THIS
AGREEMENT WAS LAST UPDATED ON June 18, 2007
When you sign up for or use the Textrox chat service (the
"Service") you agree to all of the terms and conditions
of this Agreement.
Please read the following terms and conditions carefully,
as they form the agreement between you and Lexus Entertainment LTD. If
you do not agree to these terms and conditions, you may not
use the Service. By using the Service after June 18, 2007
you are agreeing to be bound by this Agreement, including
all amendments made to date.
User Terms
This Agreement constitutes your agreement with Lexus Entertainment LTD
and any mobile service provided through which you access the
Service (collectively "Lexus Entertainment, LTD")
with respect to your use of the Service. You must agree to
abide by all of the terms and conditions contained in this
Agreement in order to become or remain an authorized user
of the Service. As used in this Agreement, "we"
and "us" means Lexus Entertainment, Ltd. or any
successor or assign of Lexus Entertainment, Ltd.
Right to Use
Your right to use the Service is subject to any limitations,
conditions and restrictions established by us from time to
time, in our sole discretion. We may alter, suspend or discontinue
any aspect of the Service at any time, including the availability
of any Service feature, database or content. We may also impose
limits on certain features and aspects of the Service or restrict
your access to parts or all of the Service without notice
or liability.
Age Representation
You represent, warrant and covenant that you are at least
18 years old.
Standards of Use
You agree to use the Service in accordance with the following
standards:
(i) You will keep all information provided to you through
the Service as private and confidential and will not give
such information to anyone without the permission of the person
who provided it to you;
(ii) You will not use the Service to engage in any form of
harassment or offensive behavior, including but not limited
to the posting of communications, pictures or recordings which
contain libelous, slanderous, abusive or defamatory statements,
or racist, pornographic, obscene, or offensive language or
images;
(iii) You will not use the Service to infringe the privacy
rights, property rights, or any other rights of any person
(iv) You will not post messages, pictures or recordings or
use the Service in any way which violates, plagiarizes or
infringes upon the rights of any third party, including but
not limited to any copyright or privacy or other personal
or proprietary rights, or is fraudulent or otherwise unlawful
or violates any law;
(v) You will not use the Service to promote any solicitation
for funds, advertising or solicitation for goods or services;
and
(vi) You will not post or transmit in any manner any contact
information including, but not limited to, telephone numbers,
postal addresses, e-mail addresses, web sites, or full names
through your publicly posted information.
Costs
Fees and payments are as between you and your mobile service
provider and are subject to the terms and conditions you agreed
to with your mobile service provider.
You
agree to pay or have paid all fees and charges incurred in
connection with your use of the Service (including any applicable
taxes) at the rates in effect when the charges were incurred.
All fees and charges are non-refundable. We may change the
fees and charges in effect for using the Service, or add new
fees or charges, by posting new fees and changes on the site
from time to time. You also are responsible for any fees or
charges incurred to access the Service, including but not
limited to telephone charges, long distance charges or mobile
phone charges. See below for more cost and price information.
Monitoring
We reserve the right to monitor all advertisements, public
postings and messages to ensure that they conform to the content
guidelines that may be applicable from time to time.
Proprietary Information
The Service contains information that is proprietary to us
our partners, and our users. We assert full intellectual property
protection in the Service. Information posted by us, our partners
or users of the Service may be protected whether or not it
is identified as proprietary to us or to them. You agree not
to modify, copy or distribute any such information in any
manner whatsoever without having first received the express
permission of the owner of such information.
Limitation of Liability
YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR SUSPENSION
OF THE SERVICE, REGARDLESS OF THE CAUSE OF THE INTERRUPTION
OR SUSPENSION. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE
AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICE DURING THE
PREVIOUS 12 MONTHS. WE MAY DISCONTINUE OR CHANGE THE SERVICE
OR ITS AVAILABILITY TO YOU AT ANY TIME AND YOU MAY STOP USING
THE SERVICE AT ANY TIME.
Security
Your account is private and should not be used by anyone else.
You are responsible for all usage or activity on the Service.
Indemnity
You agree to indemnify us, our officers, directors, employees
and agents, from any loss or damages, including without limitation
reasonable legal fees, which we may suffer from your activities
on or use of the Service, including without limitation any
breach by you of this Agreement or any charges or complaints
made by other parties against you. You shall cooperate as
fully as reasonably required in the defense of any claim.
We reserve the right to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you;
provided, however, that you shall remain liable for any such
claim.
No Warranties
The Service is distributed on an "as is" basis.
We do not warrant that this Service will be uninterrupted
or error-free. There may be delays, omissions, and interruptions
in the availability of the Service. Where permitted by law,
you acknowledge that the Service is provided without any warranties
of any kind whatsoever either express or implied, including
but not limited to the implied warranties of merchantability
and fitness for a particular purpose. You acknowledge that
use of the Service is at your own risk. We do not represent
or endorse the accuracy or reliability of any profile, advice,
opinion, statement or other information recorded or distributed
through the Service by Mobile Chat, our partners or any user
of the Service or any other person or entity. You acknowledge
that any reliance upon any such opinion, member profile, advice,
statement or information shall be at your sole risk.
Your
continued use of the Service now, or following the posting
of notice of any changes in this Agreement, will constitute
a binding acceptance by you of this Agreement, or any subsequent
modifications.
We
may modify this Agreement from time to time. Notification
of changes in this Agreement will be posted on the Service
as we may determine in our sole discretion. If you do not
agree to any modifications, you should terminate your use
of the Service. Your continued use of the Service now, or
following the posting of notice of any changes in this Agreement,
will constitute a binding acceptance by you of this Agreement,
or any subsequent modifications.
Disclosure and Other Communication
We reserve the right to send you messages through the Service,
for the purpose of informing you of issues, changes or additions
to the Service, or of any Lexus Entertainment, Ltd. related
products and services. We reserve the right to disclose information
about your usage of the Service and demographics in forms
that do not reveal your personal identity.
And
by your use of the Service, you consent to such disclosures
and communications subject to the terms of our Privacy Policy.
Law
You agree that it will be governed by the laws of the state
of California and any disputes arising out of this Agreement
will be subject to the courts of the state of California.
If any provision in this Agreement is invalid or unenforceable
under applicable law, the remaining provisions will continue
in full force and effect.
Assignment
You do not have the right to assign this Agreement or any
of your rights to the Service to anyone. Lexus Entertainment,
Ltd. has the right to assign any or all of its rights and
duties under this Agreement or to the Service to any third
party.