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Terms and Conditions of messaging software

Introduction

  1. This software is owned and operated by Communigate Limited Communigate (registered in England No 5677164)
  2. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS LAID OUT HERE, THEN PLEASE DO NOT DOWNLOAD OR USE THE SOFTWARE.
  3. The software is currently a BETA-VERSION, meaning it is not fully tested or debugged. It is also subject to change and improvement from time to time that may require users to download new versions in order to continue using the Service. Please be aware that when installing new versions the data held in the programme on your mobile phone, such as contact names or messages, may be lost.
  4. These terms and conditions are subject to change from time to time. At all times the up to date version will be available via our web site at www.Tex2.com

Definitions

The Service means a product called Tex2 which is a programme that is downloaded and installed onto Your mobile phone which allows you to send text based messages to other users and allows You to invite new users to join the Service. Communigate means Communigate Limited, a Company Registered in England Number 5677164. You means the end user of the Tex2 software also used in the form Your where applicable

Use of the Service by you

  1. LICENSE. Subject to the terms of this Agreement, Communigate hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the Tex2 Software on Your mobile phone or PDA for the sole purpose of personally using the communication applications provided by Communigate and any other applications that may be explicitly provided by Communigate.
  2. NOT FOR COMMERCIAL USE. Use for commercial purposes is expressly prohibited.
  3. NO RESPONSIBILITY OF CONTENT. You acknowledge and understand that the content of the communication spread by the use of the Service is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. Communigate will not be liable for any type of communication spread by means of the System.
  4. OFFENSIVE CONTENT. You may not publish, display or transmit via our network and equipment any content that we reasonably believe:
    1. constitutes child pornography or is otherwise obscene, sexually explicit or morally repugnant;
    2. excessively violent, incites violence, threatens violence, or contains harassing or hateful content;
    3. is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
    4. is defamatory or violates a person?s privacy;
    5. creates a risk to a person?s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
    6. improperly exposes trade secrets or other confidential or proprietary information of another person;
    7. clearly infringes another person?s trade or service mark, patent, or other property right;
    8. promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
    9. is discriminatory in any way, including by way of sex, race, or age discrimination
    10. is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us; and
    11. is otherwise malicious, fraudulent, or may to result in retaliation against us by offended viewers.

Payment and Charges

  1. Communigate grants a License to You to use the Beta version of this software free of payments and charges.
  2. Communigate reserves the sole right to introduce charges at a later date for the System
  3. YOUR MOBILE NETWORK will charge You for data transmission. This charge and payment is completely independent of Communigate and does not benefit Communigate.

Disclaimer of Warranty and Limitation of Liability

  1. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS," AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMMUNIGATE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
  2. COMMUNIGATE DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
  3. SAVE FOR THE PROVISIONS OF THE FOLLOWING CLAUSE COMMUNIGATE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  4. COMMUNIGATE?S LIABILITY WILL NOT BE LIMITED IN THE CASE OF DEATH OR PERSONAL INJURY DIRECTLY CAUSED BY COMMUNIGATE?S NEGLIGENCE.

Ownership and Copyright

  1. IP RIGHTS: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the Software, the Documentation, the Website or the Promotional Materials for Tex2 shall remain the property of Communigate. The granting of this License does not in any way transfer such rights.
  2. EXCLUSIVE OWNERSHIP. You acknowledge and agree that any and all IP Rights to or arising from the Tex2 System are and shall remain the exclusive property of Communigate Limited and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws. You acknowledge and understand that all title and IP Rights in and to any third party content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties

Contacting us

  1. In the event of any query or complaint relating to the Service, telephone Communigate Limited immediately on +44 871 208 0069 or e-mail us at enquiries@text2me.com.

Privacy policy

  1. Communigate Limited is committed to respecting your privacy and the confidentiality of your personal data. The information that you provide about yourself to Communigate Limited will only be used in accordance with the Data Protection Act 1998.
  2. You acknowledge that, from time to time, Communigate may, on its own behalf or on behalf of its business partners, send you messages via the System. These messages may include but will not be limited to SERVICE UPDATE ANNOUNCEMENTS and advertising messages from partner companies. You acknowledge that you will be responsible for any data download costs incurred in their acquisition.