Terms of Service:

The following terms and conditions govern all use of the textden.com website and all content, services, products and platforms available at or through the website, including, but not limited to, textden.com texting (sms) platform (“Rainbow Fruit” and “texTden Response Systems”), textden.com VIP hosting service (“VIP Hosting”), textden.com VIP platform management (“VIP Management”), (taken together, the Website). The Website is owned and operated by textden.com (“texTden”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, texTden’s Privacy Policy) and procedures that may be published from time to time on this Site by texTden (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of the services. If these terms and conditions are considered an offer by texTden, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.

Your Texten.com Account Including Mobile Devices Registered In your Account.

If you create an account on the Website, you are responsible for maintaining the security of your account and any device you may have registered to your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and texTden may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause texTden liability. You must immediately notify texTden of any unauthorized uses of your account and/or mobile device or any other breaches of security. texTden will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors.

If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website  (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

By submitting Content to texTden for inclusion on Website, you grant texTden a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content at texTden’s sole discretion while protecting your privacy as stated in texTden’s Privacy Policy.  If you delete Content, texTden will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable and texTden will not be responsible for or attempt to recover and delete any Content that you agreed to make public and is no longer on texTden’s Website.

Without limiting any of those representations or warranties, texTden has the right (though not the obligation) to, in texTden’s sole discretion (i) refuse or remove any content that, in texTden’s reasonable opinion, violates any texTden policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in texTden’s sole discretion. texTden will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal.

Responsibility of Website Visitors. texTden has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, texTden does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems including any other device associated with your account from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. texTden disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which textden.com links, and that link to textden.com. texTden does not have any control over those non-texTden websites and web pages, and is not responsible for their contents or their use. By linking to a non-texTden website or web page, texTden does not represent or imply that it endorses such website or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems including any other device associated with your account from viruses, worms, Trojan horses, and other harmful or destructive content. texTden disclaims any responsibility for any harm resulting from your use of non-texTden websites and web pages.

Copyright Infringement Policy. As texTden asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by textden.com violates your copyright, you are encouraged to contact texTden with proof of ownership. texTden will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. texTden will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of texTden or others. In the case of such termination, texTden will have no obligation to provide a refund of any amounts previously paid to texTden.

Intellectual Property. This Agreement does not transfer from texTden to you any texTden or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with texTden. texTden, the textden.com logo, and all other trademarks, service marks, graphics and logos used in connection with textden.com, or the Website are trademarks or registered trademarks of texTden or texTden’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any texTden or third-party trademarks.

Attribution. texTden reserves the right to display attribution links such as “Presented by textden.com”, in your text messages that you have published on texTden’s platforms.

Changes. texTden reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. texTden may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. texTden may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your textden.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Website is provided “as is”. texTden and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither texTden nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability. In no event will texTden, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to texTden under this agreement during the twelve (12) month period prior to the cause of action. texTden shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the texTden Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless texTden, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Disputes. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the federal and provincial legislation in force in the Province of Quebec, Canada. Any legal action in regards to texTden’s website use shall be brought before the courts of the District of Gatineau in the Province of Quebec, Canada. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; texTden may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Right to Amend. This Agreement constitutes the entire agreement between texTden and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of texTden, or by the posting by texTden of a revised version.