(see also Privacy Policy)

Welcome to www.textopoly.com, a web site and service, including mobile components, (the “Service”) which is operated by Textopoly (“Company” or “us” or “we”). By using the Service you are agreeing to be bound by these Terms of Use.

Please read these Terms of Use carefully before registering or using the Service. If you do not accept these Terms of Use, then you may not use the Service. These Terms of Use are subject to change by Company at any time, effective when posted on the Service. Your continued use after such notice will constitute acceptance by you of such changes.

Use of the Service. You may use this Service solely for and as intended by the Service only and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.

You agree to abide by any additional advertiser terms and conditions including without limitation, any contest or sweepstakes and that such additional terms and conditions shall supplement and govern your participation in the Service and such promotions. Certain aspects of the Service may also have fees associated with it, including text messaging, mobile internet data rates, and premium text messaging fees (disclosed below) associated with your agreement with your mobile service provider. All fees associated with the Service are non-refundable. You may cancel certain fee-based aspects of the Service as described in the materials associated with the Service to prevent future fees.

Mobile and Text Messaging. Some aspects of the Service may require text messaging. Important Notice for Text Messaging: You will be charged for each text message sent to your handset in accordance with the terms of your service agreement with your carrier. STANDARD TEXT MESSAGING AND DATA RATES APPLY, AND WILL APPEAR ON YOUR WIRELESS BILL, OR WILL BE DEDUCTED FROM YOUR PREPAID BALANCE. Please consult your wireless service provider regarding their pricing plans with any questions. You must be a wireless service subscriber with text messaging and mobile internet data service, using a participating service provider in order to participate via this method. You are responsible for all applicable taxes associated with your use of text messaging. Company in its sole discretion may add or delete a wireless carrier at any time, without notice. You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the mobile components of the Service available. You shall provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Service.

Premium Mobile and Text Messaging and Subscription Services. Certain aspects of the Service may also require sending premium text messages, including on a subscription basis. In those cases where you agree to be part of a premium SMS service, premium text charges will apply in addition to standard text messaging and data rates. The amount of such premium text charges will be clearly disclosed at the time you opt-in to participate in that aspect of the Service. You hereby acknowledge and agree that your participation in the service is deemed consideration for such premium text charges.

All rates may be adjusted from time to time and premium aspects of the Service may be added or withdrawn at the sole discretion of Company.

Texting STOP will prevent further premium message interaction with the Service. All premium text fees associated with the Service are non-refundable.

Your License to Company. The Service may provide you with an opportunity to share and upload, or submit to contests, sweepstakes, programs or other aspects of the Service, your photos, videos, text and other information (collectively any submission or derivative thereof is referred to as “Content”). You hereby grant Company a perpetual license to use, redact, republish, copy, sell, distribute, perform and distribute your Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you. We may further use your name, likeness, publicly accessible biographical data and any other information in connection with such use of the Content. You acknowledge that our use of your Content may include licensing such Content to third parties and/or using such Content for advertising, marketing, and/or sales purposes. In no event shall we be required to seek your approval or provide you with any compensation in connection with such uses. You acknowledge that nothing contained within your Content would require us to seek permission of a third party in order to use the Content as described in these Terms of Use. You also agree to waive any moral rights, or right to any residual payment associated with Content if such Content is published, sold, distributed, or otherwise commercially exploited.

Acceptable Use Policy. Company expects all of its users to be respectful of other people. If you notice any violation of this section or other unacceptable behavior by any user, you should report such activity to Company at (support@textopoly.com).

You are solely responsible for the Content that you post on the Service or transmit to other users and agree that you will not hold Company responsible or liable for any Content from other users that you access on the Service.

Categories of prohibited Content below are merely examples and are not intended to be exhaustive. Company will make the sole determination as to whether or not Content is acceptable for the Service. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:

is defamatory, abusive, obscene, profane or offensive;

infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);

violates any party’s right of publicity or right of privacy;

is threatening, harassing or that promotes racism, religion, sexual preference, bigotry, hatred or physical harm of any kind against any group or individual;

promotes or encourages violence;

is inaccurate, false or misleading in any way;

is illegal or promotes any illegal activities;

promotes firearms;

contains personal information of any party such as phone numbers, addresses, license plate numbers etc;

promotes or displays any commercial products or brands or logos;

promotes illegal or unauthorized coping of another person's copyrighted work or links to them or providing information to circumvent security measures;

contains “masked” profanity (i.e., F*@&#)

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with this Terms of Use. Company will make all determinations as to what Content is appropriate in its sole discretion. Company may include, edit or remove any Content at any time without notice.

You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you may send your feedback and comments to support@textopoly.com or may opt-out of further use of the Service.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party.

Termination of Access. In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your access to the Service, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Privacy: The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.

Links. This Service may contain links to other web sites not maintained by us. These links may include listings that can provide you with further information, or links that have been included in materials uploaded to the Service by a party other than Company. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. Despite any links that might exist on the Service, we do not necessarily endorse nor are affiliated with such third parties.

Our Proprietary Rights. Company or its licensors are the exclusive owners of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, or set forth on the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Company.

No Warranties. THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Service during the prior twelve (12) months or (ii) ten dollars ($10).

Indemnity. You agree to defend, indemnify and hold harmless Company, its officers, directors, employees, business partners, investors, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Governing Law. The laws of the State of New York shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE.

Any claims asserted by you in connection with the Service must be asserted in writing to Company within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Digital Millennium Copyright Act ("DMCA") Notice. Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.

If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as a name, physical address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Attn: Textopoly DMCA Notice
c/o Vejay Lalla
Davis & Gilbert
1740 Broadway
New York, NY 10019

Email: ‘support@textopoly.com’

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Severability. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information. Should you have any questions you may contact us at support@textopoly.com.

Effective Date: These Terms of Use were last updated on February 17, 2010.

Privacy

YOUR USE OF OUR SERVICES AND WEB SITES IS SUBJECT TO YOUR AGREEMENT TO THE TERMS OF THIS PRIVACY POLICY.

Textopoly (“Company”) respects your privacy and is committed to protecting the personal information that you may provide while using our web sites and mobile services. This Privacy Policy (the "Policy") is intended to provide you with notice of the following:

The web sites and services covered by this Policy

Our policies concerning children

What personal information we collect from you

What non-personal information we collect from you

Information on “cookies” and related technology

How we use and share the information that we collect from you

Information for persons outside the United States

Our commitment to secure the personal information we have collected

Notice of changes to the Policy

If you have any questions, complaints, or comments regarding this Policy, please contact Company at support@textopoly.com.

The web sites and services covered by this Policy is (“Site” or “Sites”)

www.textopoly.com

In addition, we own many other domain names that may redirect to the home page of the Sites.

From time to time, we may add new Sites that may not be listed above, but they will provide a link to this Policy and will be governed by its terms.

Our Policies Concerning Children

We comply with the Children's Online Privacy Protection Act and all other applicable laws and regulations concerning children and the Internet.

Children under the age of 13

If you are under the age of 13, you may not use the Site and you may not sign up for any subscription service or buy anything through the Sites. Except as may be required by law, Company will not knowingly collect, maintain, or disclose any personal information from children under the age of 13.

Kids between the ages of 13 and 18

If you are between the ages of 13 and 18, please let your parent or guardian know about this Policy and get his or her permission before you give us any of your personal identifiable information, before you sign up for any subscription services, and before you buy anything from the Sites.

Information for Parents/Guardians

We encourage parents and guardians to spend time online with their children to become familiar with the types of content available on the Internet, including our Site. Parents and guardians should regularly oversee their children's use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids.

If you are a parent or guardian who has discovered that your child has submitted his or her personal information without your permission or consent, we will take reasonable steps to remove that information from the Company database at your request. To request removal of your child's information, please send us an e-mail to support@textopoly.com and be sure to include in your message your contact information.

What Personal Information We Collect From You

We do not collect any personal information from you, unless you provide it to us voluntarily. If you decide to provide us your personal information (e.g., mobile number, name, email address, and mailing address), we will collect only the personal information which is needed to fulfill your requests and our legitimate business objectives. If you refuse to divulge your personal information when requested, you may not be able to access certain areas on the Sites (such as message boards).

Email Newsletters

You may provide an email address in order to receive emails from us. You may be asked for additional personal information when you subscribe. You can opt out of receiving future emailing from us by following the directions contained in the email to "unsubscribe."

What Non-Personal Information We Collect From You

General, aggregated, demographic, and non-personal information may be collected by Company. It will not be linked to any of your personal information, through cookies or other means, without your consent. This type of anonymous, aggregated profiling and session data may include information that you have provided to us through surveys, polls, etc., but will not be tied to any personal information, without your consent. It may also include aggregated anonymous information about site usage, browser type, device type, and the customer base.

In many cases, Company will automatically collect certain non-personal information about your use of its sites and services. Company might collect, among other things, information concerning the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your "click path" through the Sites, and the web site or advertisement that was linked to or from the Sites when you visited. To do this, Company may use cookies and other technology.

Information on Cookies and Related Technology

Company Sites, and some services and advertisements on such sites, may contain "cookies." A cookie is a piece of data that is sent to your browser, which will store the cookie on your computer if your browser is enabled to accept cookies.

Most internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or "Help" screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the Site and services may not function properly.

Company does not control cookies in third party ads, and visitors are encouraged to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. The ads appearing on our Sites may be delivered to you by third-party advertising companies. These companies may use information about your visits to this and other web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.

How We Use and Share the Information That We Collect From You

Personal information which we collect for a particular purpose will only be saved and used for that purpose, unless you have agreed to allow us to use it for some other purpose, as described in this Policy.

When you have provided personal information to us for a particular purpose, we may disclose your information to other companies that we have engaged to assist us in fulfilling your request. This may include, but is not limited to, fulfillment houses, billing services, transaction managers, credit verification services, and other third party service providers. We may also disclose any of your personal information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, or as otherwise may be required by applicable law, or, as we deem necessary in our sole discretion, in order to protect the legitimate legal and business interests of Company.

We may use the information we collect from you for the purpose of providing you with technical support, customer service, and account maintenance. We use the information we collect to learn what you like, tailor your experience accordingly, and to improve web sites and our other products. We send e-mail to our members who want to receive e-mail from us. However, if you don't want to receive e-mail from us, you can “opt out” of receiving it at the time you register as a member on our web sites or each time we request information from you. If you change your mind and wish to stop receiving e-mails from us, you may also choose to opt out by following the steps described in each such e-mail.

We sometimes share general, demographic, or aggregated (not personal) information with third parties about our user base, but that information does not include any personal information.

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Sites, of any personal information contained in the Company database for such site, if Company assigns all of its rights and obligations regarding the use of your personal information at the time of a bankruptcy, merger, acquisition, sale of all or substantially all of Company's assets to a subsequent owner or operator, or similar event.

To the extent we collect any aggregated anonymous information; we may share that information and information derived from the aggregated anonymous information with our business partners.

Please follow the directions on the Sites to remove or edit any of your personal information. If you have any questions about your personal information or would like to confirm removal or an opt-out associated with your information please contact us at support@textopoly.com. Please provide your contact information including account credentials, email address, and call back number so that we may potentially contact you with the assistance of this process if necessary.

Other important agreements that govern your use of our sites and services

In addition to this Policy, your rights and obligations concerning our Sites, and services, are governed by the applicable web site terms of service and other applicable policies, guidelines, and requirements. When you sign up to use our services, please review each such agreement carefully, as you must agree to be bound by each such agreement before you may use the service.

Information for Persons Outside the United States

By consenting to this Policy, you confirm that your command and knowledge of English is sufficient to understand the terms and conditions set forth herein.

Our Commitment to Secure the Personal Information We Have Collected

While Company takes precautions against possible breaches in its web sites and customer databases, no web site or Internet transmission is completely secure. Consequently, Company cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Company Sites and services is at your own risk. Company urges you to take steps to keep your personal information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your user account, and closing your web browser.

Notice of Changes to the Policy

Company reserves the right to change this Policy at any time by notifying registered users via e-mail of the existence of a new Policy and/or posting the new Policy on the Sites. All changes to the Policy will be effective when posted, and your continued use of any Company site or service after the posting will constitute your acceptance of, and agreement to be bound by, those changes.

Last Updated: February 17, 2010

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