Terms of Service
Welcome to magTXT. By using the magTXT website you agree to be bound by these Terms of Service, whether or not you register as a member. If you wish to become a member and communicate with other members and make use of the magTXT service, read these Terms of service and indicate your acceptance of them by following the instructions in the registration process.
This agreement sets out the legally binding terms of your use of the website and your membership in the service and may be modified by magTXT from time to time, such modifications to be effective upon posting by magTXT on the website.
You must be eighteen or over to register as a member of magTXT or use the website. Membership in the service is void where prohibited. By using the website, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement.
This agreement will remain in full force and effect while you use the website and/or are a member. You may terminate your membership at any time, for any reason by following the instructions on the deactivate section in Account Settings, or upon receipt by magTXT of your written or email notice of termination. magTXT may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to magTXT. If magTXT terminates your membership in the service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this agreement will remain in effect. Even after this agreement is terminated, certain provisions will remain in effect.
3. Non Commercial Use by Members.
The website is for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the service or the website for any purpose. Illegal and/or unauthorized uses of the website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on magTXT.
magTXT owns and retains all proprietary rights in the website and the service. The website contains the copyrighted material, trademarks, and other proprietary information of magTXT, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site.
a. You understand and agree that magTXT may review and delete any content, messages, magTXT messenger messages, photos or profiles that in the sole judgment of magTXT violate this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of members.
b. You are solely responsible for the content that you publish or display on the service, or transmit to other members.
c. By posting content to any public area of magTXT, you automatically grant, and you represent and warrant that you have the right to grant, to magTXT an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. Illegal and prohibited contents, such as nudity, foul words/actions, harassment, promotions and similar, are not allowed on the website. magTXT reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the membership of such violators.
e. You must use the service in a manner consistent with any and all applicable laws and regulations.
f. You may not include in your member profile any telephone numbers, street addresses, last names, URLs or email addresses.
g. You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You may not transmit any chain letters or junk email to other members. Although magTXT cannot monitor the conduct of its members off the Website, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, magTXT reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which magTXT deems appropriate in its sole discretion.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You may only sign up only once to magTXT.
8. Member Disputes.
You are solely responsible for your interactions with other magTXT members. magTXT reserves the right, but has no obligation, to monitor disputes between you and other members.
magTXT is not responsible for any incorrect or inaccurate content posted on the website or in connection with the service, whether caused by users of the Website, members or by any of the equipment or programming associated with or utilized in the service. magTXT is not responsible for the conduct, whether online or offline, of any user of the website or member of the service. magTXT assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. magTXT is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the service. Under no circumstances will magTXT be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the website or the service, any content posted on the website or transmitted to members, or any interactions between users of the Website, whether online or offline. magTXT expressly disclaims any warranty of fitness for a particular purpose or non-infringement. magTXT cannot guarantee and does not promise any specific results from use of the website and/or the service.
11. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will magTXT be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the service, even if magTXT has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, magTXT liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to magTXT for the service during the term of membership.
If there is any dispute about or involving the website and/or the service, by using the website, you agree that the dispute will be governed by the laws of your jurisdiction without regard to its conflict of law provisions.
You agree to indemnify and hold magTXT, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above.
This agreement, accepted upon use of the website and further affirmed by becoming a member of the service, contains the entire agreement between you and magTXT regarding the use of the website and/or the service. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect.
For any questions or concerns about this terms of service, the practices of the site, or your dealings with the site, you can contact us at magTXT@gmail.com.