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This End User License Agreement ("EULA") is a legal agreement between you and Jamtown Entertainment Inc., doing business as ("DBA") TEX Media ("TEX," "we," "us," or "our") governing your use of the TEX mobile application and any updates, together with related documentation (the "Application"). By downloading, installing, or using the Application, you agree to this EULA. If you do not agree, do not download, install, or use the Application.
This EULA is in addition to our Terms of Service and Privacy Policy, which are incorporated by reference. If there is a conflict between this EULA and the Terms of Service regarding the license to the Application, this EULA controls with respect to that license.
This EULA is concluded between you and TEX only, and not with Apple Inc. or Google LLC (each, an "App Store Provider"). TEX, not the App Store Provider, is solely responsible for the Application and its content. The App Store Provider has no obligation to furnish any maintenance or support services for the Application.
You must be at least 18 years old to download, install, or use the Application. By using the Application, you represent that you are 18 or older.
Subject to your compliance with this EULA, TEX grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Application on any device that you own or control, solely for your personal, non-commercial use, and as permitted by the usage rules of the applicable App Store (the "Usage Rules"). This license is subject to any restrictions in this EULA and the Usage Rules.
You agree not to, and not to permit others to: - copy, modify, or create derivative works of the Application; - reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Application, except to the extent this restriction is prohibited by law; - rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Application; - remove, alter, or obscure any proprietary notices; - use the Application in any way that violates applicable law or the Usage Rules; - use the Application to develop a competing product or service.
The Application allows users to create, post, and share content and to interact with other users. As a condition of using these features, you agree that there is no tolerance for objectionable content or abusive behavior. You agree not to submit content that is illegal, harassing, abusive, threatening, hateful, defamatory, obscene, sexually explicit, or otherwise objectionable.
To support a safe community, the Application provides mechanisms for users to: - flag or report objectionable content and abusive users; - block abusive users.
TEX will review reports of objectionable content and take appropriate action — which may include removing content and ejecting or banning users who provide objectionable content or engage in abusive behavior — generally within 24 hours. TEX reserves the right, but is not obligated, to monitor content and may remove content or terminate access at its discretion.
You are solely responsible for the content you submit and your interactions with other users.
You agree that TEX may collect and use technical data and related information — including information about your device, system, and application software — as described in our Privacy Policy, to provide and improve the Application and related services.
The Application offers optional Emergency Features that share your location and alerts with recipients you designate. These features are best-effort and are NOT a substitute for contacting emergency services directly. They may fail, be delayed, or be unavailable, and depend on factors outside our control. See our Terms of Service for the full disclaimer. You use these features at your own risk.
The Application and all rights in it (excluding your user content) are and remain the property of TEX and its licensors. This EULA grants you no rights in TEX's trademarks, logos, or service marks.
This EULA is effective until terminated. Your rights under it terminate automatically, without notice, if you fail to comply with any of its terms. Upon termination, you must cease all use of the Application and delete all copies. TEX may also terminate or suspend your access at any time consistent with the Terms of Service.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TEX DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In the event of any failure of the Application to conform to any applicable warranty, you may notify the App Store Provider, and, where applicable, the App Store Provider may refund the purchase price (if any) for the Application; to the maximum extent permitted by law, the App Store Provider will have no other warranty obligation with respect to the Application.
TO THE FULLEST EXTENT PERMITTED BY LAW, TEX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE APPLICATION, INCLUDING THE EMERGENCY FEATURES. TEX'S TOTAL LIABILITY IS LIMITED AS SET FORTH IN THE TERMS OF SERVICE.
You acknowledge and agree that the applicable App Store Provider (Apple Inc. or Google LLC), and its subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms of agreement when using the Application.
TEX, not the App Store Provider, is responsible for providing any maintenance and support for the Application, as TEX determines. The App Store Provider has no obligation to furnish maintenance or support.
TEX, not the App Store Provider, is responsible for addressing any claims relating to the Application, including product-liability claims, claims that the Application fails to conform to legal or regulatory requirements, and claims under consumer-protection or similar law, to the extent not attributable to your misuse.
This EULA is governed by the laws of [STATE/JURISDICTION], without regard to conflict-of-laws principles, except that Apple's default terms may require certain provisions for App Store distribution.
Questions about this EULA? Contact us at info@TexMedia.Online.
TEX Media. All rights reserved.