Welcome to the TVTxtr website located at TVTxtr.com (the "Website"). The Website and mobile service (the “Service”) are each owned and operated by TVTxtr LLC ("TVTxtr" "we" or "us"). By using and/or accessing the Website and/or Service, you are agreeing to comply with, and be bound by, the following Member Terms (“Member Terms”), as well as the TVTxtr Privacy Policy (“Privacy Policy”), and all sweepstakes rules which apply to the specific TVTxtr Channel to which you subscribe (“Official Rules”) and any otherTVTxtr operating rules policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, "Member Terms"). Please review the Member Terms carefully. If you do not agree to the Member Terms in their entirety, you are not authorized to use the Website or the Service.
We may amend the Member Terms from time to time without specific notice to you except that any amendment or modification (i) to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) or (ii) to the pricing and/or billing provisions (“Billing Provisions”), won’t apply to any disputes or charges incurred prior to the applicable amendment or modification. Your continued use of the Service or the Website constitutes your agreement to any changes to the Member Terms in effect at that time (other than with respect to changes to the Dispute Resolution Provisions or the Billing Provisions, which will apply only on a going forward basis only as noted above). We will post the latest Member Terms on the Website. Therefore, you should regularly check the Website for any updates or changes.
The following summary is intended to present certain important aspects of your relationship with us. For complete details, please review the remainder of the Member Terms.
The Service is a subscription service that gives you access to a single channel which is comprised of mobile-based and associated web-based interactive entertainment content and the associated service (together “Channel”). You identify which Channel you are subscribing to when you sign up by responding to an offer for that specific Channel. We offer a premium mobile subscription membership (“Premium Membership”) for $9.99 a month billed to your mobile phone bill or deducted from your prepaid account. Message and data rates may apply. We reserve the right to not accept prepaid mobile phone accounts. You must be a legal resident of the U.S. and have the mobile phone account holder's consent to subscribe. The Service is not available to users under 13 years of age or to Florida State residents under 18 years of age. If you are between the ages of 13 and 18 years old, a parent must subscribe on your behalf. We also offer a no-charge basic membership (“Basic Membership” and together with the Premium Membership, “Membership”).
You can cancel your Membership at any time by texting “STOP” to 71234 or by calling 800-217-5701. You can get customer service by texting “HELP” to 71234, by visiting txtvr.com/support or by emailing dond@tvtxtr.com.
When you subscribe, we will establish an account for you which will enable you to access one of our Channels according to the terms for that Channel; an account for one of our Channels does not entitle you to access any of our other Channels. We will send messages related to the Channel to Premium members periodically via text message to their mobile phones. Basic Members can interact with the Service for the Channel to which they are subscribed online. You can control how often we contact you, and certain other aspects of the Service, through text message commands or on the control panel located at the Website.
Some Channels are affiliated with sweepstakes, and you can enter those sweepstakes according to the rules for that Channel as follows. All sweepstakes entries must be activated before they become effective. Both Premium and Basic Members must activate their entries on the Website by logging on, navigating to the “My Entries” form, and clicking the “Submit” button. Premium Members whose mobile carrier permits automatic entry don’t have to activate their entries manually. Currently, AT&T, Verizon Wireless, Alltel and US Cellular® permit automatic entry. If you are Basic Member and play online, you will have to activate your entry. We also offer a no-cost mail-in alternative means of entry to all sweepstakes. Refer to the Official Rules at http://dond.tvtxtr.com/index.cfm/docs/dspContestRules for the complete rules applicable to the Sweepstakes associated with the Channel.
Following is a summary of each Channel and the associated sweepstakes rules. Refer to Sections 2 and 3 of this document as well as the Official Rules for the particular Channel for complete details.
“Deal or No Deal Txt2Win Game” provides a new Deal or Deal Txt2Win game (a “Daily Game”) every day. When you start a Daily Game, you will be entered into the daily and monthly cash drawings associated with the date the Daily Game first became available for play. You will also be entered into the grand prize drawings associated with the promotion period during which the Daily Game first became available for play. Each week, there are two FastPrize drawings; if you reach a specified mid-point in a Daily Game, currently the end of the second round, you will be entered into the first of that week’s FastPrize drawings; you will be entered in the second FastPrize drawing of that week if you complete a Daily Game by either accepting one of the banker’s offer or when the contents of your case are revealed.
We award loyalty points based on game play which you may redeem online for merchandise at the TVTxtr website’s “Rewards” catalog.
TVTxtr urges you to never use your mobile phone to access the Service or to otherwise send text message messages while operating a car or other motorized vehicle or in any other situation where accessing the Service and/or sending text messages is unsafe and you expressly agree, as a condition of your subscription to the Service, that you will not do so. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, DIRECT OR INDIRECT DAMAGES OR ANY OTHER LOSS THAT YOU MAY SUFFER OR INCUR AS A RESULT OF USING THE SERVICE WHILE OPERATING A CAR OR OTHER MOTORIZED VEHICLE OR IN ANY OTHER SITUATION WHERE ACCESSING THE SERVICE IS UNSAFE TO YOU OR ANY THIRD PARTY.
If you are a Premium Member, you should be aware that we will regularly be sending you text messages. As standard messaging charges apply to these text messages, you may wish to consider a messaging plan with your mobile carrier that provides unlimited text messaging for a fixed monthly fee to avoid per message charges.
If you travel internationally, you should also be aware that some wireless carriers impose extra charges for text messages received when you are outside of the country even if you are on a text messaging plan that provides unlimited text messaging domestically for a fixed monthly fee. Please check with your wireless carrier if you plan to travel internationally. You may temporarily stop Us from sending You Game messages by texting “PAUSE” to 71234 or by selecting “Pause” in the Game Frequency pull-down menu on the MyProfile page when you log in to the TvTxtr.com website. If you pause messaging we will not begin sending you Game messages again until you select weekly, Monday/Wednesday/Friday, weekday, or daily game notification; even if you select “pause” we will still send you certain limited text messages that are required by carrier regulations.
1.1 Membership Types; Registration Information: We offer two types of memberships: Basic Memberships and Premium Memberships. Each individual can only establish and maintain one account at any given time. You must be a legal resident of the U.S. to subscribe. You must have the mobile phone account holder’s consent to subscribe as a Premium Member. The Service is not available to users under 13 years of age or to Florida State residents under 18 years of age. If you are between the ages of 13 and 18 years old, a parent must subscribe on your behalf.
To apply for Membership, you must provide us with certain required information; we also ask for other information that is optional ("Registration Information"). We collect some of the Registration Information via your mobile phone when you sign-up for a Premium Membership and other Registration Information on the Website for both Membership types. You agree to provide true and accurate Registration Information, and to update that Registration Information as it changes. If we determine that your Registration Information is untrue, inaccurate, not current or incomplete, then we may suspend or terminate your Membership.
1.2 Premium Membership Sign-Up: To apply for a Premium Membership, you must enter your mobile phone number and hit the submit button on the Premium Membership sign-up page. Currently, you can also initiate sign-up by texting a keyword in response to television or print ads; we may use or develop other means of initiating sign-ups for the Service. The keyword you text will specify which Game you are subscribing to (for example, “DOND” for TVTxtr’s Deal or No Deal Txt2Win game).
For sign-ups initiated on the Premium Membership sign-up page, if your application is approved, we will send a confirmation PIN Number to the mobile phone number that you provided with your application. By entering the confirmation PIN Number on the PIN submit page on the Website or by replying “YES” via text message to the confirmation text message that we sent to your mobile phone, you acknowledge and agree that: (i) you will be enrolled in a subscription-based premium service at $9.99 per month (“Monthly Fee”) that will be billed to your mobile phone account or deducted from your prepaid account; (ii) the Monthly Fee will appear on your monthly mobile phone bill as “TVTxtr” and possibly the name of the game to which you are subscribed (for example, “TVTxtr/DOND”) (this may vary depending on your mobile phone carrier, however, please be advised that TVTXtr and your mobile phone carrier are not affiliated); (iii) you have opted in to receive third party advertising content; and (iv) you have read, understood and agree to the Member Terms in their entirety. You are responsible for paying any sales, use or other taxes related to the Service. We obtain authorization to provide and bill for the Premium Membership by your electronic signature. Once you confirm your application for a Premium Membership entering the secret PIN code we text to your cell phone, or by replying YES to 71234 from your cell phone or completing such other second step in the sign-up process as we may specify from time to time, this electronic order constitutes an electronic letter of agency authorized by your electronic signature in accordance with the Member Terms. We are relying on your electronic signature on the registration page pursuant to the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Commerce Act. Both of these laws specifically preempt state laws that recognize only paper records or handwritten signatures.
Premium Members whose wireless carriers do not permit automatic entry into the Sweepstakes as summarized below in Section 3 and as provided for in the Official Rules, will also need to log in to the Website and activate each Sweepstakes entry individually. To log in, you must use your mobile phone number or User ID and a password we assign during the sign-up process.
We reserve the right to change our pricing and/or billing practices at any time. We will submit all increases in prices and material changes in our billing practices to Premium Members for review prior to their taking effect. Each Premium Member will have 10 days to cancel their Premium Membership where he/she does not consent to any material change in our billing practices or pricing increase. While you are a Premium Member, you will be billed and will be responsible for paying, all applicable charges. Failure to use your Premium Membership does not constitute a basis for refusing to pay any of the Monthly Fee. If a Premium Member cancels their Membership, we will not refund any fees that have already been paid.
1.3 Basic Membership Sign-Up: To apply for a Basic Membership, you must submit your email address and a security code and hit the submit button on the Basic Membership sign-up page. If your application is approved, we will email you a unique confirmation link or URL. You must access the web page specified by the confirmation link in order to activate your membership and be assigned a user ID and password. By activating the confirmation link or visiting the URL, you acknowledge and agree that: (i) you will be enrolled in a free, Internet-based Service without mobile access privileges; (ii) we may integrate advertising messages in with the presentation of the Website to you; (iii) you have opted in to receive third party advertising content as an integral part of your Basic Membership; and (iv) you have read, understood and agree to the Member Terms in their entirety.
1.4 Minors: If you are a parent permitting a minor to use the Website and/or Service, you agree to: (i) exercise supervision over the minor's use of Website and/or Service; (ii) assume all risks associated with the minor’s use of content received through the Website and/or Service, as well as the minor’s transmission of materials, content or other information to another person via the Internet; (iii) assume liabilities resulting from the minor’s use of Service, including payment obligations associated with their Premium Membership; and (iv) ensure, to the fullest extent possible, the accuracy and truthfulness of all Registration Information submitted by the minor.
1.5 Your Account: Upon our approval of your Membership application, we will establish an account for you (“Account”) to keep track of your Game play and your Loyalty Points (defined below). Each individual can only establish and maintain one account at any given time. Members will be granted access to the Website by means of a user ID (“User ID”) and password or their PIN (collectively, “Password”). You are responsible for maintaining the confidentiality of your User ID, Password and Account. You agree that you will not authorize and/or permit others to use your Account and we will not be responsible for any unauthorized use of your Account. Although we have no obligations arising from unauthorized use of your Account, you should immediately notify us through our customer service contact information if there’s any unauthorized use of your User ID, Password or Account.
2.1 Service Description: Each Game we offer is described separately below.
a) Deal or No Deal Txt2Win Game: The Deal or No Deal Txt2Win Game permits you to play a new Daily Game every day. Initially, we will send Game Start notices to Premium Members weekly based on the day you signed up; Premium Members can vary the frequency of Game Start notices on the “MyProfile” page of the Website or via a text command. Premium Members can also start a new Daily Game by texting PLAY to 71234. Basic Members will not receive notification of Daily Game starts, but can start a new Daily Game by logging on to their account on the Website and clicking the “Play on Web” button. One new Daily Game is available to all Members every day at 6:00 AM, Eastern Standard Time (“EST”) and can be played until 5:59 AM EST of the following day. You can pause playing a Daily Game and then resume play but if you want to complete that Daily Game, you must do so before a new Daily Game becomes available. To play a Daily Game, follow the instructions which will be sent via text message if you play on your mobile phone or are available online if you play on the Website. Any points you win by completing a Daily Game or by accepting the banker’s offer during a Daily Game will be credited to your Loyalty Points account.
When you start a Daily Game, you will be entered into the daily and monthly cash drawings associated with the date on which that Daily Game first became available for play; you will also be entered into the grand prize drawing associated with the promotion period during which that Daily Game first became available for play. Each Daily Game you play during the eligibility period for a monthly or grand prize drawing results in an additional entry into each respective drawing; you get only one entry into each daily drawing by playing a Daily Game. Each week, there are two FastPrize drawings; if you reach a specified mid-point in a Daily Game, currently the end of the second round, you will be entered into the first of that week’s FastPrize drawings; you will be entered in the second FastPrize drawing of that week if you complete a Daily Game by either accepting one of the banker’s offers or when the contents of your case are revealed. You may enter a single FastPrize drawing multiple times by playing more than one Daily Game during a given week. For additional information, refer to the Frequently Asked Questions (“FAQs”) which can be accessed at http://dond.tvtxtr.com/index.cfm/support/dspFaq or by texting HELP to 71234.
We assume no responsibility for the timeliness, operation, or failure of the game play.
2.2 Loyalty Points; Loyalty Point System: Based on the rules of the games for each Channel, we will grant loyalty points ("Loyalty Points" or “Gift Points”) based on the results of the game play. In addition, we may award Members Loyalty Points and/or specific Rewards, from time to time, for taking specific actions such as providing member profile information. Please check the Website for special promotions and the FAQs for other circumstances where we may award Loyalty Points. Loyalty Points may be redeemed for rewards ("Rewards") selected by the Member from a catalog made available on the Website ("Rewards Catalog"). The award of Rewards and Loyalty Points, the process of redeeming Loyalty Points for specific Rewards and the delivery of those Rewards to Members, comprises the "Loyalty Points System." Loyalty Points are not redeemable for cash and have no cash value.
We may terminate the Loyalty Points System at any time: (i) for Premium Members, upon thirty day’s advance notice via text message to the mobile phone number that the Premium Member provided during registration; and (ii) for Basic Members, by posting a notice on the "Rewards Catalog" page of the Website thirty days prior to termination. Loyalty Points expire 550 days (approximately 18 months) after the last date on which you receive a Loyalty Point. After expiration, expired Reward Point balances will be deducted from your Account and will not be available for redemption for Rewards.
Members’ Loyalty Point balances will be displayed on the "MyProfile" page of the Website, as well as on the Rewards Catalog page when a Member is logged into their Account. As each individual can only establish and maintain one Account at any given time, we may terminate the Account of any Member who has established multiple Accounts and void any Loyalty Points earned by such person. We may also terminate the Account and void the Loyalty Points of any person who we reasonably believe is accumulating or attempting to accumulate Loyalty Points by using any means or device such as a robot, spider, computer script or other automated, artificial or fraudulent method designed to play Daily Games and/or appear like an individual. Our accounting of a Member’s then-current Loyalty Point balance is definitive and final provided that we may make adjustments if there is an error.
Rewards featured in the Rewards Catalog, or in any advertisement or marketing material ("Advertisement"), are subject to availability and we may change or remove a Reward at any time without notice and may also change the number of Loyalty Points required to redeem a particular Reward. We reserve the right to substitute out-of-stock, discontinued or otherwise unavailable Rewards with articles of equal or greater value.
When a Member redeems Loyalty Points for a Reward, we will deduct the corresponding number of Loyalty Points from that Member’s Account. Rewards may be: (a) physical goods including Deal or Deal branded merchandise ("Physical Rewards") or (b) access to services that are delivered as redemption or access codes sent to the Member’s email account ("Email Reward Codes").
Physical Rewards: We will pay all shipping and handling fees associated with Physical Rewards. You will be asked to provide a shipping address when you redeem Loyalty Points for a Physical Reward.
Email Reward Codes: Members should ensure the accuracy of their email addresses on file at all times, as misdirected Email Reward Codes will not be replaced. Members are responsible for ensuring that they are able to receive email from us at the email address provided by the Member on the MyProfile page. We assume no responsibility for properly directed email containing Email Reward Codes that are not received by Members due to email filtering or restriction by a Member’s Internet Service Provider, email provider, email software, spam filter software or other software, hardware or service outside of our control.
The Rewards featured in the Catalog, the Advertisements, the Website and otherwise: (a) are provided by the applicable Reward manufacturer, distributor or retailer ("Reward Manufacturer"); and (b) contain descriptions that are provided directly by such Reward Manufacturer. As a result, we have no control over: (i) the quality, safety or legality of the Rewards; and/or (ii) the truth or accuracy of the Reward listings. We do not represent or warrant that the descriptions of the Rewards are accurate or complete. Warranty claims, requests for technical or customer support, and returns for malfunction or damage to Rewards should be communicated to the applicable Reward Manufacturer and not to us.
Trademarks associated with any of the Rewards are the intellectual property of their respective owners, and mention or display of the trademarks does not indicate endorsement, sponsorship or affiliation by the trademark owners of or with us or any of our promotions.
We may offer, in our discretion, sweepstakes from time to time (“Sweepstakes”). If the Channel you subscribed for has a sweepstakes, when you complete certain actions specified in the Channel’s Service Description (see Section 2), you will be entered into the specified Sweepstakes drawing or drawings according to the Official Rules for that Channel. You must activate each Sweepstakes entry in order to be entered into in the drawing for that Sweepstakes.
To activate an entry, Members must: 1) log on to the Website; 2) navigate to the “My Entries” form where we will have pre-populated a form with all eligible entries based on the Member’s game play; and 3) click the “Submit” button. If you don’t activate your entry before the applicable drawing date(s) specified in the Official Rules, you will not be entered into the drawing(s). Certain Premium Members whose mobile carrier permit automatic entry based on game play alone don’t have to activate their entries. Currently, AT&T, Verizon Wireless, Alltel and US Cellular® permit automatic entry.
Entry Expiration Alerts: For the first two times that a Premium Member has Sweepstakes entries that are about to expire, we will send them a text message reminding them to activate their entries. To continue receiving these alerts, the Premium Member must text the ALERTS command to 71234; to stop receiving reminders, Premium Members must text the NOALERTS command to 71234.
4.1 Termination - Premium Members: A Premium Member may cancel their Premium Membership at any time by: (i) texting "STOP" to 71234; (ii) contacting us on the customer service section of the Website located at http://dond.TVTxtr.com/index.cfm/support/dspSupport; (iii) calling our toll free number: 800-217-5701; ; (iv) clicking the “Delete My Account” link on the applicable MyProfile page in the MyProfile section of the website, or (v) emailing us at DOND@TVTxtr.com There is no charge to terminate a Premium Membership. A terminated Premium Membership will automatically be converted into a no-cost Basic Membership enabling former Premium Members to access and redeem their accumulated Loyalty Points until they expire. Upon conversion, the Member will no longer be able to access the Service by mobile phone. We will not refund Monthly Fees paid prior to the termination date and the Premium Member shall remain liable for any unpaid charges previously billed to the Premium Member’s mobile phone bill.
We reserve the right to cancel any Premium Member’s Membership at any time by refunding any pre-paid Monthly Fees for the then-current month or by not renewing a Premium Membership after the then-current billing period.
If at any time any Premium Member fails to or refuses to pay for the Service, or seeks or obtains a refund for Service previously rendered, then we have the right to terminate the Premium Member’s Account without prejudice to our other rights. A Member who has been converted to a Basic Membership may cancel his/her account by any of the steps specified in the section "Termination – Basic Members."
Any requests for refunds of Monthly Fees paid by a Premium Member must be submitted to us and shall be granted in our sole discretion. If any Premium Member obtains a refund for the Service from both their mobile phone carrier and from us for the same period of Service, then the Premium Member agrees to reimburse us for the duplicate refund by repaying to us the amount of any refund that the Premium Member obtained from us that is in addition to a refund that the Premium Member obtained from their mobile phone carrier.
Where a Premium Member transfers their mobile phone number to a different carrier, we are required by carrier regulations to cancel the Member’s Premium Membership which will then be converted to a Basic Membership. After we receive notice of the transfer, we will not be able to contact the Premium Member via text message. The Member may reinstate their Premium Membership without loss of voting history, Loyalty Points or Sweepstakes eligibility by upgrading their Basic Membership to a Premium Membership at the Website; provided, that enrolling as a Premium Member through any means other than the Website may result in a loss of that Member’s voting history and/or Loyalty Point balance.
4.2 Termination – Basic Members: A Basic Member may cancel their Basic Membership at any time by: (i) clicking the "Cancel My Account" link on the applicable MyProfile page; or (ii) calling, toll free, 800-217-5701. Where a Basic Member terminates their Basic Membership, their Loyalty Points will expire immediately, he/she will no longer be able to log on to the Website and the license to use the Service and Website will immediately terminate.
4.3 Termination For Cause; Disputes: If we believe that any Member is violating the Member Terms, we may terminate the Member’s Account without notice and without further obligation to the Member. In that event, the Member’s Loyalty Points will expire immediately, such Member will no longer be able to log on to the Website and the license to use the Service and Website shall immediately terminate.
Each Member’s sole recourse with respect to any dispute with us is to cancel their Membership except that with respect to any Sweepstakes issue, the applicable Sweepstakes rules shall prevail.
4.4 Customer Service: Members may obtain support at any time through the Website at http://dond.TVTxtr.com/index.cfm/support/dspSupport or via email at dond@TVTxtr.com. Premium Members may also get support by calling toll free, 800-217-5701 or by texting "HELP" to 71234 at any time to receive summary information about their Accounts and instructions on how to access additional customer service.
5.1 Use: You agree not to interfere, permit the use of your Membership or Account by another to interfere, with the normal processes or use of the Service by other Members, including by attempting to log in to the accounts of other Members, attempting to access administrative areas of the Website, attempting to systematically extract Content from the Service beyond patterns consistent with personal use or by submitting text commands or Internet-based requests in such a volume that is likely to overwhelm our servers or interfere with the ordinary operation of the Service. You agree to report any violation of the Member Terms by others that you become aware of by contacting us at: abuse@Tvtxtr.com.
5.2 Submissions: If you submit any quotations, photographs, comments or other material or content to the Service, either through the Website or via text messages (collectively, "Submissions"), you agree not to: (i) submit libelous or defamatory Submissions; (ii) submit any Submissions that violate any local, state or federal law; (iii) display any telephone numbers, street addresses, last names, URLs, email addresses or any confidential information of any third party; (iv) submit any audio files, text, photographs, videos or other images containing confidential information or material that may be deemed indecent or obscene in your community, as defined under applicable law; (v) impersonate, “stalk” or harass any person or entity; (vi) transmit any chain letters, spam, junk text or email; (vii) express or imply that any statements that you make are endorsed by us, without our specific prior written consent; (viii) harvest or collect personal information of visitors to the Website or other Members whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; (x) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) interfere with or disrupt any of the Website’s functions, the Service and/or the servers or networks connected to the Website; (xii) post, offer for download, text, email or otherwise transmit any material that contains software viruses or any other computer code, files or content designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, content designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, content designed to initiate "denial of service" attacks, mail bomb content and content designed to gain unauthorized access to networks on the Internet; and/or (xiii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website.
By submitting any photograph(s) to us, you represent and warrant that: (a) you have the exclusive copyright to the photograph(s); (b) you have the consent of all individuals depicted in the photograph(s) (by parent or guardian in the case of a minor) for use by us; and (c) we may use the photograph, in its original or any edited, revised or retouched form, in any and all media, without further compensation to you. You hereby grant us a perpetual, global and irrevocable right to use any Submissions, Registration Information and any quotations or comments for promotional purposes and in connection with publishing the statistics and scores of our Service participants as well as the winners of any applicable Sweepstakes, should you qualify, all without further consideration or compensation.
5.3 U.S. Compliant: The Website is hosted in the United States of America (“U.S.”), is intended to be compliant only with U.S. laws and regulations, and is intended for use only in the U.S. You agree that you will not access the Website or use the Service outside the U.S.
5.4 Necessary Equipment and Services: Use of certain aspects of the Service requires a mobile phone capable of sending and receiving text messages, and a mobile phone service plan that permits receiving premium text messages; message and data rates may apply. The Service is not available on certain mobile phone service provider platforms. Use of other aspects of the Service requires access to the Internet and the Website through which your Service is configured, customized and controlled.
5.5 Content: We are not responsible in any manner for, and do not guarantee the suitability, availability or non-infringement of, any Content or Submissions by other Members, or links to other content or services that may be distributed as Content or otherwise on or through the Website. The Content contains information and material provided by our third party partners and the Submissions contain material provided by other Members. We undertake no responsibility to monitor or otherwise police the Submissions or Content. You agree that we shall have no obligations and incur no liabilities to any party in connection with any material appearing within the Submissions, Content, Services and/or Updates. We do not represent or warrant that the Content and/or Submissions posted on the Website and/or sent to you via text message, as applicable, is/are accurate, complete or appropriate. You understand and agree that we are not responsible or liable in any manner whatsoever for your inability to use the Service and/or Surveys, Updates and/or Sweepstakes, or for any dispute between you and other Members or other third parties.
6.1 License Grant: As a visitor to the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website (and its associated Content), and as a Member, the Service and the Content in accordance with the Member Terms. We may terminate this license at any time for any reason, whatsoever. You may use the Website, Service and/or Content for your own personal, non-commercial use. No part of the Website, Service and/or Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Service, Content or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Website, Service, Content except as expressly permitted by us. We reserve any rights not explicitly granted in the Member Terms. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, Service and/or Content. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. As a Website visitor, your license is provided solely for access to the Website in order to obtain information about the Service and/or Content and to register for a Membership. Website visitors are not authorized to access any content and/or data available to Members.
6.2 Proprietary Rights: The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website, Service and/or Content are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website, Service and/or Content are strictly prohibited. You do not acquire ownership rights to any content, document, software, services and/or other materials downloaded, previewed and/or viewed at or through the Website, Service and/or Content. Our posting of information and/or material at the Website, Service and/or Content does not constitute a waiver of any right in such information and/or materials.
6.3 Privacy Policy: The Member Terms incorporates by reference the terms and conditions of our Privacy Policy to which the use of the Website, Service and/or Content is subject. We reserve the right, and you authorize us, to use and assign all information regarding your use of the Website, Service and/or Content and any and all other personal information provided by you in any manner consistent with our Privacy Policy. To view our Privacy Policy, click here.
6.4 Indemnification: You agree to indemnify and hold us, our parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of the Website, Service, Sweepstakes, Submissions or Content; (ii) your breach of the Member Terms; (iii) your violation of any rights including, but not limited to, intellectual property rights, of another Member, individual and/or entity; (iv) your violation of the CAN-SPAM Act of 2003, as well as any state and/or federal laws, rules or regulations prohibiting transmission of unsolicited email; and/or (v) any deceptive, threatening, libelous, obscene, harassing or offensive material contained in any of your email communications or other Submissions.
6.5 Disclaimer: THE WEBSITE, SERVICE, DAILY GAMES, LOYALTY POINT SYSTEM, REWARDS, SWEEPSTAKES, SUBMISSIONS AND CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (i) THE WEBSITE, SERVICE, DAILY GAMES, LOYALTY POINT SYSTEM, GIFTS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE, SERVICE, DAILY GAMES, LOYALTY POINT SYSTEM, GIFTS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICE, SURVEYS, LOYALTY POINT SYSTEM, GIFTS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, SERVICE, SURVEYS, LOYALTY POINT SYSTEM, GIFTS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE ASSUME NO RESPONSIBILITY FOR THE DELETION OF, OR FAILURE TO STORE, EMAIL MESSAGES AND ANY OTHER PERSONALIZATION SETTINGS IN RELATION TO THE WEBSITE, SERVICE, SURVEYS, LOYALTY POINT SYSTEM, GIFTS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE WEBSITE, SERVICE, SURVEYS, LOYALTY POINT SYSTEM, GIFTS, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE MEMBER TERMS. THE WEBSITE, SERVICE AND/OR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE.
6.6 Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YOUR SOLE REMEDY UNDER THE MEMBER TERMS IS THE CANCELLATION OF YOUR MEMBERSHIP. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE SERVICE AND CONTENT IN THE SINGLE MONTH PRIOR TO THE DATE THAT THE CAUSE OF ACTION AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 6.6. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND YOU ACKNOWLDGE THAT THE WEBSITE, THE SERVICE AND/OR THE CONTENT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO OTHER COMPANY WITH WHICH WE HAVE AN AFFILIATE OR PARTNERING RELATIONSHIP INCLUDING, BUT NOT LIMITED TO, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, MERCHANT RELATIONSHIP, OR SUPPLIER RELATIONSHIP (EACH A "TVTXTR AFFILIATE"), SHALL BE LIABLE TO YOU FOR NON-PERFORMANCE OF OUR OBLIGATIONS HEREUNDER. YOU AGREE NOT TO SUE ANY TVTXTR AFFILIATE FOR OUR NON-PERFORMANCE.
6.7 Disputes: The Website and Service are hosted in the U.S Any dispute hereunder shall be governed by the laws of the State of New York, without regard to conflict of law provisions. Should a dispute arise concerning the terms and conditions of the Member Terms or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against TVTxtrl and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that TVTxtr incurs in seeking such relief. The Member Terms do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.
6.8 General Provisions: The Member Terms constitutes the entire agreement between the parties regarding the use of the Service and the Website and supersedes all prior or contemporaneous communications between the user and us with respect to the Website and the Service. Notwithstanding the foregoing, to the extent there is a conflict between the applicable Sweepstakes rules and other provisions of the Member Terms, the applicable Sweepstakes rules shall govern as to the terms associated with the Sweepstakes. Our failure to exercise or enforce any right or provision of the Member Terms shall not operate as a waiver of such right or provision. The section titles in the Member Terms are for convenience only and have no legal or contractual effect. If any provision of the Member Terms is deemed unlawful, void or unenforceable, the remaining provisions of the Member Terms will remain in full force and effect. Any aspect of the Service is void where prohibited by law. Any obligation of the parties relating to limitations on liability and indemnification shall survive termination or expiration of the Member Terms. Each party acknowledges and agrees that it has had the opportunity to seek the advice of independent legal counsel and has read and understood all of the terms and conditions of the Member Terms. The Member Terms shall not be construed against either party by reason of their drafting.
A printed version of the Member Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Member Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Questions: Please contact us at: dond@TVTxtr.com with any questions regarding the Member Terms.