TERMS OF USE | Platetext.com

Effective as of December 3, 2009

IMPORTANT SAFETY NOTICE: IT IS UNSAFE TO OPERATE ELECTRONIC DEVICES WHILE DRIVING A MOTOR VEHICLE. DO NOT USE THIS WEBSITE OR ITS MOBILE MESSAGING SERVICES WHILE YOU ARE DRIVING A MOTOR VEHICLE.

BEFORE USING THIS WEBSITE, PLEASE READ THE FOLLOWING TERMS OF USE. THESE TERMS OF USE GOVERN USE OF THIS WEBSITE AND ITS RELATED SERVICES, AND CONTAIN IMPORTANT INFORMATION REGARDING LEGAL RIGHTS, OBLIGATIONS, LIMITATIONS, REMEDIES AND RESOLUTIONS OF DISPUTES.

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1. CONDITIONS OF USE
PlateText, Incorporated ("we" or "us") provide a communication platform focused on private mobile messaging for its users (“you” or collectively “Users”). By accessing or using this website, its services, content and/or our mobile applications (collectively this “Site”), you agree that you have read, understand and agree to be bound by these Terms of Use (the “Terms of Use”).

These Terms of Use constitute a legally binding contract between you and us.

We may amend the Terms of Use at any time by posting the amended Terms of Use on the Site, but amendments will not apply to events occurring before the effective date of the amendment. you can find the most recent version of the Terms of use at: http://www.platetxt.com/terms-of-use. Any amended Terms of Use shall become effective immediately after posting on this Site. By using this Site after any revision of the Terms of Use, you agree to be bound by such changes.

You also agree to abide by the PlateTXT Code of Conduct (“Code of Conduct”), which contains further information regarding permissible and prohibited conduct of Users. All of the provisions of the Code of Conduct are included in the Terms of Use by this reference. If you object to the Terms of Use or guidelines, or any modification of the Terms of Use or guidelines, your only remedy is to immediately leave the Site and stop all further use of the Site.

2. AGE RESTRICTIONS
Use of this Site is restricted to persons who are 16 years of age or older. If you are under 18 years of age, you warrant and represent that you have the consent of your parent or legal guardian to access and use this Site and that your parent or guardian has read, understands and agrees to be bound by these Terms of Use, both individually and on your behalf.

3. SERVICES AND CONTENT
“Services” mean services that we may facilitate or make available as part of this Site such as text messages, emails, and other communications, message boards, blogs, community services. The Services will result in the posting of Site Content and Member Content.

“Site Content” means all information, communications, documents, text, graphics, videos, images, pictures, designs, applications, software, audio, music, sound, files, and other content of this Site.

“Member Content” means Site Content published on this Site by Members, or transmitted to or shared with other by Members who are accessing or using the Site and the Services.
You agree that we may from time to time, without notice to you and at our sole discretion, modify or terminate the Site, the Services, the Site Content and your Member Content, or any portion thereof.

You further agree that we may publish and otherwise use unclaimed messages fro our marketing purposes. Unclaimed messages are messages sent to a license plate that is not registered with us.

4. MOBILE SERVICES
The Services may include certain services available via your mobile phone, such as (a) the ability to receive and reply to PlateTXT messages via text messaging (Mobile Text), (b) the ability to browse PlateTXT from your mobile phone (Mobile Web), and (c) the ability to access certain PlateTXT features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively, the "Mobile Services").

Except as part of your monthly fees, we do not charge for these Mobile Services, although we reserve the right to charge in the future following prior notice to you. In any event, the rates and fees of your mobile carrier (e.g., Verizon, AT&T, etc.) for messaging, data and other communications will still apply to your use of the Mobile Services and will not involve us.
Downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with some carriers or devices. You are responsible to check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may apply to your use of Mobile Services.

By using the Mobile Services, you agree that we may communicate with you regarding PlateTXT and other entities by SMS, MMS, text message or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your PlateTXT account information to ensure that your messages are not sent to the person who acquires your old number.

5. MEMBERSHIP
You may register to be a member (“Member”) of this Site. There are different classes of membership (“Membership”) available on the Site, and you agree to only utilize the Services provided under the type of Membership for which you are registered as a Member. For example, if you are subscribed to the Teen Safe Driving program, you may utilize the Services offered under that program, but not the Services offered under any other program, except to the extent that such Services are identical.

You also agree to abide by our PlateTXT Membership payment terms (“Payment Terms”), which contain the requirements regarding payments for Memberships. All of the provisions of the Payment Terms are incorporated in the Terms of Use by this reference.

6. ACCOUNT SECURITY
You will have a user name and password. You are solely responsible for maintaining the confidentiality of your password. We recommend you change your password regularly, and do not use a password identifiable to you. We are not responsible or liable for any loss of confidentiality or for any damages arising from your failure to keep your password private. However, you will be responsible for losses incurred by us or any other Users due to someone else using your Membership, account or password.

You agree to promptly report to us any unauthorized use of your Membership, account or password. You may not use anyone else's Membership or account at any time without the permission of the Member or account holder.

Additional information regarding security of personally identifiable information is available in our Privacy Policy.

7. POSTING
“Posting” or “Post” means to upload, input or submit Member Content for publication on the Site, or for transmission to or sharing with one or more other User.

Member Content may be Posted (1) as a Member profile on the Site, which generally provides Users with information regarding the Member; (2) Member Content in a public forum, such as a blog on the Site; (3) a text message, email or other communication to another User utilizing the Services.

Upon termination of a Membership, that Member’s right to Post Member Content shall automatically terminate and we will have the right, but no obligation, to remove all or part of that Member’s Member Content.

All Member Content and Posting shall comply with all requirements of these Terms of Use.

8. LIMITATIONS ON USE AND CONTENT
Regardless of any provision in these Terms of Use to the contrary: (a) we are under no obligation to Post or use any Member Content any Member may provide, and we may remove any Member Content at any time in our sole discretion; (b) we have no responsibility or liability for the use, deletion, corruption or failure to receive, store or transmit any text messages, emails, communications, or other Member Content; and (c) we shall have no responsibility or liability for any disruptions, stoppages, or delays in the operation of the Site.

You agree that we may establish limits concerning use of the Site, including without limitation, the maximum disk space that will be allotted on our servers on behalf of any Member, and the maximum number of times and duration Members may access or use the Site and any of the Services in a given period of time.

9. MEMBER CONTENT
If you Post Member Content, you (a) warrant that you are the owner of such Member Content, or have the right to lawfully use it in the manner utilized in connection with the Site and/or the Services; (b) warrant that such Member Content does not infringe any valid patent, copyright, trademark, trade secret or other intellectual property rights of any third party; (c) agree that we may use your name in connection with such Member Content; and (d) agree that we will not compensate you for use of your Member Content.

By Posting Member Content, you grant us all necessary licenses to use your Member Content in connection with the operation of the Site and our businesses including the nonexclusive, worldwide, perpetual, irrevocable, royalty-free rights to copy, distribute, publicly display, publicly perform, reproduce, edit, translate and reformat your Member Content; to publish your name in connection with your Member Content; and to sublicense such rights to any person necessary in connection with Posting your Member Content.

You may remove your Member Content from the Site at any time.

Member Content is not our property, and we are not responsible for any Posted Member Content. Instead, you are solely responsible for Member Content that you Post. We reserve the right at our discretion and without obligation, to monitor Member Content.

YOU AGREE THAT WE ACT AS A PASSIVE CONDUIT FOR POSTING OF MEMBER CONTENT, AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MEMBER CONTENT POSTED ON THE SITE BY YOU OR ANY THIRD PARTY. YOU FURTHER AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL MEMBER CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT OF YOUR RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

10. SITE CONTENT
Except Member Content, all right, title and interest (including all copyrights, trademarks, patent rights, and other intellectual property rights) to all Site Content belong to us or our licensors. We do not, however, own the copyright or trademark rights in certain information contained in this Site, such as marks and images that may be presented in third party advertisements on the Site. In each case, the copyright and trademark rights are owned by their respective owners.

No Site Content may be used, reproduced, republished, downloaded, copied, modified, posted, performed, distributed or sold in any form or by any means, in whole or in part, or be used to create any derivative works, except that the foregoing does not apply to your own Member Content.

Except for your own Member Content, you shall not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate information into any other database or compilation. Additionally, you shall not perform or use any data mining, robots, scraping or similar data gathering or extraction methods relating to the Site.

Any use of the Site or the Site Content other than as specifically authorized in these Terms of Use is strictly prohibited.

11. THIRD PARTY CONTENT
This Site may contain, or you may receive through the Site or the Services, links to other web sites, information, and other content that are independent of this Site (collectively, “Third Party Content”). By clicking on a link to, or otherwise accessing Third Party Content, you are leaving this Site to access such Third Party Content. You acknowledge and agree that Third Party Content is not under our control. We make no representation, warranty or endorsement as to the accuracy, value, integrity, completeness, appropriateness or authenticity of the information or opinions contained in any Third Party Content.

Third Party Content may contain offensive and objectionable content or dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any content contained in Third Party Content or for any damage sustained by you as a result of Third Party Content.

Some Members and Third Party Content may advertise and/or present offers to loan, borrow, sell or buy products and/or services on the Site or by using the Services. We are not involved in or responsible for any such offers or transactions and we are not acting as your agent or any other party's agent. If you choose to participate in any such offers or transactions, you are solely responsible for all risks.

12. DEALINGS WITH OTHER USERS
Our Site permits communications through use of motor vehicle license plates. We do not disclose your name, telephone number, email address or other personally identifiable information. You agree that if you choose to disclose your personally identifiable information, you do so at your own risk.

We make no representation or warranty with respect to any use of all or any part of the Site, the Services or any Member Content. You agree the Posting of Member Content is at your own risk. Any dealings with Users or other parties are solely between you and such third persons and are at your own risk.

WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY USE OR MISUSE OF ANY MEMBER CONTENT BY ANY USER, MEMBER OR OTHER THIRD PARTY. WE SHALL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY MEMBER CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANY USE OF THE SITE OR THE SERVICES, OR ANY MEMBER CONTENT POSTED ON OR THROUGH THE SITE OR THE SERVICES, OR TRANSMITTED TO ANY USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.

13. NO REPRESENTATIONS OR WARRANTIES
We assume no responsibility for the accuracy, adequacy, quality, completeness, reliability, usefulness, merchantability, use or value of any Member Content or Third Party Content. We do not undertake to monitor or control the Member Content, although we reserve the right to do so. We do not endorse, and are we responsible for, the opinions, advice, valuations or information of third parties expressed on this Site or in any Site Content, Member Content, or Third Party Content.

If you choose to rely upon any opinions or information contained in this Site or in any Member Content or Third Party Content when making business, financial, personal or other decisions, you do so at your own risk.

You agree that we are not responsible for loss of emails, text messages, communications, Postings, data or information as a result of, or arising out of, our administration of the Site or the Services.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SITE OR THE SERVICES FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE SITE AND THE SERVICES ARE PROVIDED "AS IS," AND WITHOUT WARRANTY OF CONDITION, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

14. RESTRICTIONS

You agree not to:

a. use the Site or the Services in any manner while you are driving a motor vehicle;

b. register the license plate of a vehicle of which you are not the legal or registered owner;

c. Post any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law or these Terms of Use;

d. Post any spam, chain letters, pyramid schemes, surveys, contests, or mass distributions;

e. Post any defamatory, false, inappropriate, disorderly or excessive messages or information;

f. Post any material that infringes any third party's copyright, trademark, patent, trade secret or other intellectual property right;

g. harass, offend, threaten, embarrass, stalk, distress or invade the privacy of any person;

h. provide false information on your registration form or information requests, create a false identity, or impersonate another person at any time;

i. upload files that contain any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar programs;

j. link to or include any web site or other item for which you do not have rights;

k. perform meta-searches of the Site or send automated queries to the Site;

l. solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes;

m. register for more than one User account, or register for a User account on behalf of any other than yourself; or

n. violate any security features of the Site or the Services.

15. CONFIDENTIALITY
Always use caution when giving out any personally identifiable information about yourself, your children and others while using this Site or any of the Services. We cannot guarantee your confidential use of this Site or the Services. We shall not be responsible or liable for any harm that you or any other person may suffer as a result of a breach of confidentiality through your use of this Site or the Services.

See our Privacy Policy for additional information regarding our use and handling of personally identifiable information. The Privacy Policy is incorporated by reference as a part of these Terms of Use. If there is any conflict between the Privacy Policy and the provisions of these Terms of Use, the Terms of Use govern and control collection, use and disclosure of your personally identifiable information.

16. VIOLATION OF TERMS OF USE
If you violate any of these Terms of Use, we may, without prior notice and without liability to us, terminate any Membership you hold, ban you from this Site and any and all Services, and/or and take any other action we deem appropriate.

17. TERMINATION
Regardless of any provision in these Terms of Use to the contrary, we reserve the absolute right, in our sole discretion, to terminate any Member’s Membership, right to Post Member Content, and right to use the Site and the Services (or any portion thereof) at any time, with or without cause and without notice.

If we terminate a Member’s Membership for any reason, we will not be obligated to refund any amount paid by the Member for any Membership, or otherwise incur any obligation or liability to such Member as a result of such termination.

16. COMPENSATION
No compensation will be paid by us with respect to our use of your Member Content.

17. LIMITATION OF LIABILITY
YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY UNAUTHORIZED USE, MISUSE, ACCESS TO, OR ALTERATION OF YOUR MEMBER CONTENT, (B) YOUR TRANSMISSIONS OR DATA, (C) ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR (D) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR THE SERVICES.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR ANY SERVICES, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES.

18. USER DISPUTES
You are solely responsible for your interaction with other Users.

19. COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. We may, at our discretion, remove Member Content and/or terminate Memberships in the event of any infringement or claimed infringement of the intellectual property rights of others.

If you believe that any material on this Site or used in connection with the Services infringes on any copyright, trademark or patent that you own or control, you may notify us by providing our copyright agent the information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512 (DMCA). Generally, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our DMCA agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

By mail: 2173 Salk Avenue, Suite 250, Carlsbad, CA. 92008

By email: DMAC@platetxt.com

By fax: (760) 579-7336

19. INTERNATIONAL USE
We do not represent that all content, materials and services on our Site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing from certain locations may be illegal and prohibited. You will not access this Site or utilize the Services in any location where prohibited by law.

20. GENERAL PROVISIONS
These Terms of Use (a) embody the entire understanding and agreement between you and us pertaining to the subject matter hereof; (b) will inure to the benefit of and be binding upon you, us and our respective successors and permitted assigns; (c) cannot be waived by failure to enforce any provision hereof, except in writing; (e) shall be construed according to the laws of the State of California, USA, without giving effect to its conflict of laws provisions; and (d) shall be construed as severable, so the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provisions of this contract.

21. ARBITRATION
All unresolved controversies or claims relating in any way to these Terms of Use, the Site or the Services, whether in contract, tort, statutory or otherwise, shall be determined exclusively by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. The location of any such arbitration shall be San Diego County, California. You hereby consent to venue and to the jurisdiction of the State of California for this purpose. Any court having jurisdiction over the matter may enter a judgment upon the award of the arbitrator. Service of a petition to confirm the arbitration award may be made by United States Mail, postage prepaid, or by any regularly conducted commercial express mail service, to the attorney for the party or, if not so represented, to the party at the party's last known address.

22. HOW TO CONTACT US
You may contact us by mail at 2173 Salk Avenue, Suite 250, Carlsbad, CA. 92008, or through our contact us page at http://www.platetxt.com/contact.