Textify, a service of Salt Shaker Media, LLC
(Last Revised and Effective on February 3, 2021)
PLEASE READ ALL OF THE FOLLOWING CAREFULLY BEFORE USING THIS SITE.
Welcome to Textify, a service of Salt Shaker Media, LLC. Textify is a technology that allows for managing mobile marketing campaigns including mobile messaging capabilities and payment solutions via text that may or may not be associated with concurrently presented media content. This service is designed and marketed only for that particular purpose. Any misuse or misapplication of the Service other than for the use it was designed for, is an unacceptable use. The Textify service is operated by Salt Shaker Media, LLC (collectively, “Textify” or “Service”, “us”, “we” or the “Company”).
- 1.3 The Service is offered and available to users who are 18 years of age or older. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Textify and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Service. You must be years of older or have the permission from a parent/guardian to participate in any Textify service.
- 2.3 Textify solely provides marketing services for participating companies and takes no legal or any other responsibility for services and promotions offered or messages sent to customers.
3. Accessing the Service and Account Security
- 3.2 We reserve the right to terminate or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service.
- 3.5 If you choose, or are provided with, a user name and password, you have an account to use the Service (each an “Account”), and must treat such information as confidential, unless you obtained or created the Account on behalf of a company, in which case you may share the user name and password with other employees and authorized representatives of such company. You agree not to provide any other person with access to your Account or the Service or portions of them using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name, password or Account or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
- (a) Content Provider Account: You may access the Service and your Account in your capacity as a Content Provider with products and/or services that you would like to promote (a “Content Provider”) to (i) create a Profile, (ii) provide information about your services, (iii) post information, (iv) create a public facing webpage that provides details about your Company/Church/organization (a “Content Provider’s Webpage”), (v) use the Service to store preferences and message others on the, (vii) livestream and /or broadcast pre-recorded videos, (vii) provide imbedded links in the video for payment options, and (viii) communicate with others.
- (b) Consumer: You may access the Service in your capacity as a consumer to view content posted by others.
- 3.8 Consumer and Content Provider are aware of and agreed to pay for any other operator fees that may apply for receiving text messages. We do not reverse -bill the recipient of the test messages. Message and data rates may apply.
4. Content Providers.
The terms of this Section 4 apply to any use of the Service as a Content Provider:
4.2 Content Provider acknowledges and understands that:
- (a) there is no obligation on any Consumer to select Content Provider’s offerings or view their uploaded materials,
- (b) there is no obligation on any Consumer or Content Provider to create Content,
- (c) Content Provider, not Textify, is responsible for the creation, uploading, and sharing of Content,
- (d) the Content is created by Content Provider and licensed to Textify,
- (e) Consumers and Content Provider are responsible for compliance with terms and conditions applicable to any websites or other Services on which Content is embedded or otherwise posted,
- (f) Textify and their licensees have the right to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store and transmit the Content,
- (g) Textify has not granted any rights in the Content to Content Provider, and
- (h) Content Provider should contact Textify at firstname.lastname@example.org if Content Provider would like to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise use the Content.
- 4.4 When you post Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Site. By posting Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.
- 4.5 You may remove your Content from the Site at any time. If you choose to remove your Content, the license granted above will automatically expire, however you acknowledge that the Textify may retain archived copies of your Content.
- 4.6 Textify does not assert any ownership over your Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content.
The terms of this Section 5 apply to any use of the Service as a Consumer:
- 5.1 A “Consumer” is any person, entity, party that accesses Textify, other than a Content Provider. A Consumer is usually an individual that accesses the site to view stored or live streamed video.
- 5.2 You understand that the Service and the Site are available for your personal use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
5.3 Consumer acknowledges and understands that:
- (a) Consumer is responsible for compliance with terms and conditions applicable to any websites or other Services on which Content is embedded or otherwise posted;
- (b) a Consumer may not use Textify, the Site, or Services for any other use than the private viewing of videos and materials on the site;
- (c) Any intentional misuse, or attempt to alter the site, videos, or any other part of the site, Service, or service provided by Textify, is strictly prohibited; and
- (d) Access to Textify, Site, or Services for any reason other than the viewing of the posted videos is strictly prohibited.
- 5.5 As a condition of your use of or continued access to this site, you specifically agree not to alter the presentation of, reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate, or commercially exploit the information contained in the website without the express written consent of Textify and/or the owner of third party copyrighted works.
- 5.6 You also agree not to use the information contained in the website for any unlawful purpose or to interfere with or disrupt networks connected to the website. You agree not to use, transfer, distribute, or dispose of any information contained in the website in any manner that could undermine the policies or business of Textify. You agree to notify Textify promptly in writing upon becoming aware of any claim that the website or its content or functionality infringes upon any patent, copyright, trademark, or other intellectual property or contractual rights. The website and the information therein may not be used to construct a database of any kind, nor may the website, or any part thereof, be used, stored or displayed by you or any third party through interfaces, databases, or products other than Textify’s interfaces, databases and products. You will not use any of Textify’s Marks or the website in making unsolicited mailings or sending spam.
6. Intellectual Property Rights
- 6.1 The Service and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Salt Shaker Media, LLC, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- 6.2 You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Service or any of the material on our Service, or cause or permit others to do so.
6.3 You must not:
- (b) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Service, or
- (c) reverse engineer, translate, disassemble, enable disabled features or decompile the Service, or cause or permit others to do so.
- 7.1 The Textify name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Salt Shaker Media, LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Textify. All other names, logos, product and service names, designs and slogans on the Service are the trademarks of their respective owners.
- 7.2 Textify and other Company graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
8. Prohibited Uses
- (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries),
- (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise,
- (d) to impersonate or attempt to impersonate Textify, a Textify employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing),
- (e) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Textify or users of the Service, or expose them to liability,
- (f) to intentionally misuse, or attempt to alter the site, videos, or any other part of the site, Service, or service provided by Textify,
- (g) to gain access to Textify under false pretenses,
- (h) to use Textify for any fraudulent, or any other use other than the specific use Textify was designed for, or
- (i) to access Textify, Site, or Services for any reason other than Textify’s intended purpose, is strictly prohibited.
Additionally, you agree not to:
- (a) use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service,
- (b) use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service,
- (d) use any device, software or routine that interferes with the proper working of the Service,
- (e) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful,
- (f) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service,
- (g) attack the Service via a denial-of-service attack or a distributed denial-of-service attack, or
- (h) otherwise attempt to interfere with the proper working of the Service.
9. User Contributions
- 9.1 The Service may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (herein, “post”) content or materials (collectively, “User Contributions”) on or through the Service. User Contributions include (a) information posted or otherwise provided to Textify, (b) Content, and (c) information posted on a Profile or a Content Provider’s web page.
- 9.3 Posted material on Textify does not create an adoption or endorsement of the comments, statements, opinions or other representations made therein, by Textify, Salt Shaker Media, LLC, or any of its affiliates.
9.4 You represent and warrant that:
- (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, and
- 9.5 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Textify, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
- 9.6 We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Service.
10. Monitoring and Enforcement; Termination & Suspension
10.1 We have the right to:
- (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion including, without limitation, removal of any content or User Contributions that have been identified by you or other users as inappropriate,
- (c) disclose your identity or other information about you to any third party who claims that your User Contributions violate their rights, including their intellectual property rights or their right to privacy,
- (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service, and
- 10.2 Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content or User Contributions on or through the Service. YOU WAIVE AND HOLD HARMLESS TEXTIFY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
- 10.3 Although we reserve the right to review User Contributions, we have no obligation to review any content or User Contributions before they are posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding User Contributions. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- 10.1 We have the right to:
11. Content Standards
11.1 The content standards in this Section 11.1 (the “Content Standards”) apply to any and all User Contributions and use of Services. User Contributions must in their entirety comply with these Content Standards and all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not (as defined by Textify in its sole discretion):
- (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable,
- (b) promote sexually explicit or pornographic material, or violence,
- (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person,
- (e) be likely to deceive any person,
- (f) promote any illegal activity, or advocate, promote or assist any unlawful act,
- (g) promote any activity, information, stance, theology that is not consistent with stated mission and sole purpose of Textify, as noted in our “Welcome!” paragraph above,
- (h) cause unreasonable annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, or alarm any other person,
- (i) impersonate any person, or misrepresent your identity or affiliation with any person or organization, or
- (j) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- 11.2 Textify may, in its sole discretion, determine whether any User Contribution violates the Content Standards.
- 11.3 Textify may, from time to time, allow a user to identify User Contributions of others that they deem objectionable and “flag” such content so that such User Contributions are no longer accessible to such user (though such User Contributions may remain available to other users of the Service).
- 11.1 The content standards in this Section 11.1 (the “Content Standards”) apply to any and all User Contributions and use of Services. User Contributions must in their entirety comply with these Content Standards and all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not (as defined by Textify in its sole discretion):
12. Copyright Infringement
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement that complies with the Digital Millenium Copyright Act. It is the policy of Textify to terminate the user accounts of repeat infringers. A notice may be sent to email@example.com
13. Reliance on Information Posted
- 13.1 The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
- 13.2 The Service may include content provided by third parties, including materials provided by other users, Influencers and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Textify, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Textify. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
14. Changes to the Service
We may update the content or features available on the Service from time to time, without notice or lability. Even so, the content on the Service is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.
15. Information About You and Your Visits to the Service
16. Linking to the Service and Social Media Features
- 16.1 You may link to our Website homepage, provided you do so in a way that is legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, partnership, approval or endorsement on our part
16.2 The Service may provide certain social media features that enable you to:
- (a) link from your own or certain third-party websites to certain content on the Service,
- (b) send e-mails or other communications with certain content, or links to certain content, on the Service, and/or
- (c) cause limited portions of content on the Service to be displayed or appear to be displayed on your own or certain third-party websites.
16.3 You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- (a) establish a link from any website that is not owned by you unless you have permission to do so from the owner of the website,
- (b) cause the Service or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site,
- 16.5 You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
- 16.6 We may disable all or any social media features and any links at any time without notice in our discretion.
17. Links from the Service
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
18. Geographic Restrictions
The owner of the Service is based in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
19. Disclaimer of Warranties
- 19.1 You understand that we cannot and do not guarantee or warrant that content available for downloading from the internet or the Service (including any content or User Contributions) will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Service for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
- 19.2 YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TEXTIFY NOR ANY PERSON ASSOCIATED WITH TEXTIFY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER TEXTIFY NOR ANYONE ASSOCIATED WITH TEXTIFY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- 19.3 TEXTIFY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
- 19.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation on Liability
- 20.1 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TEXTIFY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO TEXTIFY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE.
- 20.3 THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. Governing Law
This Agreement shall be construed in accordance with, and governed by Scripture. The parties agree that any disputes proceeding or arising out of or relating to this Agreement, or the interpretation, performance, or breach of this Agreement, shall be settled according to the biblical teachings of Matthew chapter 18 verses 15-17. Each party irrevocably submits to the jurisdiction of a mutually agreed upon Christian Arbitration organization such as Peacemakers Ministries.
Any dispute under this Agreement not resolved amicably by Content Provider/Consumer and Textify shall be resolved exclusively by a Christian Arbitration organization such as Peacemakers Ministries.
- 23.1 Arbitration shall take place in Bristol, Tennessee, or as may otherwise be agreed upon by the Parties.
- 23.2 The written decision of the arbitrator(s) shall be final and binding upon the Petitioner and Respondent.
- 23.3 With respect to any award in arbitration, the arbitrator(s): (a) shall issue an award in writing which (A) sets forth findings of fact, (B) resolves each specific claim, (C) attaches a reasoned opinion, and (D) is signed by the single arbitrator or by at least two of the three arbitrators, as the case may be; (b) may compel specific performance by the Petitioner or the Respondent of his or its respective obligations under this Agreement or award injunctive relief to restrain any breach of this Agreement by a Petitioner or Respondent, in each instance without the necessity of the Petitioner (A) alleging or proving damages as a result of the breach, or (B) posting any bond; provided, however, seeking or obtaining equitable relief shall not preclude a party to the arbitration from also seeking or obtaining an award for money damages in the arbitration; (c) shall equitably allocate between the Petitioner and Respondent all (A) administrative fees and expenses of the arbitrator(s) and the arbitration, and (B) fees (including reasonable legal fees) and expenses incurred by the prevailing party in the arbitration; or (d) provide arbitration services and ruling articulation in accordance with the arbitration service rules.
- 23.4 Judgment upon an award in arbitration may be entered in any court of competent jurisdiction in the United States.
24. Limitation on Time to File Claims
25. Waiver and Severability
Any agreements between Company and Content Provider, and/or Consumer are governed by the agreement page of the Website, wherein the Content Provider/Consumer provides their payment information and agrees to the Terms therein. The payment agreement is hereby incorporated into this Agreement, as if fully detailed herein. Content Provider/Consumer agrees to pay the sum reflected, and at the intervals noted, in the Terms of Sale/Credit Card payment page.
27. Entire Agreement
28. Your Comments and Concerns
- 28.1 This Service is operated by Salt Shaker Media, LLC, 528 Highway 126, Bristol, TN 37620.
- 28.2 All notices of copyright infringement claims should be sent to the designated copyright agent in the manner and by the means required under applicable law.
- 28.3 All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: firstname.lastname@example.org.