Welcome to the TigerText (“TigerText,” “we” or “us”) website, tigertext.com (the “Site”) and TigerText’s mobile device and other SMS applications and software (all TigerText applications and software collectively and individually along with the Site, the “Service”). The Service as a whole and all worldwide rights, titles and interests in and to the Service are owned by TigerText.
The following are links to additional terms and conditions that also apply to your use of the Service and they are incorporated in these Terms by reference:
The above-linked terms and conditions may also be changed at TigerText’s sole discretion and those changes become effective upon posting through the Service. You are responsible for referring to the Service on an ongoing basis so that you understand our current terms and policies.
TigerText reserves the right at any time and for any reason, with or without notice, to: (1) modify, suspend, interrupt or terminate operation of or access to the Service, or any portion thereof; and (2) modify or change the Service and the applicable terms and policies.
WHAT YOU CANNOT DO THROUGH THE SERVICE
In addition to other limitations set forth in these Terms, by using the Service, you agree not to: (1) use any data mining, robots, or similar data gathering and extraction methods in connection with the Service; (2) interfere with the operation of the Service or with any other person’s use of the Service; (3) impose an unreasonable burden on the Service or network; (4) breach, or attempt to breach, the security of the Service; (5) gain unauthorized access to the Service or any part thereof; (6) use the Service for any purpose that is beyond the scope of the Service’s expected use, illegal or prohibited by these Terms; (7) to solicit any activity, unlawful or otherwise, that infringes TigerText’s rights or the rights of any other party; and (8) use the Service to transmit: spam, junk email, bulk email, promotions, or other solicitations, content that includes any advertising or marketing materials; content that may be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct; content that violates or infringes on our legal rights or copyrights, or the legal rights or copyrights of others; or viruses, bugs, worms, or any other computer code that may harm a network, computer, server, hardware, software, or telephone equipment.
USER SAFETY & USER AGE RESTRICTION
Although TigerText cannot guarantee user safety, TigerText seeks to be responsive to your concerns. If you are aware of or have been the recipient of threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate messages through the Service, then please send a brief description of your concerns to support@TigerText.com.
The Service shall not be used by any person under the age of 13, and by using the Service you are warranting that you are 13 years of age or older. TigerText also strongly recommends that children ages 13 through 17 consult their parents or legal guardians before using the Service. If you believe a child under the age of 13 is using the Service, please send all pertinent information to support@TigerText.com.
If you open an account through the Service (including establishing a username and password), you agree to provide accurate and truthful information about yourself and to keep your account current. You are responsible for any activity that occurs under you account and you are entirely responsible for the security and secrecy of your account login information and for all activity that occurs on your account as a result of your failure to maintain the security or secrecy of your account login information. You agree to notify TigerText immediately of all unauthorized use of your account and if the security or secrecy of your account login information has been compromised. You may be held responsible for any losses incurred by TigerText or any other user of the Service that are in any way related to your failure to maintain the security of your account information.
Unless otherwise stated, all materials on the Service, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Service, as well as their selection and arrangement and “look and feel” (collectively, the “Content”) are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and any unauthorized use of the Content may violate such laws and these Terms. Except as expressly provided herein, TigerText does not grant any express or implied rights to use the Content. You agree not to copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, create derivative works based on the Content or their selection and arrangement on the Service, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, any of the Content, the Service or any related software, except as expressly authorized herein. The Service may also make available materials, information and services provided by third parties, such as photographs, text, graphics, pictures, sound, video, information and software applications (collectively, the “Third Party Content”). The Third Party Content may be governed by separate license agreements that accompany such content. Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. TigerText offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Content, including any liability resulting from incompatibility between the Third Party Content and the Content offered by TigerText. You agree that you will not hold TigerText responsible or liable with respect to the Third Party Content or seek to do so.
“TigerText” and other TigerText graphics, logos, designs, page headers, button icons, scripts and service names are trademarks in the United States and other countries. Our trademarks and trade dress, as well as third party trademarks, logos and service marks contained on the Service, may not be used in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TigerText or such third party that may own the mark.
Notice of Copyright Infringement
If you believe in good faith that information contained on the Service infringes your copyright, please provide us with written notification as set forth below. We will review all claims of copyright infringement received and remove content that we deem, in our sole discretion, to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
- A clear description or identification of the copyrighted work that you claim was infringed;
- A clear description or identification of the material you claim infringes the copyrighted work and information reasonably sufficient to allow us to locate the material on the Service (e.g., a link to the material you claim is infringing);
- Your contact information, preferably including an email address and telephone number;
- Include the following or similar statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- Include the following or similar statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
- The notice must be signed by the owner or the person authorized to act on its behalf.
TigerText’s designated agent to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA) may be contacted at: accounts@TigerText.com or TigerText, Attn: Copyright Claims, 27001 Agoura Road, Suite 160, Calabasas California 91301. We will review and address all notices that comply with the requirements set forth above. Please do not send any correspondence unrelated to claims of copyright infringement as they will not be responded to.
PLEASE NOTE THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO SIGNIFICANT CIVIL PENALTIES, WHICH MAY INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.
Repeat Infringer Policy
In accordance with the DMCA, TigerText has adopted a policy of terminating account holders who are deemed to be repeat copyright infringers.
You agree to defend, indemnify and hold harmless TigerText, its officers, shareholders, predecessors, successors in interest, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees) due to, arising out of or relating in any way to your use of the Service.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SERVICE AND CONTENT ON THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN APPROVED REPRESENTATIVE SHALL CREATE A WARRANTY. ALL INFORMATION PROVIDED through THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. TIGERTEXT CANNOT ENSURE THAT ANYTHING YOU DOWNLOAD FROM THE SERVICE WILL NOT CONTAIN VIRUSES OR OTHER DESTRUCTIVE ELEMENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will TigerText or any of its affiliated entities be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from: (1) the use of, or inability to use, the Service; (2) the performance of the services and materials available from the Service; or (3) the conduct of other users of the Service, even if TigerText has been advised of the possibility of such damages. You assume total responsibility for your use of the Service. Your only remedy against TigerText for dissatisfaction with the Service or any Content is to stop using the Service. If, notwithstanding these Terms, TigerText is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service or any Content, TigerText’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
TigerText may at anytime cease to provide the Service for any reason including without limitation your violation of these Terms.
CONTROLLING LAW AND SEVERABILITY
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of Los Angeles and/or the Central District of California. If a court of competent jurisdiction finds any provision or portion of these terms and conditions unenforceable, the remainder shall continue in full force and effect.
TigerText administers and operates the Service from its location in Calabasas, California USA. Although the Service is accessible throughout the world, not all services or features provided or offered through the Service are available to all persons or in all geographic locations. TigerText reserves the right to limit, in its sole discretion, the provision and quantity of any service or feature to any person or geographic area. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and any offer for any feature or service made through the Service is void where prohibited.
The failure of TigerText to enforce strict performance by you of any provision of these Terms shall not be construed as a waiver of any provision or right. We may provide notice to you relating to the Service and/or these Terms by sending an email to your last known email address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Terms and/or the Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Service or export the Content in violation of U.S. export laws and regulations. If you access the Service from a location outside the United States, you are solely responsible for complying with applicable local laws.
These Terms are effective unless and until terminated by TigerText. TigerText may terminate these Terms at any time and may do so immediately without notice and, accordingly, deny you access to the Service, in TigerText’s sole discretion. The terms relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Controlling Law and Severability shall survive termination.
You also agree that any breach or violation by you of any of the Terms will cause TigerText irreparable damage, for which monetary damages would be inadequate, and you consent to TigerText obtaining injunctive or equitable relief, without being required to post a bond, if TigerText seeks such relief under the circumstances. Such injunctive or equitable would be in addition to any other remedies that TigerText might have at law.
These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous understandings regarding the same. No amendment to or modification of these Terms will be binding unless in writing and signed by us.
QUESTIONS AND COMMENTS
We welcome your questions, comments and concerns. Please send any feedback to firstname.lastname@example.org.
Revised On: 3/21/2012