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Term Of Service

TEXTBREAK TERMS OF SERVICE

By using and/or visiting the textbreak website (http://www.textbreak.com, hereinafter referred to as simply “textbreak” or the “Site”), you agree to these Terms of Service. These terms of service constitute a legal agreement between textbreak ("textbreak") and you. By interacting, viewing, browsing or in any way using the textbreak website, you are bound by these terms.

textbreak may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions as evidenced by any continued use of the website beyond checking for an update on these Terms of Service. If you do not agree with any changes and abide by this Agreement, you may not use the Website.

An updated version of these Terms of Service are available at the following URL: ttp://textbreak.com/index.php?oper=term



  1. Description of Service.

    textbreak is a website that makes available to its viewers content generated by third-parties. Third-parties can be any number of entities, including, but not limited to: bots, computers, humans, agencies, corporate entities, and any other end-user submitting content to textbreak. While this content is typically the exchange of used textbooks, textbreak is not limited exclusively to that content and may allow other types of content to be “listed” on its site.

    Among other things, textbreak provides a platform for exchanging goods, primarily physical text books to be exchanged at a mutually agreed upon location to be determined by two mutual parties. textbreak is primarily designed to be a medium for communication. textbreak’s dynamic and collaborative service enables users (visitors and registered members are collectively referred to as "users") to access a host of functionality, including but not limited to various types of media submitted by users (collectively, "User Submissions").

    This Agreement sets forth the legally binding terms for your use of the Website. By agreeing to these Terms of Service, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the textbreak Website) or you are a "Member" (which means that you have registered with textbreak). You are only authorized to use textbreak’s Services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it.

  2. Use.

    Use of and membership in the textbreak Website is void where prohibited.

    Illegal and/or unauthorized use of the textbreak services, including but not limited to, collecting usernames and/or e-mail addresses of members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the textbreak Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may result in termination of membership privileges.

    These Terms of Service apply to all users. textbreak may contain links to third party websites or provide content from third party websites that are not owned or controlled by textbreak. textbreak has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using textbreak, you expressly relieve textbreak and its affiliates, employees, agents, investors, and owners from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave textbreak and to read the terms and conditions and privacy policy of each other website that you visit.

  3. Ability to Accept Terms of Service.

    You affirm that you are at least 18 years of age, or the applicable age of majority in the jurisdiction where you reside and from which you access textbreak, because textbreak is prohibited for those not meeting this requirement. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, or under the age of majority in the jurisdiction where you reside or from which you access this Website, then you do not have permission to use textbreak.

  4. User Conduct.

    The textbreak website allows users to collaborate, exchange thoughts and otherwise converse with one another for the primary purpose of exchanging goods, as such, common sense and due diligence must be exercised by both parties to ensure a safe exchange. textbreak can suggest, but cannot be held liable for any wrongdoing on behalf of any user. Some examples that textbreak provides its users are, do not: (1) meet any person(s) from the textbreak website in a secluded area; (2) devulge personal information such as a last name or street address; and/or (3) provide credit card information to any user, including textbreak staff.

    You agree that you shall not, and shall not permit others to use your account to do any of the following: (a) upload, post, transmit, or otherwise make available any User Submission that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including without limitation any personal information except with written consent of the owner of such personal information), hateful, or racially, ethnically, or otherwise objectionable; (b) impersonate any person or entity, including without limitation any textbreak personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions transmitted through textbreak; (d) upload, post, or transmit unsolicited commercial email or “spam” or engage in any practice that is in any way connected with “spam”; (e) upload, post, or otherwise transmit any User Submission that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment; (f) damage, interfere with, or disrupt textbreak or textbreak networks; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside, including without limitation any laws or regulations relating to securities, privacy, and export control; (h) “stalk” or otherwise harass another user online or offline; (i) engage in, promote, or provide instructional information about, or provide video User Submissions depicting illegal activities, promote or depict physical harm or injury against any group or individual; (j) use the Website in any way that exposes textbreak to criminal or civil liability (k) promote, offer for sale, or sell any item, good, or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to promote, offer, or sell, including all necessary licenses and authorizations, or (iii) textbreak determines, in its sole discretion, is inappropriate for sale through textbreak; (l) use textbreak as a forwarding service to another website; or (m) exceed the scope of the service that you have signed up for.

    textbreak shall determine in its sole discretion what action, if any, shall be taken in the event of any discovered or reported violation of the above-mentioned terms.

    You are responsible for maintaining the confidentiality of your password and login ID to the textbreak website, and are fully responsible for all activities that occur under your password and ID combination. textbreak reserves the right to hold you fully responsible for all activities that occur under your password and ID. Further, you agree to (a) immediately notify textbreak of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. textbreak cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. Further, you agree not to use the account, username, or password of another textbreak user.

  5. Content.

    With the exception of all User Submissions, the content on textbreak, including without limitation, any text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to textbreak, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. textbreak reserves all rights not expressly granted in and to the website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

  6. User Submissions.

    The Website permits the submission of User Submissions and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, textbreak does not guarantee any confidentiality with respect to any submissions.

    You acknowledge and agree that textbreak and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, to remove, or to block access to any User Submission that is available via the website or other textbreak network products or services at any time, for any reason, or for no reason at all, with or without notice.

    You expressly acknowledge and agree that textbreak may preserve User Submissions and may also disclose User Submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any User Submissions violates the rights of third-parties or any law, regulation, or ordinance; or (d) protect the rights, property, or personal safety of textbreak, its users, or the public. You acknowledge and agree that the technical processing and transmission of the website, including your User Submissions, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by textbreak with regard to its users may be disclosed in accordance with textbreak Privacy Policy.

    You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years; (ii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize textbreak to use all patent, trademark, trade secret, copyright, moral rights, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the website and these Terms of Service.

    You understand that when using textbreak, you will be exposed to User Submissions from a variety of sources, and that textbreak is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against textbreak with respect thereto, and agree to indemnify and hold textbreak, its owners, and operators, affiliates, and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of textbreak.

  7. Inappropriate User Submissions.

    textbreak assumes no responsibility for monitoring the textbreak User Submissions for inappropriate content or conduct. If at any time textbreak chooses, in its sole discretion, to monitor the textbreak Services, however, textbreak assumes no responsibility for the content, nor any obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. textbreak may review and delete any User Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the textbreak website (collectively "Inappropriate User Submissions"). You are solely responsible for the User Submissions that you make visible on textbreak or any other material or information that you transmit or share with other users or unrelated third-parties via textbreak.

    textbreak does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. textbreak does not permit copyright infringing activities and infringement of intellectual property rights on textbreak, and textbreak will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. textbreak reserves the right to remove Content and User Submissions without prior notice. textbreak also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscenity, defamatory material, or excessive length. textbreak may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

    YOU SHALL NOT USE THE SITE AND SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO, OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

    textbreak provides the website (or “platform” as it may be called) as a service to its users. textbreak does not necessarily monitor, supervise, or control content posted or stored on its servers, nor does it control or supervise the content of pages that are accessed via third party links. You are responsible for complying with all applicable federal and state laws, including, without limitation, copyright laws.

  8. Equipment and Software.

    You agree to provide, at your own expense, Internet access, compatible software, and compatible equipment to access and use textbreak. You may need to download certain software to use enhanced features and/or the website. You may need to obtain updates or upgrades from time to time in order to continue using textbreak. TEXTBREAK MAKES NO WARRANTY THAT ANY PARTICULAR COMPUTER, PORTABLE DEVICE, OR OTHER RECORDING DEVICE WILL BE COMPATIBLE WITH THE SOFTWARE AND SERVICE PROVIDED TO YOU, THAT ANY DEVICE USING THE SOFTWARE AND SERVICE WILL FUNCTION, OR THAT THE WEBSITE WILL WORK ON THE EQUIPMENT AND SOFTWARE USED BY YOU.

  9. Representations and Warranties.

    You represent and warrant that all of the information provided by you to textbreak to participate in the Website is accurate and current; and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

  10. Termination.

    textbreak reserves the right to terminate your access to and/or use of the website and remove and discard any Content and User Submissions at any time for any reason, including without limitation any failure to comply with any part of these Terms of Service. textbreak also reserves the right to discontinue providing all or part of the website. textbreak reserves the right, in its sole discretion, to change or discontinue the website and Content at any time, with or without notice. You agree that any termination of your access to or use of the website and any discontinuation by textbreak in providing the may be effected without notice to you and that textbreak shall be under no obligation to retain any User Submissions, messages, comments, notes, memoranda, etc., or provide any further access to any User Submissions or return any User Submissions to you. You agree that textbreak shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation of the Website.

  11. Warranty Disclaimer/Limitation of Liability.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT TEXTBREAK SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, TEXTBREAK, ITS OWNER(S), OFFICER(S), DIRECTOR(S), EMPLOYEES, INVESTOR(S), AND AGENT(S) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TEXTBREAK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.

    IN NO EVENT SHALL TEXTBREAK, ITS OWNER(S), OFFICER(S), DIRECTOR(S), EMPLOYEES, INVESTOR(S), AND/OR AGENT(S), BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (VI) ANY CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE TEXTBREAK SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    TEXTBREAK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TEXTBREAK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OR EXCHANGE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE AS REFERENCED ABOVE IN SECTION 4, USER CONDUCT.

    YOU SPECIFICALLY ACKNOWLEDGE THAT TEXTBREAK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    textbreak makes no representations that the Website is appropriate or available for use in locations outside of the United States of America. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  12. Indemnification.

    You agree to defend, indemnify, and hold harmless textbreak, its members, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

  13. Venue & Arbitration

    The Terms of Service constitute the entire agreement between you and textbreak and govern your use of the service, superceding any prior agreements between you and textbreak or any individual claiming to be a representative of textbreak. Any dispute or difference arising out of these Terms of Service or in connection with textbreak shall be resolved by the appointment of an arbitrator to be determined by textbreak in the State of Illinois. As a final consideration: the failure of textbreak to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction (or the aforementioned arbitrator) to be invalid, other provisions of the Terms of Service continue to remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the Terms of Service must be submitted to textbreak in writing within one (1) year after such claim or cause of action arose or be forever barred.

  14. Email Address

    The textbreak emailing address may change, please check these Terms of Service prior to emailing. The textbreak emailing address is as follows:

    info@textbreak.com




textbreak, Inc.