Welcome to Text Television.  Your use of our website, applications, information, communications, files, text, graphics, software, and miscellaneous files (collectively, the ÒServiceÓ), and other services that we may from time to time provide, are governed by these terms and conditions of use (the "Agreement").  By using the Service, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse our Service) or you are a "Subscriber" (which means that you have become a registered member with our service).  The term "User" refers to a Visitor or a Member.  We may periodically change these terms and conditions without prior notice to you.  In the event we do so, we will post the changes on this page and the date of the changes at the bottom of this page.  Your continued use of our Service following such changes signifies your acceptance of any changed terms.  If you do not agree to such changes, please cease using our Service.

BY ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.  IF YOU BREACH ANY OF THESE TERMS AND CONDITIONS, YOUR AUTHORIZATION TO USE THIS SERVICE AUTOMATICALLY TERMINATES.  YOU MAY PRINT THESE PAGES FOR YOUR RECORDS.

 

  1. You Are Responsible. You agree to be solely responsible for all use of our Service and the Service (including, without limitation, participation in free and paid services) through your account.
  2. Term and Termination.
    1. Term. This Agreement will remain in full force and effect while you use our Service.
    2. Termination or Suspension of Accounts. We reserve the right to block access to our Service or suspend your access for any reason whatsoever at any time with or without notice to you. Your obligations under this Agreement shall survive any such suspension or termination. In the event your access is terminated or suspended, we reserve the right to declare as void any transactions placed by you.
  3. Site Use.
    1. Service May Change or End. We reserve the right, in our sole discretion, at any time and without notice to you, to add, alter or discontinue any aspect of the Service.
    2. No Commercial Use or Exploitation. We offer the use of our Service solely for your personal use. Any commercial use of our Service, including, but not limited to, commercial activities and/or sales such as advertising, and pyramid schemes is strictly forbidden. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Service.  Illegal and/or unauthorized use of the Service, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to our Service is prohibited.  Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges.  Appropriate legal action will be taken for any illegal or unauthorized use of the Service.
    3. Circumvention. You acknowledge and agree that you shall not circumvent or attempt to circumvent any of these terms and conditions, any rules or guidelines offered through the Service or otherwise interrupt or attempt to interrupt the operations of our Service or any particular Site service or contest (collectively, a "Circumvention Act"). If we determine, in our sole discretion, that you have engaged, or attempted to engage, in any Circumvention Act, then, in such an event, we reserve the right to institute civil or criminal proceedings against you and to report you to the relevant regulatory authorities.
    4. Service Conduct. The Service is intended for the Users' personal enjoyment. You agree and acknowledge that our Service is public and not a place for private communications.  You shall use our Service for lawful purposes only, and shall not post inaccurate, abusive, defamatory, obscene material or any material in violation of an existing copyright. On occasion, our Service may be hosted or moderated by a third party. Any statement, action, or opinion that a third party host or moderator expresses shall be his or her own and does not represent our views or opinions. You agree that we shall be neither responsible nor liable for any statement, action, or opinion made by you or any third party as a result of using our Service.

      We do not claim ownership of any content you post to our Service.  However, you hereby grant us a non-exclusive, world-wide, royalty-free, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your content and to incorporate content in other works in any form, media, or technology now known or later developed.
    5. Content Submission Guidelines. Please choose carefully the information you submit to us and that you provide to other Users.  Your profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Users (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please contact us at info@textflows.com .
    6. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Service.  We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting the offender to law enforcement, removing the offending communication from the Service, and terminating the membership of such violators.  Prohibited Content includes, but is not limited to Content that, in our sole discretion is:
      1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      2. harasses or advocates harassment of another person;
      3. exploits people in a sexual or violent manner;
      4. contains nudity, violence, or offensive subject matter;
      5. solicits personal information from anyone under 18;
      6. provides any telephone numbers, street addresses, URLs or email addresses;
      7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
      8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
      9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
      10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
      11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
      12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
      13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
      14. includes a photograph of another person that you have posted without that person's consent;
      15. contains criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
      16. includes advertising to, or solicitation of, any User to buy or sell any products or services through the Service. You may not transmit any chain letters, pyramid schemes or junk email to other Users. It is also a violation of these rules to use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which we deem appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to us, but that the amount of such harm would be extremely difficult to ascertain.  As a reasonable estimation of such harm, you agree to pay us $50 for each such unsolicited email or other unsolicited communication you send through the Service;
      17. covers or obscures the banner advertisements on your personal profile page, or any page via HTML/CSS or any other means;
      18. intentionally violates any other applicable law or regulation while accessing and using the Service;
      19. contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer;
      20. interferes with, disrupts, or creates an undue burden on the Service or the networks or services connected to the Service;
      21. includes any material that you do not have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
      22. involves impersonating any person, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
      23. involves using any account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
      24. involves selling or otherwise transferring your profile; or
      25. using the Service in a manner inconsistent with any and all applicable laws and regulations.
    7. Spamming. You will not engage in advertising to, or solicitation of, other Users to buy or sell any products or services through the Service. Further, you will not transmit "junk mail", "chain letters", or unsolicited mass mailing or conduct any form of "spamming" using the Service. Although we cannot monitor the conduct of its Users off our Service, it is also a violation of this Agreement to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the number of emails which an account holder, User or Member may send to others in any 24-hour period to a number which Text Television deems appropriate in its sole discretion. If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to: info@textflows.com. Please refer responsibly!
    8. Computer Errors. If you become aware that any software related to our Service or the Service contains any error or is incomplete, please notify us by e-mail at info@textflows.com. You agree to refrain from taking any advantage whatsoever of any such error or incompleteness and we reserve the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery.
  4. Third Party Web Sites. The Site and Service may contain links to third-party web sites which are not under our control. Such links are provided solely as a convenience to you, and the presence of such a link does not imply an endorsement of any kind by us. You acknowledge and agree that we are not responsible for the content or your use of any linked site, and that your use of any linked site is entirely at your own risk.
  5. Intellectual Property. Our Service, along with any associated software, and all Intellectual Property Rights (as defined below) related thereto, are exclusive property that belong to us and our licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible through our Service. Use of the content or materials for any purpose not expressly permitted by this Agreement is strictly prohibited. Subject to the terms and conditions hereof and provided that you have paid all amounts owed to us, if applicable, you are hereby granted a limited, non-exclusive, personal license to use the Service, solely for the purposes of participating in promotions on your own behalf.  For the purposes of this Agreement, Intellectual Property Rights means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other Jurisdiction, relating to our Service or the Service, or any contents or materials related thereto.  All comments, feedback, suggestions, ideas and other submissions (ÒIdeasÓ) disclosed, submitted or offered by you to us in connection with your use of our Service shall be deemed to be our exclusive property.  You agree that unless otherwise prohibited by law we may use, sell exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
  6. Copyrights, Trademarks and Service Marks of Third Parties. Our Service and all materials on this Service including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Materials") are or may be protected under United States and worldwide copyrights which are owned or licensed, in whole or in part, by us. Materials may not be manipulated, edited, reproduced, performed, republished, uploaded to or downloaded from, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from this Service or any other web site owned or operated by us without our prior written consent, which may be withheld in our sole discretion. Any manipulation of our Service or any portion thereof, or use of any of the Materials for any other purpose constitutes an infringement of our Intellectual Property Rights, or of the Intellectual Property Rights of the respective owners of such Materials. Any use of any portion of this Service on any other web site or other networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. You represent you are the sole author and proprietor of any information or ideas that you submit to us, and that no information or ideas submitted by you has been registered for copyright protection in any jurisdiction or has been previously published in any form. If you know or become aware that any information or ideas on our Service submitted by any other User infringes the Intellectual Property Rights of a third party, you agree to promptly give us notice of such infringement.
  7. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act. The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Service in a way that may constitute copyright infringement, you may provide notice of your claim to Provider's Designated Agent listed below. For your notice to be effective, it must include the following information:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. A description of the copyrighted work that you claim has been infringed upon;
    3. A description of where the material that you claim is infringing is located on this Service ;
    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
    5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. 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. Provider's Designated Agent is: 

      Dennis Downey 
      Text Television, Inc.
      311 Main Street, Rear
      Falmouth, MA  02540
      info@textflows.com 


      The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Service. All other inquires to the Designated Agent will not be answered.

 

  1. No Warranty.
    1. THE SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICE MATERIALS INCLUDED IN OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE AND THE MATERIALS IS AT YOUR OWN RISK. THE SERVICE AND THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TEXT TELEVISION, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE AND MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
    2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR OUR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  2. Limitation of Liability. IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TEXT TELEVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
  3. Sole Remedy. IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SITE, THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT AND TO RECEIVE A REFUND UP TO THE AMOUNT YOU PAID TO TEXT TELEVISION DURING THE THIRTY (30) DAYS PRIOR TO SUCH TERMINATION.
  4. Indemnification. You agree to defend, indemnify and hold harmless us and our subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) your use of our Service, including any data or work transmitted or received by you or any service provider; (b) any other party's access and use of our Service utilizing your account ; (c) your connection to any TEXT TELEVISION service; (d) your violation of this Agreement; (e) your violation of any regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider.
  5. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Service, this Agreement, or our Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
  6. Miscellaneous.
    1. Assignment. You agree that this agreement and all incorporated agreements may be assigned by us, in whole or in part, in our sole discretion, to a third party.
    2. No Waiver.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Our failure to enforce in one or more instances any of these terms or conditions shall not be construed as a waiver of the future performance of any term or condition.
    3. Entire Agreement. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to our Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to our Service.
    4. Severability. If any part of this Agreement is held invalid or unenforceable, that part shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
    5. Notices. Except as expressly stated otherwise, any notices to us shall be made by registered mail to Text Television, Inc., Attention: Legal Department, 311 Main Street, Rear, Falmouth, MA, 02540. Notices to you may be made to the e-mail address you provide to us during the registration process or by postal mail (including registered mail) to the address you provide to us during the registration process. Notices sent to you shall be deemed given twenty-four hours after e-mail is sent and three (3) days after the date of mailing.
    6. Governing Law; Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of Delaware, excluding its conflicts of law rules. Unless we seek injunctive relief for your violation of the terms hereof, you expressly agree that any claim or action arising out of or relating to this Agreement, the challenges and fantasy sports contests or your use of our Service shall be resolved exclusively in accordance with the dispute resolution terms set forth in Section 14(h).
    7. Section Headings. The sections titled in the Agreement and Privacy Policy are for convenience only and have no legal or contractual effect.
    8. Dispute Resolution. We agree that any dispute between you and us will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum ("NAF") and conducted under its rules, except as otherwise provided below. We will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute between you and us. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held at a reasonable location in Boston, Massachusetts. If you prevail in the arbitration of any dispute with us, we will reimburse you for any fees you paid to NAF in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, you would have a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this Section 17(h), the term "dispute" means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, the Service, (ii) the related order for, purchase, delivery, receipt or use of any product or service from us, or iii) any other dispute arising out of or relating to the relationship between you and us. For the purposes of this Section 17(h) the term "we" or ÒusÓ means Text Television , Inc, its subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by is; and the term "you" means you, or those in privity with you, such as family members or beneficiaries.  Information may be obtained from the NAF on line at www.arb-forum.com, by calling 800-474-2371, or writing to P.O. Box 50191, Minneapolis, MN, 55405.

By accessing our Service you represent that you have read this Agreement in its entirety, understand its terms and conditions, are duly authorized to execute this Agreement on behalf of yourself, and you agree to be bound by the terms and conditions of this Agreement.

Date Last Modified: December 15, 2009