Vhortext® - Terms of use


Welcome to Vhortext

Welcome and thank you for choosing to use VhortextMessanger!

1. Your Acceptance

Your use of VhortextMessanger App and Software (“VhortextMessanger”) are subject to these Terms of Use, and you must read and agree to these Terms of Use before you can use VhortextMessanger. If you are unable to read what is stated via this Term of Use agreement, then you either have it read to you in your language by a translator or use may choose not to use VhortextMessanger. This Privacy Policy applies if you are using VhortextMessanger from anywhere outside of or inside the United States.By using VhortextMessanger, you’re agreeing and/or acknowledging that you understand what is stated via Vhortext Term of Use and to be bound by these Terms of Use. If you do not agree to any of the following Terms of Use, please do not download or use Vhortext Messenger. If you are using VhortextMessanger on behalf of an organization (such as your employer), you are agreeing to these Terms for that organization, and are indicating that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization.

2. You should be of Legal Age to Use Vhortext Messanger

You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are at least 13 years old as Vhortext Messanger is not intended for children under 13. If you are under 13 years of age, you are not permitted to use Vhortext Messanger.

3. Information and Responsibilities

You are responsible for your use of VhortextMessanger, and for any use of Vhortext Messanger made while using your device. You agree not to access, copy, or otherwise use Vhortext Messanger, including it’s Content and Marks, except as authorized by these Terms of Use or as otherwise authorized in writing by Owner(s) of Vhortext Messenger. If you enter personal information in connection with your use of Vhortext Messanger, you agree only to enter accurate personal information about you. You also agree not to use Vhortext Messanger to:
• Violate any law or regulation;
• Violate or infringe other people's intellectual property, privacy, or other rights;
• Transmit anything that is illegal, abusive, harassing, racist, hateful, or otherwise objectionable in our opinion;
• Transmit images that are sexually explicit, pornographic, obscene, or otherwise objectionable in our opinion;
• Violateour other published policies;
• Violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and/or mobile device manufacturer;
• Make any unauthorized advertising or commercial communications, such as spam;
• Transmit any malicious or unsolicited software;
• Stalk, harass, or harm another individual;
• Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
• Violate any requirements, procedures, policies or regulations of networks connected to Vhortext Messanger; or to interfere with or disrupt Vhortext Messanger services.

You further represent and warrant that you are not located in a country that has been designated by the U.S. Government as a ”terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

4. Your Content is Your Own

By using VhortextMessanger, you provide us with text, graphics, images and other information. We consider this to be your content not ours, therefore you retain full ownership such content. You are also solely responsible for your content. You indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5. Vhortext Messanger

These Terms of Use apply to all users of the VhortextMessanger. Information provided by our users through the use of VhortextMessanger services may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using VhortextMessanger, you expressly acknowledge and agree that we shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

6. Accessing Vhortext Messanger

You agree that while using Vhortext Messanger you will comply with this Terms of Use. You also understand that you are granted permission to use Vhortext Messanger under the following conditions that you:

• use of the VhortextMessanger solely for your personal use;
• do not resell or charge others for use of or access to VhortextMessanger;
• do attempt to or participate in the process of duplicating, transferring, giving access to, copy or distribute any part of the VhortextMessanger via any other medium without prior written consentby an authorized representative of Vhortext Messenger;
• donot attempt to reverse engineer, alter or modify any part of VhortextMessanger;
• willcomply with the terms and conditions of these Terms of Use and Copyright Agreement.

• You understand and agree not to engage in any activity that utilize tools that are meant to explore or harm, gain access to, penetrate, monitor, or test the site, network equipment, server, assets hosted on Vhortext domain. You agree not to collect or harvest any personally identifiable information, including phone number, from VhortextMessanger, nor to use the communication systems provided by VhortextMessanger for any commercial solicitation or spam purposes. VhortextMessanger is not for commercial purposes; therefore you acknowledge and agree not to spam or solicit user in that regards.

• In order to access and use the features of VhortextMessanger, you agree to provide us with your country, language, phone number, age, and gender. You must provide accurate and complete information when providing your mobile country, language, phone number, age, and gender. You hereby give your express consent to us to access your contact list and/or address book for mobile phone numbers in order to provide and use VhortextMessanger. Please note that you are responsible for any messages that you display, post, or submit for your mobile phone number while using VhortextMessanger services. If for any reason you suspect there to be any breach of security or unauthorized access or use of your mobile number, you must notify us. However, we will not and cannot be liable for any losses by any unauthorized use of your account.

7. Intellectual Property Rights

All intellectual property rights in or to Owner(s) of Vhortext Messanger, including any future updates, upgrades and new versions, will continue to belong to us and our licensors. The design of the VhortextMessanger along with Vhortext created text, graphic, scripts, interactive features and the like, and the trademarks, service marks and logos contained therein (“Mark”), are owned by and licensed to Owner(s) of VhortextMessanger, subject to copyright and other intellectual property rights under the US and foreign laws and international conventions. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding VhortextMessanger are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you. VhortextMessanger are provided to you AS IS for your information and personal use only. We reserves all rights not expressly granted in and to Vhortext Messanger. You agree to not engage in the use, copying, or distribution of any of Vhortext Messanger other than expressly permitted herein, including any use, copying, or distribution of Status Postings of third parties obtained through the Service for any commercial purposes.

8. Your Status Postings


• Status Postings may be hosted, shared, and/or published as part of VhortextMessanger services, and may be visible to other users in your Vhortext contact list thatyou have not expressly blocked. Please note that your location data and photos or files that you send directly to other Vhortext users will only be viewable by those Vhortext user(s) or group(s) you directly send such information. However, please be aware that Status Postings may be viewed by Vhortext users that have your mobile phone number on their smartphone. The only way to prevent this is to 1) don’t share a Status Postings you do not intend for other to see and 2) you will need to block user who you do not want to see your status updates posted by you. Thus, you acknowledge and agree that any Status Postings may be globally viewed by users that have your mobile phone number and you retain your ownership rights in your Status Postings.Wecannot and do not guarantee any confidentiality with respect to any submissions.

• User submitted postings do not necessarily represent our views or opinions because we are only acting as a repository of data. Therefore, user submitted postings do not necessarily represent our views or opinions, and we makes no claims or guarantees as to the validity, accuracy, or legality of any Status Postings that are published, shared, or posted by it’s users.

• With regards to yourStatus Postings, you retain all of your ownership rights in your Status Postings, assuming you own or have the necessary licenses, rights, consents, and permissions to such Status Postings. However, by submitting the Status Postings to Vhortext Messenger, you hereby grant Vhortext Messenger a worldwide, non-exclusive and transferable license to reproduce, distribute, display, and perform the Status Postings in connection withservices VhortextMessanger provides. You also hereby grant each subscriber to your status on VhortextMessanger a non-exclusive license to access your Status Postings through VhortextMessanger. The foregoing license granted by you will be terminated once you remove or delete a Status Posting fromVhortextMessanger.

• With regards to your Status Postings, you further agree to the following restrictions:

o Not to submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights unless you are the owner or have been granted permission to do so;

o Not to publish falsehoods or misrepresentations that could damage Vhortext Messenger or any third party representative or non-representative of Vhorext;

o Not to misrepresent or impersonate another person;

o Not to submit material that is racially or ethically offensive, obscene, unlawful, defamatory, libelous, threatening, harassing, hateful, or encourages conduct or acts of violence, give rise to civil liability or disobedience, or is otherwise inappropriate;

o Not to submit or post advertisements or solicitations of business;

o Not to make any attempts to interfere with or disrupt the integrity, function, stability, or performance of VhortextMessenger or the data contained therein;

o Not to send or store material containing software viruses, worms, Trojan horses or other harmful, files, computer code, scripts, agents or programs;

o Not tomake any attempts to gain unauthorized access to the VhortextMessanger or any of it’s related systems or networks.

• We cannot and will not be responsible for the accuracy, usefulness, or intellectual property rights of or relating to Status Postings. Status Postings are not our responsibility. You may be exposed to Status Postings that are bias, false, offensive, objectionable, inaccurate, or just offensive, and you in full agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.

• Any and all adult related content must be identified as such. Neither us nor any of our affiliate companies endorse, support, or will be held responsible or any adult related content. We expressly disclaim any and all liability in connection with any and all related adult content. Wereserve the right to decide whether content or a Status Submission is appropriate and complies with these Terms of Service. We may terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

• We reserve the right to discontinue any aspect of Vhortext Messenger at any time.

9. Disclaimer of Warranties and Limitations on Our Liability


WE TRY TO KEEP VHORTEXT UP, BUG-FREE, AND SAFE, BUT YOU USE VHORTEXT AT YOUR OWN RISK. VHORTEXT MMESSENGER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF VHORTEXT MRSSENGER SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO VHORTEXT (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

VHORTEXT MESSANGER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO SERVICES PROVIDED BY VHORTEXT MESSENGER OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY VHORTEXT MESSENGER, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT VHORTEXT MESSANGER WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT VHORTEXT MESSENGER WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT VHORTEXT MESSENGER WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH VHORTEXT MESSENGER SERVICES, OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO OR FROM VHORTEXT MESSENGER. WE WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF VHOREXT MESSENGER; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM VHORTEXT MESSENGER; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH VHORTEXT BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH VHORTEXT MESSENGER SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH VHORTEXTMESSENGER OR ANY LINKED WEBSITE. WE WILL NOT BE A PARTY TO OR BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF VHORTEXT MESSENGER IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH VHORTEXT MESSANGER WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, AND OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE USE OF VHORTEXT MESSANGER.

We warrant to you that we will provide VhortextMessanger using reasonable care, skill, and/or ability.

10. LIABILITY FOR VHORTEXT MESSENGER


YOU AGREE THAT YOUR USE OF VHORTEXT MESSENGER SHALL BE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:
• IN CONNECTION WITH THESE TERMS FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF VHORTEXT MESSANGER; (VI) YOUR USE OF VHORTEXT MESSANGERIN BREACH OF THESE TERMS; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY;
• FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES;
• FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.

Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, or limited:
• Any liability for fraud;
• Any liability for death or personal injury;
• Any liability for gross negligence or willful misconduct;
• Any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.

YOU AGREE THAT YOU (AND YOUR COMPANY, IF YOU ARE USING VHORTEXT MESSANGER ON BEHALF OF SUCH COMPANY) INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF VHORTEXT MESSANGER; OR (II) YOUR BREACH OF THESE TERMS.

11. Indemnity


You agree to indemnify and hold us, our officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Vhortext Messanger. This includes, but is not limited to all obligations, liabilities, claims, damages, losses, expensesarising, and debt or cost from:
 Your access and/or use ofVhortextMessanger;
 Your knowing or unknowing violation of any term of these Terms of Use;
 Your violation of any third party right, including, but not limited to copyright, property, or privacy right;
 Any claim that one of your Status Postings caused damage to a another user or third party.

12. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

13. General

These Terms of Use shall be governed by the internal substantive laws of the State of Florida. Any claim or dispute between you and us that arises in whole or in part from VhortextMessenger shall be decided exclusively by a court of competent jurisdiction located in Orange County, Florida. These Terms of Use, together with the Privacy Policy and Copyright Agreement can be found at HTTP://WWW.VHORTEXT.COM/PRIVACY-POLICY, and HTTP://WWW.VHORTEXT.COM/COPYRIGHT,along with any other legal notices published by US. We reserve the right to amend or modify these Terms of Use at any time, and it is your responsibility to review these Terms of Use for any changes. Your continued use of Vhortext Messenger following any amendment of these Terms of Use will signify your agreement to and acceptance of its revised terms.