This Terms and Conditions Agreement (the "Agreement") controls your access and use of any of the various services (the "Services") made available to you (the "Member") by MessagePitara.com, a “Messaging Platform” (“we”, “us” or “our”) or through our sites and applications, and any corresponding mobile applications or otherwise (“Site(s)”). ONLY USERS WHO ARE 18 YEARS OF AGE OR OLDER MAY REGISTER FOR THE SITES. By accessing the services and/or completing the registration process for one of our Sites, you represent that you are 18 years of age or older, and can and will be legally bound by this Agreement. By registering for one of our Sites, you represent and warrant that you are not required to register as a sex offender with any government entity. No Member may participate where doing so would be prohibited by any applicable law or regulation.  

Changes to the Terms

MessagePitara.com reserves the right to change or amend this Agreement at any time, for any reason, or for no reason at all, at our sole discretion. The most recent version of this Agreement will be posted on the Site. Although, we shall provide notice of material changes to this Agreement on the Sites, as a Member it is your sole responsibility to keep yourself informed of any such changes or amendments. Should a Member object to any terms and conditions of the Agreement or any subsequent changes to the Agreement or become dissatisfied with the MessagePitara.com in any way, Member's only solution is to immediately discontinue use of the Site.

Description of Services

As a Member, you will be provided with a variety of Services, as described on the Sites. Members may also use certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. MessagePitara.com reserves the right to enhance, change, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at our sole discretion, with or without notice to Members, and with no obligation to Members.

Member Conduct

Use of the Services by you, as a Member, is subject to all applicable local, state, national and international laws and regulations. MessagePitara.com reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor do we guarantee that any monitoring performed will be to the Member's satisfaction. Upon learning of any violation of this Agreement, at our sole discretion, we may terminate your access to and use of the Services, require you to correct such violation, and/or take any other actions deemed appropriate to enforce our rights and pursue all available remedies. Without limitation, we reserve the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:

• Members shall not engage in any harassment, including, but not limited to, attempts of repeated unwanted contact, interfering with a Member's use of site or stalking.
• Members shall not publicly post information that poses or creates a privacy or security risk to themselves or another person.
•  Members shall not post content (mainly but not limited to works of art, Videos or Written material) which is owned by or belongs to another member or non-member without their written permission.
• Members shall not attempt to interfere with any other person's use of the Services.
• Members shall not misrepresent their identity or impersonate any person or entity, including, but not limited to, a Company employee, forum leader, guide or host.
• Members shall not falsely represent that they are sponsored by, endorsed by, or affiliated with a Company website.
• Members shall not use any portion of our Site or Services to post, upload, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation.
• Members shall not use any portion of our Site or the Services to post, upload, email, transmit or otherwise make available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libellous, hateful, or racially, ethnically or otherwise objectionable.
• Members shall not engage in any activity that is clearly offensive or promote or otherwise encourage racism, bigotry, hatred or physical harm of any kind against any group or individual.
• Members shall not use any portion of Sites or Services to post, share, promote, depict, encourage, solicit or exchange Content Harmful to Minors.
• Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
• Members shall not post content that displays pornographic or sexually explicit material of any kind.
• Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
• Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
• Members shall not attempt to gain unauthorized access to our database or other computer systems.
• Members shall not attempt to change, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Sites or Services.
• Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Sites or Services.
• Members shall not collect or store personal data about other Members in connection with the prohibited conduct and activities set forth above.
• Members shall not use any portion of the Sites or the Services for any unlawful purpose.
• Members shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Members.
• Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account.
• Members shall not attempt to sell a user account associated with our Sites.

All decisions concerning the applicability of these guidelines shall be at the sole and exclusive discretion of MessagePitara.com and its designees. We have the right in our sole discretion to pre-screen, refuse or remove any content that is available via the Sites and Services. MessagePiatara.com and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at our discretion. We are not obligated to provide a Member with a warning prior to removal.

Document Retention Schedule

All personal information collected by us in connection with your use of the Sites, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, IP addresses and other data, may be stored indefinitely and will be stored in a safe and secure manner.

Notice Regarding Commercial Email

MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM MessagePitara.com, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.

Member Account and Password

Once Member registers for a Site, Member will have a password and an account with the Site. Member is responsible for keeping the Member's password and account confidential. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify MessagePitara.com of any unauthorized use of Member's account or any other breach of security known to Member.

Mobile applications

MessagePitara.com may offer the Services through a mobile website and/or mobile applications (collectively, the "Mobile Applications"). This Agreement governs all Sites and Services that are accessible on or through the Mobile Applications. If you use the Sites and Services on a mobile device, you agree that information about your use of the Sites and Services through your mobile device and carrier may be communicated to us, including but not limited to the identities of your mobile carrier or your mobile device, or your physical location. Although we provide our Services through the Mobile Websites free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges.

Copyrights, Trademarks, Patents and Intellectual Property Rights

Member acknowledges that messages, files or other materials ("Content") contained on our Sites and within the Site email messages, and third party advertisements on the Sites and distributed via email, of a commercial nature and presented to Member the MessagePitara.com Sites and Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use our Content or third party Content only as expressly authorized by us or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from our or third party Content without expressly being authorized to do so by us or the third party advertiser. Member may make a copy of our Content or third party Content for Member's personal, non-commercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although we do not claim ownership of content that Members may provide to us, however by providing content to us, Members automatically grant, and represent and warrant that they have the right to grant, to us a worldwide, irrevocable, perpetual, non-exclusive, and fully sub licensable, license to use, copy, perform, display, and distribute said content.

We respect copyright law and expect Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. 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 notify us, at: support@messagepitara.com

Please provide the following information:

• Identify the copyrighted work or other intellectual property that you claim has been infringed;
• Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the website;
• 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;
• A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
• Your address, telephone number, and email address; and
• Your physical or electronic signature.

We will forward this information to the alleged infringer. It is our policy to remove such content within reasonable timeframe and terminate the accounts of repeat infringers.

Termination

Either party may terminate use of MessgePitara.com website or the Services with or without cause at any time and effective immediately. We may terminate with or without cause at any time and effective immediately, at our sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. We shall not be liable to Member or any third party for termination of use of our Services. Member's right to use the Site or Services shall cease immediately. Member shall have no right and we will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.

DISCLAIMERS OF WARRANTIES

MEMBER AGREES THAT USE OF THE MessagePitara.com SITES AND SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. OUR SITES AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF OUR SITES AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SITES OR SERVICES ACCESSED THROUGH ANY LINKS ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH OUR SITES OR SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL MessagePitara.com BE LIABLE AS A RESULT OF MEMBER'S USE OR MISUSE OF OUR SITES OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OUR SITES OR SERVICES, FROM INABILITY TO USE OUR SITES OR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF OUR SITES OR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SITES OR SERVICES OR ANY LINKS ON OUR SITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR SITES OR SERVICES OR ANY LINKS ON OUR SITES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

Indemnification

Member agrees to indemnify and hold MessagePitara.com, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement or use of the Services. Member agrees to hold us harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.

Agreement

The Agreement makes up the entire agreement between Member and MessagePitara.com and governs your use of the Site and Services, superseding any prior agreements between Member and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Agreement shall not result in a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail.  

Contacting Us

Users with questions about these Terms of Service and any of the above statements may contact us at support@messagepitara.com

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