Texties » Terms of Use

Effective date: October 14, 2018

PLEASE READ ALL OF THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY AS THEY CONTAIN INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS, EXCLUSIONS, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Acceleron Corp. ("Texties", "we", "us" and/or "our") provides an online content-creation and reading service that allows users to both create and read unique stories. Our services, which include our website(s), products, services and applications, including Texties iOS app(s), Texties Android app(s), Texties Author web application and other applications (the "Services") are accessible at www.texties.lol (the "Site"), our Android and iOS mobile applications (each, an "App"), and various online tools and services. The term "you," "your," or "User" where appropriate, may refer to either Authors or Readers (as defined herein). If you are accessing the Services on behalf of a company, corporation or other entity, then "you," "your," "Author," "Reader," and "User," refer to that entity.

By using, viewing, browsing, accessing or submitting any content or material on the Services, you agree to comply with and be bound by these terms of use and end user license (the "Terms" or "Agreement"), whether or not you become a registered user of the Services. Failure to use the Services in accordance with this Terms and Privacy Policy may subject you to civil and criminal penalties.

1. Acceptance of Terms; Changes to Terms.

Should you NOT accept these Terms, you must neither access nor otherwise use the Services. Texties reserves the right to alter the Agreement at its sole discretion and without prior notice. We therefore suggest that you review the current Terms at the start of each visit to the Services. Use of the Services after posting of amended terms will be governed by those amended terms, and continued use of the Services now or following modifications to this Terms confirms that you have read, accepted, and agree to be bound by such modifications. The then-current Terms will govern any disputes arising before the effective date of the amended terms.


2. Residency and Age.

By accessing and using the Services, you represent, warrant, and affirm that you are at least 18 years of age, an emancipated minor, or have acquired a parent or guardian's consent. If your use of the Services is illegal or otherwise prohibited in the jurisdiction where you are located, you are prohibited from accessing and utilizing the Services. If you are accessing the Services on behalf of a corporation or other entity, you represent and warrant that you are authorized to do so.


3. Overview of Services.

1. Texties Mobile App. As mentioned above, Texties is a mobile application that is intended to be accessed by users ("Readers") to read read creative and engaging stories ("Stories") in narrative format that resembles text or chat conversations. All stories can be read exclusively through the App.
2. Texties Author. Texties also provides a story writing web-application for individuals who want to write Stories for Readers ("Authors"). Texties Author is available and can be accessed by Authors via the Site. From there, Authors may write, edit, and publish chat-based stories for Readers.

4. Privacy Policy.

In addition to the terms contained herein, you agree to the privacy practices and procedures outlined in our privacy policy located at http://www.texties.lol/privacy-polocy.

5. User Registration.

a. Account Sign Up. You may be required to sign up for an account and select a name (your "Texties User ID") to utilize certain features of the Services. Your account can be created through the App. We reserve the right to disallow anyone from registering for the Services.

b. Registration Data. To be a registered user of the Services, you hereby agree to: 1) provide true, accurate and complete information, which includes but is not limited to name, username, password, phone number, and email ("Registration Data") as prompted by any Services registration form; and 2) maintain and promptly update your Registration Data to keep it accurate and complete. Texties reserves the right to suspend or terminate your access to and use of the Services, or any portion thereof, on the basis of inaccurate or incomplete Registration Data. When you register, you authorize Texties and its licensees, affiliates, successors, and assigns to collect, use, store, and disclose Registration Data for purposes consistent with Texties's Privacy Policy.

c. Protecting Login Credentials. You will be required to provide your phone number when completing the registration process, as your user account will be linked to your phone number. You are solely and fully responsible for all activities occurring under your account. You may not share your account information, or allow access to your account, by any third party. You agree to use reasonable efforts to prevent unauthorized access to or use of the Services, and any device that you use to access the Services. To that end, you agree to immediately notify Texties at the contact information provided herein of any unauthorized use of your account or any other breach of security. Texties shall not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account.

6. Subscription Fees and Payments.

a. Subscriptions. Though basic access to the Services is currently free, Texties reserves the right to require payment of fees for certail or all Services. For example, Texties may offer subscriptions to the Services ("Subscriptions"). Texties may also offer Readers the ability to purchase individual Stories. If you choose to enroll in our subscription services to access the paid features of the Services (e.g. unlimited reading), you shall pay all applicable fees, as described on the Site in connection with such Services selected by you. You will not receive full access to the Services until all Subscription fees have been received by Texties. Texties reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Site. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Subscription fees are not refundable in whole or in part, even in the event your account is terminated by you or by Texties. In the event Texties terminates your account (as provided for in this Terms), your access to the Services will terminate immediately. You will be liable for any taxes required to be paid for the Services provided under this Agreement (other than taxes on Texties income).

b. In-App Purchases. All Subscriptions and/or individual Stories are purchased directly through the App using available in-app purchase features (as provided by either the Apple App Store or Google Play Store). If you choose to make an in-app purchase, you will be promted to enter details for your account with the mobile platform you are using (such as Apple or Android) (your "IAP Account"), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Purchases made through your IAP Account will be governed by the terms of the mobile platform you are using. Texties is not responsible for the performance of Apple's or Google's processing of your payment, the security of their site, or their use of any payment information provided by you.

c. Standard Messaging and Data Rates Apply. Your use of the Services is subject to all standard messaging and data rates assessed by your mobile access provider.

d. Auto-Renewal. By purchasing a Subscription, you agree that, once your Subscription expires, your Subscription will automatically renew for successive monthly or annual periods unless you cancel your Subscription as further described below. You authorize your IAP Account to charge you for any renewal subscription. You will be billed for the same subscription plan (or the most similar subscription plan, if your prior subscription plan is no longer available) at the then-current subscription price plus any applicable taxes. Additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted under applicable law. We will notify you of any changes to your Subscription via email. You are solely responsible for ensuring that the email address associated with your account is accurate.

e. Cancellation. You may cancel your Subscription at any time by logging into your IAP Account and following the instructions to cancel your Subscription. In the event you cancel your Subscription, your account will remain active through the end of the then-current Subscription term. For additional assistance, you may visit https://texties.lol/support.

f. Taxes. You will be liable for any taxes (including VAT, if applicable) required to be paid for the Services provided under this Agreement (other than taxes on Texties income).

g. Reservation of Rights. Texties reserves the right to modify its fees and charges and to introduce new charges, upon at least 30 days prior notice to you, which notice may be provided by email. Unless otherwise set forth in the notification, all pricing changes will take effect on the first applicable billing date after the 30 day notice period for your Subscription.

7. User License

License to You. You understand that Texties owns the Services. Subject to this Agreement, Texties policies, and to the extent permitted under all applicable laws and regulations, Texties grants you a limited, non-exclusive, non-transferable, non-sublicenseable and revocable license to access and use the Services solely for your own personal, non-commercial use as an Author or Reader.

License Limitations. This Agreement sets forth various limitations and restrictions on your use of the Services. If you breach these license restrictions or otherwise exceed the scope of the licenses granted in the Terms, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Services.

Applicability to Updates. The terms of the Terms will govern any updates provided to you by Texties that replace and/or supplement the Services, unless such upgrade is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern.

8. Acceptable Use Policy

a. Your Responsibilities. By registering for, accessing and using the Services, you understand and agree that you are responsible for the following:

i. Your compliance with this Agreement;

ii. Taking appropriate security measures to prevent the unauthorized disclosure of your user passwords, login information, or other credentials used to access your account;

iii. The accuracy, quality, integrity, legality, reliability, and appropriateness of the content you submit to the Services;

iv. Complying with applicable state, federal and international laws, regulations, and ordinances with respect to your use of the Services;

v. All activity that occurs under your account; and

vi. Procuring all necessary rights to use any third party software (e.g., web browser), services (e.g., internet access) or equipment that may be needed to use the Se rvices.

b. Restrictions on Use. You further agree not to:

i. Use any content or information (including User Content) available through the Services for any unauthorized purpose, including any use, copying, or distribution of User Content of third parties obtained through the Services for any commercial purposes;

ii. use the Services for any purpose, in violation of local, state, national, or international law;

iii. use the Services to promote any external services or products, including self promotion, without the prior written consent from Texties;

iv. interfere with or damage the Services including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;

v. collect, store, or distribute any information about any other user other than in the course of the permitted use of the Services;

vi. solicit, or attempt to solicit, personal information from other users;

vii. restrict, discourage or inhibit any person from using the Services, disclose personal information about a third person on the Services or obtained from the Services without the consent of such person, or collect information about users;

viii. gain or attempt to gain unauthorized access to the Services, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;

ix. engage in spidering, "screen scraping," "database scraping," harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Services;

x. impersonate any person, company, or entity;

xi. restrict or inhibit any other user from using or enjoying the Services;

xii. intentionally or unintentionally violate any applicable law or regulation;

xiii. Send or otherwise transmit to or through the Services chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;

xiv. modify, sublicense, create derivative works based on, translate, sell, circumvent, reverse engineer, decipher, decompile, or otherwise disassemble or reproduce any portion of the Services or any software used on or for the Services;

xv. access, tamper with, or use non-public areas of the Services, Texties' (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of Texties' providers; or

xvi. assist any third party in doing any of the foregoing.

9. User Content

The Services allow you to post or submit content to or through the Services including, without limitation, Stories, text, messages, files, documents, images, illustrations, or any other information or audiovisual material ("User Content"). You are solely responsible for User Content that you post or submit to or through the Service.

Texties does not monitor or approve content posted or submitted to the Service by any other user; however, we may, in our sole and unfettered discretion, screen, edit, remove, or delete any User Content at any time, for any reason and without notice.

Texties also does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Texties expressly disclaims any and all liability in connection with User Content.

10. Rights in User Content Granted by You.

Unless set forth in a separate contributor agreement between you and Texties for the creation of any specific Stories (a "Contributor Agreement"), you grant the following rights in the User Content. In the event of a conflict between these Terms and an applicable Contributor Agreement, the Contributor Agreement shall control to the extent of such conflict.

By posting or submitting User Content on the Services, you grant and warrant that you have the right to grant (or have obtained all necessary third party permissions to grant) to Texties and its licensees, affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, sublicenseable right and license ("License") to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display, sell and otherwise exploit User Content anywhere in the world, in whole or in part, in any media now known or hereafter developed, in connection with operating and providing the Services to you, for promotional purposes, and for any other commercial purposes.

You also grant all other users of the Services a non-exclusive, irrevocable, worldwide, royalty-free license to access and view User Content for non-commercial, personal purposes as permitted through the functionality of the Services. These rights are limited and non-sublicenseable.

You are solely responsible for all User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate 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. You further represent and warrant that you have obtained all necessary consent and authority from any individual whose likeness appears in any of User Content which you post on or submit to the Services to: 1) post and submit such content on or to the Services; and 2) permit Texties and our licensees, affiliates, and successors to use such content in accordance with the foregoing license.

You hereby waive, represent, and warrant that you have obtained the waiver of any and all moral rights in User Content that you submit or post on or through the Service including, without limitation, rights of attribution or integrity, and any similar rights in any jurisdiction worldwide.

11. Prohibited User Content.

As a condition of accessing and using the Services, you agree not to post or submit User Content that:

a) is unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, indecent, or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation;

b) violates or infringes upon the rights of others (including Texties) including, without limitation, privacy or publicity rights, intellectual property rights including, without limitation, copyright, patent, trade secret, or trademark rights, or other rights, without first obtaining permission from the owner or rights holder;

c) promotes malice or harm of any kind against any group or individual;

d) solicits user passwords, financial information, or personal identification for unlawful purposes;

e) contains a virus, spyware, malware, or harmful software; or

f) constitutes junk mail, unsolicited mass mail, or spam;

g) promotes any external services or products, including self promotion, without the prior written consent from Texties; or

h) promotes the services of a direct competitor of Texties.

The foregoing is only a partial list of the kind of User Content which is prohibited on the Services. Texties reserves the right to investigate and take appropriate action, legal or otherwise, in its sole discretion against anyone who violates this section including, without limitation, removing the offending content from the Services and terminating the violator's Services access.


12. Proprietary Rights.

The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Services (excluding any licenses granted to Texties hereunder by you or third parties) (collectively, "Service Content") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. The Services, Service Content, and the media and materials contained therein, are the sole and exclusive property of Texties and its licensors. Unless expressly authorized in this Agreement or in writing by Texties, you agree not to sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works from any Service Content available on the Services. Reproducing, copying or distributing any Service Content for any other purpose is strictly prohibited without the express prior written permission of Texties. You shall use the Service Content only for purposes that are permitted by this Terms and any applicable laws and regulations. Any rights not expressly granted herein are reserved.

Similarly, the marks, logos, and names of Texties, used on or in connection with the Services may not be used in connection with any product or service that is not under Texties's ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Texties. All other trademarks not owned by Texties (or its affiliates) that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Texties or its affiliates.


13. Take-Down Requests; DMCA.

In submitting or otherwise uploading any User Content to the Services, you may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or proprietary information without obtaining the prior written consent of the owner.  

1. Reporting Infringements. If you believe that your work has been copied and posted on the Services in any way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b. a description of the copyrighted work that you claim has been infringed;

c. a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable Texties to find the alleged infringing material, such as a url);

d. your address, telephone number and email address;

e. a written 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

f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice of claims of copyright infringement should be provided to Texties' Copyright Agent at the following email address: info@texties.lol

Texties will process proper Take-Down Requests in a reasonable amount of time, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.


2. Counter Notice. If you believe that your material that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in question, you may send a counter-notice containing the following information to the Copyright Agent:

a. An electronic or physical signature of the content provider;

b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

c. A statement that the content provider has a good faith belief that the materials was removed or disabled as a result of mistake or a misidentification of the material; and

d. The content provider's name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which the content provider's address is located, or, if the content provider's address is located outside the United States, to any federal court in which Texties is located, and a statement that the content provider will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Texties Copyright Agent, Texties may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Texties' sole discretion.

14. Interactions with Other Service Users.

You are solely responsible for interactions with other Services users. Texties shall not be responsible for any damage or harm resulting from your interactions with other users of the Services or any third party, and you irrevocably release the Texties Parties (as defined below) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes and/or our Services. You understand that, except as specified herein, Texties does not screen users. Texties makes no representations or warranties as to user conduct. Texties reserves the right, without obligation, to: 1) monitor all interactions between users; and 2) take any action in good faith to restrict access to or the availability of any User Content which Texties considers prohibited.

15. Links.

The Services contains links to other internet sites and resources, and you acknowledge and agree that: 1) Texties shall not be responsible for the availability of such external sites or resources; and 2) Texties does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such services or resources. You agree that Texties shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Services or resource.


16. Disclaimer.

The Services, including, but not limited to the Site and the entirety of its contents, is provided "AS IS" and Texties hereby disclaims (except where prohibited by law) all express and implied warranties including, but not limited to, warranties of merchantability, title, non-infringement, and fitness for a particular purpose. Texties expressly disclaims any representation that:


a. the Services will meet your requirements;

b. access to the Services will be uninterrupted, timely, secure, or error-free;

c. any information obtained through or from the Services will be accurate or reliable;

d. the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet expectations;

e. any user-provided information will not be disclosed, in the absence of user-provided approval, to third parties; or

f. any data or software errors will be corrected.

TEXTIES SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE SYSTEM, CABLE SYSTEM, COMPUTER EQUIPMENT, MOBILE DEVICE, SERVER, PROVIDER, OR SOFTWARE. TEXTIES SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE RESULTING FROM USE OF THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, FILE DOWNLOADING, SERVER USE OR ACCESS, OR FOLLOWING SERVICES LINKS. YOU ACCESS THE SERVICES AT YOUR OWN RISK AND ARE SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY. TEXTIES SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICES, REGARDLESS OF THE CAUSE OF SUCH INACCURACY. TEXTIES SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF THE SERVICES. TEXTIES SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT DESTRUCTION, OR ALTERATION OF YOUR COMMUNICATION. NO DATA OR INFORMATION OBTAINED FROM TEXTIES OR THE SERVICES SHALL CREATE ANY WARRANTY.

THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

17. Limits on Liability.

Acceleron Corp., its affiliates, subsidiaries, officers, directors, employees, agents, licensors, successors, or assigns ("Texties Parties") shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise with respect to the service, for any indirect, incidental, special, consequential, or exemplary damages arising from or relating to: 1) the Services' availability; 2) the acts, omissions, or conduct of any user or third party, whether online or offline; 3) any Services or user content; 5) these terms; 6) any goods or services acquired as a result of any information obtained or transactions entered into through the Services; or 7) any use of goods or services made available on any internet resource or webpage linked through the Services, even if the Texties parties have been advised of the possibility of such damages.

the Texties parties' aggregate liability to you in any matter arising from or related to the Services or the Agreement, shall not exceed the sum of either one hundred dollars ($100) or the total fees paid by you to Texties during the six (6) months prior to the time such claim arose, whichever is greater. some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, Texties' liability is limited to the extent permitted by law.


18. Release.

In consideration of being permitted to access and use the Services, you hereby agree to release the Texties Parties from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way related to disputes between you and third parties in connection with the Services or your access and use of the Services, including information obtained through the service and any interactions or solicitations you engage in based on such information. In connection with the foregoing release, you hereby waive California Civil Code 1542 and any other applicable law or statute, which says in substances:

"A general release does not extend to claims the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

19. Indemnification.

You agree to indemnify and hold harmless the Texties Parties from and against any loss, liability, or expense, including reasonable attorneys' fees and expenses and court costs, arising out of or related to: 1) any third party claim against any Texties Party alleging that User Content posted or submitted to the Services infringes any of the third party's rights, including without limitation any copyright, intellectual property, or privacy right; 2) your breach of any provision of this Agreement and/or any representation or warranty identified herein;  3) any claim that your User Content caused damage to a third party; or 4) any cost or expense Texties incurs in enforcing this Section. Texties reserves the right to control the defense and settlement of any action or proceeding against any Texties Party that you are bound to defend pursuant to the foregoing.

20. Termination.

You are free to stop using the Services at any time; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat your information after you have stopped using our Services. Texties, in its sole and unfettered discretion, may also terminate your access to the Services for any reason including, without limitation, your breach of this Agreement. You agree that any termination of your access to the Services may be effected without prior notice, and you agree that: 1) Texties may immediately deactivate or delete any of your accounts and all related information and files in such accounts; and 2) bar any subsequent access to the Services or User Content. You agree that Texties shall not be liable to you for any costs or damages of any kind for or resulting from any termination of your Services access. Texties reserves the right to block users from certain IP addresses from accessing the Services. All provisions of this Terms that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limits on liability, releases, disclaimers of warranties, indemnification obligations, and intellectual property protections and licenses). 


21. Changes; Discontinuance of Services.

We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Though we will try to give you notice of any changes that may affect you, Texties reserves the right to modify or discontinue, temporarily or permanently, any portion of the Services without prior notice. You agree that Texties shall not be liable to you or to any third party for any modification or discontinuance of any portion of the Services.

22. Export Control.

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

23. Miscellaneous.

a. Choice of Law.This Agreement will be governed by and construed under the laws of the United States of America and, to the extent not inconsistent therewith, the laws of the State of Illinois without regard to conflicts-of-laws principles that would require the application of any other law.

b. Arbitration.In the event of any controversy or claim arising out of or relating in any way to these Terms or the Services, you and Texties agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Chicago, Illinois. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Texties are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Chicago, Illinois. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

c. No Joinder.ANY CLAIMS BROUGHT BY YOU OR TEXTIES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.

d. Exclusive Venue.For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only and exclusively in the state and federal courts located in Chicago, Illinois, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use or the Services.

e. Severability.If any provision, or portion of a provision, of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall remain unaffected and shall continue in full force and effect.

f. Separability.This Agreement does not and shall not be construed to create a partnership or joint venture between the parties hereto.

g. Merger.This Agreement is the entire agreement between the parties hereto, and replaces any and all prior negotiations, representations, or agreements between the parties, whether oral, electronic, or written, pertaining to the managerial relationship outlined herein. The parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement. No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof.

Assignment.You may not assign this Terms or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of Texties. Texties may assign this Terms, including all its rights hereunder, without restriction.

Contact Us.Any questions regarding these Terms may be directed to Texties's administrators at info@texties.lol.