General/Introduction

When you create an account on SextyText.com (the “Site”) you agree to all of the terms and conditions of this User Agreement (the “Agreement”). This Agreement constitutes the entire agreement between us and you with respect to your use of SextyText.com (the “Platform”). You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Platform. Please read the following terms and conditions carefully, as they form the agreement between us and any of our successors or assigns and you, the user, (sometimes referred to herein as “you” or “your”) IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE PLATFORM, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE PLATFORM YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT WE MAY MAKE TO IT FROM TIME TO TIME.

Purpose of Platform

The Platform serves to allow you, as a United States-based user, to obtain contact information for and communicate with non-employee, independent merchant of our Platform who we call "Friends". The Platform operates solely as a social networking platform and any misuse of the information on SextyText.com, such as for prostitution or other illegal purposes, is not permitted. In the event that we believe the Platform is being used by you for any illegal purpose, we reserve the right to terminate your account and/or cooperate with law enforcement, if they force us to. For the avoidance of doubt, the Platform is not a dating or meetup website. The Platform is for entertainment purposes only. By accessing the Platform you acknowledge that you understand the Platform is solely for entertainment communication purposes and is not intended to ever have any user ever meet in person for any reason whatsoever.

How the Platform Works, Friends' Unique Numbers, and Purchase of Tokens

When you create your account with the Platform, you will be required to register your own personal phone number. We use this number for routing messages. Your number will always be anonymized, and we insist you never give out your real number to any Friend. You can purchase access to connect with a Friend for 30 days. When you purchase access we create a new network phone number (a "Number") that anonymizes everyone's real phone numbers, to be used for communication. Only those users who purchase access to a Friend's Number can contact such Friend. You, as a user of the Platform, have the option to purchase "Tokens" (a virtual currency). Tokens may be purchased by you using any of our available payment methods. Tokens can be used to purchase Friend Numbers, or to converse with Friends at the Token rates they set themselves. Each purchase of access to a Friend's Number will, for a period of thirty-one (30) days from the date of purchase, enable you to contact the Friend by the methods permitted by Friend and at the Token levels established by the Friend on the Platform.

Revisions to this Policy and Platform

We reserve the right to revise and amend this Agreement at any time and in any manner. Any time any changes are made to this Agreement, the “Last Updated” date at the top of this page will be updated to the date such changes were made. You agree to regularly review this Agreement to confirm no revisions have been made to it. Should you not agree to any new changes, you must immediately terminate your account (if any) and cease accessing the Platform and SextyText.com. Your right to use the Platform is subject to any limitations, conditions, and restrictions established and enforced by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any or all aspects of the Platform at any time, including the availability of any Platform feature, database, or content. We may also impose limits on certain features and aspects of the Platform or restrict your access to parts or all of the Site or Platform without notice or liability.

Minimum Age Requirement

In order to use SextyText.com, you must be at least eighteen years of age, or the age of majority in your jurisdiction, whichever is higher (the “Age of Majority”). In the event that we believe or are advised that a third party believes you not to be the Age of Majority, we will immediately terminate your account and we may, in our sole discretion, provide all information related to your account and use of the Platform to law enforcement. We may, in certain circumstances, provide users with an opportunity to provide documentation sufficient (in our sole determination) to verify that you are at least the Age of Majority. We are under no obligation and take on no obligation to request or permit you to provide any such documentation at any time.

How Token Amounts are Set

Each Friend individually sets their own Token rates for each form of communication - voice call, SMS and MMS. Each SMS is capped at 160 characters. In the event that any SMS message exceeds 160 characters such SMS will be separated into multiple messages by the Third Party Service, as such term is defined below, in its sole and absolute discretion. In connection with SMS and MMS communications, please note that you will be charged for such messages sent by you to a Friend when such Friend opens such communication, and when a Friend responds to you by either method. During the Purchase Period, the number of Tokens chargeable for each form of communication (i.e., telephone call, SMS and MMS) will remain unchanged. The Token requirements for each form of communication are subject to change to the current Token requirements at the time you re-purchase. After re-purchase, such Token requirements will stay the same throughout the new Purchase Period. If you no longer wish to receive SMS and/or MMS communications from a Friend or you believe the Friend is sending too many such communications, please contact us immediately at support@sextytext.com.

Additional Charges

In addition to the Credit charges in connection with your use of the Platform and/or the Third Party Service, you may incur additional charges for international and/or long distance services as well as charges from a wireless carrier for your use of their MMS and/or SMS systems. You shall be solely responsible for any and all such charges. You may incur Token fines if you are found to be harassing other users.

Guarantee

As long as you retain an active Token balance of over ten (10) Tokens, we provide a no questions asked guarantee that any Friend you text through the Platform will respond. As long as you have an active Token balance of over ten (10) Tokens, if you do not receive a response in what a normal person would consider an acceptable amount of time, just let us know and the Token cost of the message that was not responded to will be returned to your Token balance. If at any point we believe the relevant messages to be party to fraudulent or harassing activity we retain the right to not refund the Tokens until convinced otherwise.

No Responsibility

The Platform is merely a tool which allows Friends to optimize communication with their fan base. Friends are responsible for all information and images appearing in connection with their profile on the Platform. We have no responsibility and do not endeavor to check or verify any information or photographs posted on any Friend's profile or provided to us in connection with establishing such Friend's account. We have no control over any communications which happen through the Number and you specifically release us from any and all claims or liability in connection with any communication between you and any other user of the Site, including a Friend, which takes place through the Number or otherwise not on SextyText.com. The Number, including the ability for Friends and users to communicate, is provided and supported by a third party (the “Third Party Service”) and we cannot ensure the security or privacy of such third party’s service, system or database. Friends and users may share, either through the Platform, the Number or the Third Party Service, links to other sites and resources ("External Links"). We are not responsible for, and shall have no liability to you or anyone else as a result of, the availability of External Links or their contents. We have no control and take no responsibility for any External Links posted, shared or otherwise communicated by the Third Party Service.

You understand that each Friend is an independent merchant who determines which if any SMS and MMS messages to review and/or respond to as well as which telephone calls to answer. We have no control over, and you agree we shall have no liability for, any action or inaction of any Friend. In the event that you purchase access to a Friend's Number but do not receive any response from such Friend, or the Friend terminates their account with the Platform, you understand we are not liable for such actions and/or determination of Friend. We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Platform, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Platform, or any interruption or suspension of the Platform, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Platform during the previous 2 months. We may discontinue or change the Platform or its availability to you at any time, and you may stop using the Platform at any time, please see details on cancellation below.

Information You Share

You are solely responsible for any information you share with any user and/or Friend through the Number, and you specifically acknowledge that all such information should be considered public information. We have no control and take no responsibility for any information you share with any user and/or Friend which is then used, shared, or in any way allegedly or actually misused. In such event, you acknowledge that your dispute will be directly with the user/Friend you believe to be responsible.

Privacy and Use of Information By Us

As more fully set forth in our Privacy Statement, we will not resell your personal information to any third party.

Waiver of Claims

You acknowledge that you cannot bring legal action against the Sexty Inc., SextyText.com, or any of their employees, officers, or agents for any damages of any kind, under any theory, as a consequence of using the Platform, the Number and/or the Third Party Service.

Platform Use Rules

By accessing the Platform you agree that you will not use the Platform nor any information received by you through or from the Platform, the Number and/or the Third Party Service for any illegal purpose or any purpose which would be a violation of this Agreement. You agree that you will not use the Platform or the Third Party Service to communicate or share any text or images which could be considered hateful, sexist, abusive, rude, profane, obscene, harassing or otherwise offensive content nor any content which is terroristic or in furtherance of a terrorist aim/purpose in nature, nor any illegal thing. You further agree that you will not use the Platform or Third Party Service to distribute or otherwise share any chain or junk mail/communications, solicitations for employment/work, or any type of advertising or promotional material. We reserve the right, as we may determine to set maximum amounts of communications on a user-wide basis or on a user-by-user basis. Similarly, we may permit our Friends to set maximum amounts of communications on a user-wide basis or on a user-by-user basis. In addition to our right to terminate a user in the event we believe, in our sole discretion, that a user has breached of any portion of this Agreement, we reserve the right to block certain users, and to allow our Friends to block certain users from contacting specific Friends. Simply put, we will not tolerate any communications with or to our Friends which are not respectful and legal in nature.

Copyright Claims

Because we respect the intellectual property rights of third parties, the Friends each represent and warrant to us with each addition/revision to their profile, including through automated processes, that such Friends own the images and/or information, as applicable, and have all rights to post the images and/or information to the Platform. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Platform’s Designated Copyright Agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and email address; (e) a 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. You may send your Notice of Claimed Infringement to:

Sexty Inc.
3773 Howard Hughes Pkwy
Las Vegas, NV 89169
support@sextytext.com

Notification and Take Down Procedures

Upon receipt of a DMCA compliant notice of infringement, the subject content will be removed from the Platform and a notice will be sent to the person responsible for uploading the subject content (the “Uploader”). The Uploader will then have the opportunity to submit a counter-notification, more fully detailed below, in compliance with the DMCA. Upon receipt of a counter-notification the applicable Uploader will be permitted to reupload the subject content and a copy of the counter-notification will be sent to the original party claiming infringement. We follow the "notification and takedown" procedure described herein. In the event that a non-DMCA compliant notice is received, we reserve the right, in our sole discretion to remove the content and inform the responsible Uploader; further, we reserve the right, but do not undertake the obligation to, communicate with the original complainant any response received from the responsible Uploader. We have and observe a repeat infringer policy and will terminate the account of anyone on the Platform who violates such policy.

DMCA Counter-Notification Procedure

Upon receipt of a DMCA compliant notice of infringement, we will inform the responsible “Uploader” of such claim, including, at our election, providing a copy of the claim of infringement. At that time, if the Uploader believes that the claim of infringement is erroneous or false, and/or that the allegedly infringing content has been wrongly removed in response to such claim, the Uploader shall have the opportunity to submit a counter-notification pursuant to §512(g)(2) and (3) of the DMCA. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations that may cause any claims to be brought against us relating to the reported content. To submit a counter-notification, please provide our designated DMCA agent the following information: a.) A specific description of the material that was removed or disabled pursuant to the Notice. b.) A description of where the material was located within the Site before such material was removed and/or disabled. Please provide the specific URL if possible. c.) A statement reflecting the Recipient's belief that the removal or disabling of the Material was done so erroneously. For convenience, the following format may be used: "I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the Platform provider as a result of mistake or misidentification of the material to be removed or disabled." loss or harm caused by or arising from your breach of any of the warranties and representations contained herein and with respect to any breach of any term of this Agreement. The foregoing may be sent by mail, overnight courier, or fax to our DMCA agent using the following contact information:

Sexty Inc.
3773 Howard Hughes Pkwy
Las Vegas, NV 89169
support@sextytext.com

We reserve the right to modify, alter or add to this policy, including our internal repeat infringer policy.

Proprietary Information

The Platform contains information, which is proprietary to us and/or users of the Platform. We assert full copyright protection in the Platform. Any information posted by us or users of the Platform may be protected whether or not it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. You are hereby granted a license to access and view the Platform contingent upon your full compliance with each term of this Agreement. You agree not to use, publish or otherwise share any of the information or images contained in or on the Platform for any reason. You agree that you will not at any time use any or all of the images and/or information on this Platform for any reason or purpose other than your personal, non-commercial use.

No Account Sharing

Each account created on the Platform must only be for the use of one individual. No user may share, transfer or otherwise make available to any third party such user’s account with anyone else. You are responsible for all usage, activity, purchases and Tokens usage on the Platform and through the Third Party Service. All accounts and Tokens purchased are non-transferable.

Charges

You may purchase Tokens as a limited, personal, revocable, non-transferable, non-sublicenseable license to use said Tokens on the Platform, you have no right or title in or to any such Token. We reserve the right to manage, regulate, control, modify and/or eliminate such Tokens as we may determine in our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Tokens may not be used by you for any “real-world” purpose including, by way of example only, trade or sale. You agree that all purchases of Tokens are “final sale” and no refund will be given in the event either you or we terminate your account. In the event that you make any Tokens purchase and thereafter such purchase is declined, charged back or otherwise returned to you and we believe such action to be based upon fraud, you will be responsible to us for the return of all such moneys and, in the event we determine to institute legal proceedings against you for the return of such moneys, you shall be liable to us for all costs incurred by us in connection with such collection efforts including all fees, costs and attorneys fees.

Export Control

The Platform must not be viewed or used in, or exported or re-exported to, any jurisdiction in which the access, viewing, downloading, or other use of Platform and/or the Third Party Service would or could reasonably constitute a violation of any law, regulation, rule, or custom. The Site and Platform must not be accessed by (i) anyone located in China, Cuba, Iran, Iraq, Libya, Pakistan, Saudi Arabia, and Syria, or any other country under U.S. embargo; or (ii) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The foregoing groups are not exhaustive, and you are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction.

Indemnity

You agree to indemnify Sexty Inc, SextyText.com, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Platform and, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

No Warranties

The Platform is distributed and made available on an "as is" basis. We do not warrant that the Platform will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Platform. Where permitted by law, you acknowledge that the Platform is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Platform is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Platform. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. If you are a California resident, you waive California Civil Code § 1542, which states "A general release does not extend to claims which 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."

Billing Errors

If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within one hundred and twenty (120) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within one hundred and twenty (120) days of its publication.

Binding Agreement

By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.

NO WARRANTIES, LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND THE NUMBER, AS WELL AS THE THIRD PARTY SERVICE, IS AT YOUR SOLE AND EXCLUSIVE RISK. THE PLATFORM AND SITE ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE PLATFORM WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEPHONE AND/OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT THE SITE'S MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF MONEYS YOU HAVE PAID US IN THE PAST 2 MONTHS.

Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

Arbitration

Any disputes arising under or in connection with this Agreement (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have the provisions comply with the law. Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and we hereby waive to the fullest extent permitted by law, any right to bring a claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it. It is the intent of the parties that any dispute between the parties will be considered on an individual claim(s) basis, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.

This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. Any arbitration shall take place in Archuletta County, Colorado, exclusively, unless otherwise agreed to by the parties in a signed writing.

Cancellation By User

You may cancel your membership at any time by emailing us at support@sextytext.com.

Termination by Us

We may, in our sole discretion, without advance notice, terminate or suspend your access to all or part of the Platform at any time, for any reason, including, without limitation, breach of this Agreement or in the event that we determine to cease operating the Platform. Further, at the time of termination, such termination and the reason(s) therefor may be communicated, at our election, to the Third Party Service which may result in your termination from any use of the Third Party Service. You hereby agree that neither we nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Platform. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Platform at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies. You agree that if your account is terminated by us, you will not attempt to re-register as a member without prior written consent from us.

Effect of Termination or Cancellation

In the event that your account is terminated or cancelled for any reason, effective immediately you will no longer have access to the non-public areas of the Platform nor will you be able to utilize any Number or any Tokens. Any Tokens left in your account will be deemed forfeited to us and you will not be compensated for same.