Textamerica Terms and Conditions

Use of the Textamerica.com website shall be at the sole and absolute discretion of Textamerica LLC. Textamerica.com expressly reserves the right to remove any images, including those which it believes in its sole and absolute discretion are inappropriate, offensive, damaging, inflammatory, or otherwise objectionable.
Textamerica.com reserves the right to cancel any person's registration and to remove any materials related to such member without notice or cause.
By use of this website, you agree to release and hold harmless Textamerica.com, Textamerica LLC, their legal representatives, advertisers, sponsors and each of their respective parents, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss or damage of any kind arising from or in connection with your use of this website and/or the images and/or text contained herein.
Textamerica.com does not guarantee or warrant the quality, content, or continued availability for viewing or downloading of any images and/or text posted on this website. Textamerica.com is not responsible for any loss of data and/or files resulting from suspension or deletion of data and/or files, network or system outages, file corruption or for any other reason, nor is it required to return any data.
The images and text displayed on Textamerica.com do not necessarily represent and should not be considered as the views of Textamerica.com or Textamerica LLC.
Textamerica.com does not permit the posting of (a) images containing nudity, including unclothed children regardless of age, (b) images containing pornographic, sexual or obscene material, (c) images containing offensive or racist material, (d) images not owned by the uploader, (e) images taken in dressing rooms, hospitals, medical facilities, homes or other private locations where the subject(s) of the image does not appear to know the image is being recorded, (f) images containing copyrighted material not owned by the uploader, such as images taken of movies, concerts, works of art, etc., (g) images of driver's licenses, credit cards, or other personal financial information, (h) images depicting, promoting and/or inciting violence, (i) images depicting, promoting or providing instruction regarding illegal activities, (j) images depicting, promoting or inciting cruelty to animals, and (k) images infringing on another's right of publicity.
Textamerica.com does not permit the posting of images which are taken without the consent of the subjects thereof and which, because of the circumstances surrounding recording of the image, may be considered an invasion of privacy according to the laws of the United States and/or the jurisdiction in which the image was recorded.
If an image of you appears on Textamerica.com which you believe invades your rights of privacy or you believe that your material or that of another person has been copied without authority, Textamerica.com encourages you to contact us using the link provided on our homepage. To allow us to consider such claims, please provide your full name, complete identification of the material complained of, any information known to you regarding the circumstances surrounding the recording/copying of the image, an explanation of why you feel the image is an invasion of your privacy or has been copied without authority, and a means for us to contact you. Textamerica.com will make a reasonable effort to consider your claim and provide a response or remove the questionable image within five business days of receiving your communication. Information you provide during this process may be shared with the member posting the material complained of and/or in any legal proceedings.
Images which Textamerica.com believes have been recorded in violation of a person's rights of privacy or uploaded in violation of copyright laws shall be removed from the website.
Textamerica.com does not permit the posting of comments which may be considered obscene, defamatory, offensive, racist, threatening, or otherwise inappropriate. Textamerica.com also does not permit the posting of personal financial or other identifying information, such as bank account numbers, credit card information, social security numbers, phone numbers, etc.
Textamerica.com does not permit the posting of comments which are not or appear not to be the creation of the commenter.
By posting images and/or text on Textamerica.com, you agree to abide by the terms and conditions set forth herein and agree to indemnify and hold harmless Textamerica.com and Textamerica LLC for any and all damages or liability sustained as a result of your failure to comply.
In order to register you must enter all of the requested information, including an accurate and viable e-mail address. All website registrants will receive e-mail confirming their registration with Textamerica.com. Textamerica.com also uses e-mails to inform registrants of new membership benefits and features, to advise registrants of urgent problems on its website and from time to time to present special opportunities at the Textamerica.com website.
Textamerica.com may use, sell and/or share with its affiliates any information provided by you on this website, including your name, e-mail address, usage patterns, and uploaded images and text.
Any attempt by any individual to damage, destroy, tamper with or vandalize this website is a violation of criminal and civil law and Textamerica.com will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law.
Although Textamerica.com does not and cannot police all of the images and comments on this site, images and comments which Textamerica.com in its sole and absolute discretion believes may have been uploaded in violation of these Terms and Conditions shall be removed from the website.
Textamerica.com and any images and comments on this website are intended for personal use only and may not be used except by Textamerica.com for commercial purposes.
Textamerica.com expressly disclaims any warranty, express or implied, including the warranty of merchantability, warranty of fitness for a particular purpose, and the warranty of noninfringement.
You agree that Textamerica.com and Textamerica LLC shall have no liability for special, economic, non-economic, incidental, direct, indirect, or consequential damages of any kind in connection with your use of this website or service, whether or not such damages are foreseeable.
This agreement and your use of the Textamerica.com website shall be governed by the laws of the State of California, United States of America, and you hereby agree to the exclusive jurisdiction of the federal and state courts of the State of California, County of San Diego for resolution of any disputes arising from or related in any way to your use of Textamerica.com and/or the images and/or content contained herein.
By ordering any paid moblog service you agree and understand that you will be charged automatically on a monthly or annually reoccurring basis at least the rate advertised for your selected services at the time of purchase. You also agree to pay for excess bandwidth and storage if you use that which is over and above the levels permitted for said account at the time of purchase. TextAmerica.com reserves the right to increase the rates being charged to you for paid moblog services, including excess bandwidth and storage, upon 30 days notice to the e-mail account on file with TextAmerica.com.
To cancel or downgrade your subscrition you must notify TextAmerica.com no less than 7 days before your renewal and/or the date that recurring payment is due, or you will be billed for the next billing period. No refunds will be granted on usage for current billing periods.
Upgrades to existing paid moblog services may be made at anytime. In the event of upgrade, any increase in charges will be prorated for the time remaining on your current subscription and immediately charged to your credit card. Future periodic billings will be at the upgraded rate.
Upgrades to existing paid moblog services may be made at anytime you charges will be prorated and your credit card will be charged immediately for time remaning until your next billing date at which time you will be billed on a recurring basis at the new higher rate.
If your credit card is declined for any reason, your moblog account including all files in that account are subject to suspension and or deletion.
The Terms and Conditions set forth on this website are the complete, integrated agreement between you, Textamerica.com and TextAmerica LLC and may not be modified without the express written agreement of Textamerica LLC.