Employees, officers and directors of TXTMSG4U, their respective
parents, affiliated and subsidiary companies, advertising and promotional
agencies, Web masters and Web suppliers and persons engaged in the development
of Promotion materials, and members of the immediate family (parents, siblings,
children and spouse, wherever they reside) or household members (whether or not
related) of such employees, officers and directors are not eligible. Groups,
clubs, organizations, commercial entities, and businesses cannot participate.
By participating, you agree (and if you are a minor in the jurisdiction in
which you reside, your parent/legal guardian agrees) to these Official Rules
and all decisions of Sponsor which are final and binding in all respects. Void
2. PROMOTIONAL PERIOD:
Promotion begins on
Eastern Time (ET) and ends on
3. HOW TO PARTICIPATE:
(A) To participate by Internet you must first refer a validated
friend at the www.txtmsg4u.com Web site ("Web site"), as follows.
Refer your friends to the TxtMsg4u web site. When you access the Web site by
following the on-screen directions you will be given the opportunity to enter
the email address/mobile phone number of persons you feel may be interested in
the web site and the services offered. We will send an e-mail or text message
on your behalf telling that person about the web site and services
provided. Please only provide the e-mail addresses/mobile phone numbers
of those persons with whom you have either personal or professional
relationships, who you feel would be interested in hearing about the web site
and services provided, and who would qualify for the giveaway. Should you
have the email or text message forwarded to persons other than as stated, you
may be disqualified. For each person who you invite and who registers for
the TXTMSG4U.COM Web site you will receive 1 entry in the iPod
shuffle giveaway. If more than one participant invites a particular person to
register for the site, and that person does register, the entry will only be
awarded to the participant who the invited person names as his/her particular
(B) Entries/Deadlines: For entries by Internet, to be
eligible any day for an activity for which entries are valid for that day the
activity must be received, completed and recorded by
(ET) on that day. All activities for which entries are created must be
received, completed and recorded by
computer is the official clock for the giveaway. Points properly earned will be
deposited in your Recipe Box (created when you register on the Web site). By
following the on-line directions participants will be able to see the number of
entries they have accumulated. Due to technical limitations or possible error,
the number of entries displayed at any time may not be the actual number of
entries you have accumulated. Prior to any drawing, however, all entries will
be properly recorded, credited and the correct number of entries entered for
4. DRAWING: Winners will be selected in a random drawing conducted on or
6/1/05 from all eligible entries received
under the supervision of Sponsor. Winners will be notified by
email, mail, overnight mail and/or phone on or about five (5) business days
after the drawing. No substitution, cash redemption or transfer of prize, but
Sponsor reserves right to substitute prize with prize of equal or greater value
if advertised prize becomes unavailable. If winner is a minor in his/her
jurisdiction of residence, prize may be awarded in the name of, or to, winner’s
parent/legal guardian who must execute all documents and agree to all
obligations and undertakings of winner, both on behalf of himself/herself and
winner, or prize may be forfeited and awarded to an alternate winner. If 1,000
total valid entries are not received by 6/1/2005, Sponsor reserves the right to
either extend the Giveaway or discontinue the Giveaway.
5. PRIZES/ODDS: 1 Grand Prize: 1 new iPod shuffle – 512 mb.
Sponsor reserves the right, but will be under no obligation to do so, to award
the stated prize as cash (awarded in the form of a check) and in lieu of a Gift
certificate. Expenses not stated are the sole responsibility of the
winner. If any winner cannot accept prize as stated, prize will be
forfeited and awarded to an alternate winner. Odds depend on the number of
eligible entries received. Limit one prize per person.
6. GENERAL CONDITIONS:
Participants agree (a)that Sponsor, ZAP, and their respective parents,
subsidiaries and affiliated companies, advertising and promotion agencies, and
all of their respective officers, directors, employees, representatives and
agents will have no liability whatsoever for, and shall be indemnified and held
harmless by participants against any liability for any injuries, losses or
damages of any kind to person(s), including death, or property, resulting in
whole or in part, directly or indirectly, from acceptance, possession, misuse
or use of any prize, or participation in this Promotion
or any Promotion-related activities and (b) if winners, grant (and agree
to confirm such grant in writing promptly upon request) to Sponsor and those
acting under Sponsor’s authority the right to the use of his/her name,
photograph, likeness, voice, image, statements and biographical information for
advertising, trade, publicity and promotional purposes in any media now known
or hereafter discovered, worldwide, and on the World Wide Web and Internet
without review, notification or approval, and compensation, unless prohibited
by law. Winners may be required to complete, sign, and
return an Affidavit of Eligibility, a Liability Release and, where lawful, a
Publicity Release within five (5) days after receipt of notification. If
documents are not returned on a timely basis, or if any notification or prize
is returned as non-deliverable, or if a winner is found to be ineligible or not
in compliance with these Official Rules, such prize may be forfeited and
awarded to an alternate winner. Taxes are solely the responsibility of the
7. LIMITATIONS OF LIABILITY:
Neither Sponsor, nor ZAP are responsible for lost, late, incomplete, stolen,
misdirected, postage due or illegible, mail, entries or email; or for any
computer, telephone, satellite, cable, network, electronic or Internet hardware
or software malfunctions, failures, connections, or availability, or garbled,
corrupt or jumbled transmissions, service provider/Internet/Web site/use net
accessibility, availability, or traffic congestion, or any technical error, or
unauthorized human intervention, or the incorrect or inaccurate capture of
entries or other information, or the failure to capture, or loss of, any such
information. Neither Sponsor nor ZAP are responsible for any incorrect or
inaccurate information, whether caused by Web site users, tampering, hacking,
or by any of the equipment or programming associated with or utilized in the
Promotion and assume no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line
failure, technical error, theft or destruction or unauthorized access to the
Web site. The right is reserved by Sponsor at its sole discretion, to
disqualify any individual found, at its sole discretion, to be tampering with
the entry process or the operation of the Promotion or Web site, to be acting
in violation of the Official Rules; or to be acting in a non-sportsmanlike or
disruptive manner, or with intent to annoy, abuse, threaten or harass any other
person. Any use of robotic, automatic, macro, programmed or entry methods will
void all such registration and entry(s) by such methods, and disqualify
any participant using such methods. Neither Sponsor, nor ZAP are responsible
for injury or damage to participants' or to any other person's computer related
to or resulting from participating in this Promotion or downloading materials
from the Web site or use of a Web site. If, for any reason, the Promotion is
not capable of running as planned by reason of, but not limited to, infection
by computer virus, worms, bugs, tampering, unauthorized intervention, fraud,
technical failures, or any other causes which Sponsor, in its sole opinion
deems could corrupt or affect the administration, security, fairness, integrity
or proper conduct of this Promotion, Sponsor reserves the right at its sole
discretion to cancel, terminate, modify or suspend the Promotion and proceed
with the Promotion in a manner deemed fair and appropriate by Sponsor. In
case of dispute, the authorized subscriber of email account and password used
in this Promotion to enter the Promotion at actual time of entry, will be
deemed to be participant and must comply with these Official Rules. Authorized
account subscriber is deemed to be natural person who is assigned an email
address by an Internet Access Provider, online service provider, school or
other organization that is responsible for assigning eligible email addresses.
IN NO EVENT WILL SPONSOR, ZAP, THEIR RESPECTIVE PARENT, AFFILIATES,
SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE
RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR
ACCESS TO AND USE OF THE PROMOTION INTERNET SITE OR DOWNLOADING FROM AND/OR
PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE
FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF
IMPLIED WARRANTIES, SO SOME OF ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING
THESE LIMITATIONS OR EXCLUSIONS.
8. Winners List: For the names of winners mail a self-addressed
stamped envelope to: iPod Shuffle Giveaway, c/o ZAP, PO Box 61029 Pittsburgh,
PA 15212 for receipt by
9. Additional Legal Information
a. Providing Personal Information
When you register or refer a friend, we collect your first and last name, email
address, phone number, age group, and gender. This basic information is
required to enroll in the Promotion.
We use "cookies" to personalize the web site, to track your entries, and to
ensure that only you can access your accumulated entry total.
We are available to answer any Promotion questions or concerns you might have.
Simply send an email to firstname.lastname@example.org,
and we will respond as soon as we can.
You are always free to close your account and “un-registering” by sending an
email requesting termination to email@example.com.
We do not collect or use any information about you except for information that
you provided to us, and we use this information solely to make the web site
more relevant to you.
When you register or refer a friend, the server automatically recognizes you by
your encrypted Member Key, also referred to as a cookie. This cookie acts as a
unique identifier that allows us to track your entries, and usage activity.
browser to accept cookies to participate in the promotion. The cookie
automatically retrieves the following information:
Your browser type (e.g. Internet Explorer 6.0)
Platform-dependent information (e.g. Windows XP)
Requested document (the page you are viewing in your browser)
Referrer URL (the page you came from if it is within the txtmsg4u.com site)
Date and time of your visit
Your registered TXTMSG4U account information
c. E-mail and Text Message Offers
E-mail and text messages may be an integral part of the TXTMSG4U web site and
promotion. If you later decide not to participate in any part of this promotion
or web site, you may do so by unsubscribing as described above.
If you do unsubscribe, we will revoke any entries you have earned.
c/o ZAP Development, Inc.
PO Box 61029
Pittsburgh, PA 15212