What Are Cell Phone Novels?    ||     NEW Cell Phone Novel Movement FB Page!  --  Download the iOS App   --  
Terms Of Use And Privacy

Textnovel.com, LLC and its partner(s) manage the Textnovel.com website and associated websites and apps, including the Emobo app (together. \\\"Textnovel\\\"). Textnovel allows a community of authors and readers using the Internet, cell phones, emails and text messaging to experience a new way to create and read fiction. These are the Textnovel Terms of Use (the "Terms of Use") that govern your use of Textnovel. By using the Textnovel website(s) or apps (the "Site"), you accept these Terms of Use. These Terms of Use apply to all users accessing the Site, are legally binding on you and affect your rights regarding content you post or review. If you add any proprietary material to the Site, the terms applying to writers apply to you. The terms "you" and "your" refer to you, the writer/user. The terms "Textnovel", "we", "us", and "our" refer to Textnovel.com, LLC.

1. Account: To contribute to Textnovel, you must join and create an account ("Account"). By creating an Account, you agree the account information you provide is accurate, current, and complete, and that you will keep it up-to-date. When you create an Account, you can select a pen name or you can use your real name as your pen name. You bear sole responsibility for all use of your Account and for the confidentiality of any passwords you create to access this Site. All activities under your Account are your responsibility, and you agree not to share or transfer your Account in violation of these Terms of Use. Textnovel will not be responsible for any losses that you may incur as a result of someone else using your Account. To contribute to the Site, you must be at least 13 years of age or older. We reserve the right to cancel the Account of members who engage in fraudulent behavior or unacceptable activities, in our sole discretion.

2. Content: Textnovel does not acquire ownership of the content you publish on the Site, unless you win the Textnovel contest (and in that case, only the rights specified in the Contest Rules and in any publication agreement you sign). When you publish content on the Site, you continue to retain all ownership to the content, subject to the fact that you have granted Textnovel a license to display the content on Textnovel by virtue of posting it on Textnovel. If you wish to ask that Textnovel stop displaying the content, you can make it private or delete it. If this does not work, please contact Textnovel.

* You retain all rights to any content you submit to Textnovel, except for whatever rights you grant if you are the winner of the Textnovel Contest, pursuant to the Contest Rules (and you will have the chance to approve the grant of those rights at the time you choose to accept the prize). However, you understand that Textnovel will have the right to display your "public" works to its readers.

* You represent that you are the sole and exclusive creator of any content you submit, or have a valid license or agreement to post the content, and have the authority to grant the foregoing license. You represent that the content you provide to Textnovel does not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information in or connected to Textnovel.

3. Site Usage: When you read or in any other way use content not of your own creation on Textnovel, you agree to the following Site usage requirements:

* You may display the materials contained on the Site on your own personal computer or cell phone and you may copy and download such materials solely for your personal and non-commercial use, provided that all copyright notices on the materials are included in all uses and copies. Except as otherwise authorized in these Terms of Use, you agree not to post any content from the Site to newsgroups, mail lists, electronic bulletin boards, or other forums on third-party websites. In addition, except as otherwise expressly authorized by Textnovel, you agree not to redistribute, sell, publish, broadcast, or create derivative works of any materials downloaded or copied from the Site to anyone. You are allowed and encouraged to link to any content that exists on the Site.

* You agree not to modify, edit, or enhance any Textnovel or third-party content in any way, or to do any other act that would infringe upon the rights of the copyright owner. You agree not to remove or modify any copyright, trademark, or other proprietary notices that have been placed on the materials by Textnovel or the copyright owner.

* You understand and agree that by using the Site, you may be exposed to materials that you find offensive, indecent, or objectionable, and that the content may not be in accordance with the laws of your jurisdiction. You understand and acknowledge Textnovel is not responsible for the information, data, text or other materials that may appear in content submitted by third parties on the Site. Opinions expressed in such content do not reflect the opinions of Textnovel. Textnovel does not review the content prior to posting, and does not endorse or edit such content.

* You understand and agree that neither Textnovel nor any other user makes any warranty as to the value or quality of the content you read. Information posted on Textnovel is intended solely for educational and entertainment purposes. You agree that Textnovel is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content of any other party or any infringement by any other party of another\'s rights, including intellectual property rights.

* Textnovel is designed to allow for members to invite their friends to view and vote on their stories and also to allow members to view and vote on other content. The stories with the most "up" views appear at the top of the home page and of each main genre page. We do our best to construct our system to eliminate any kind of cheating. However, it is impossible for us to eliminate all cheating. Any misconduct by you, including attempts to artificially manipulate the rating of content on Textnovel may result in your immediate exclusion from Textnovel and the cancellation of your Account, at Textnovel\'s sole discretion.

* Textnovel encourages its members to link to Textnovel and your stories directly from your blog, discussion forums, groups, chat rooms, and other websites.

4. Content Submission: The following list outlines the rules for content submission on this Site:

* You represent that the works you submit are works of your own original authorship. If the content is not a work of your own original authorship, you must have explicit written permission from the copyright owner before submitting the content to Textnovel.

* In submitting content, you agree to comply with all laws, statutes and regulations of your jurisdiction, all contracts to which you are a party, and all fiduciary obligations you have.

* You agree to be respectful, not to post or hyperlink to content that contains libelous or unlawful material, racist remarks, vulgarity or obscenity (including partially obscured words) or any form of pornography (including images of humans who are nude or nearly nude and engaged in sexual activity or what could be interpreted as foreplay to sexual activity), or information that may be used to cause harm or injury; harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, or obscene communications; or information that is invasive of another\'s privacy, such as including a person\'s name or recognizable description of a real person in a story, unless you have their permission. You further agree not to use the Site to "stalk" or otherwise harass any person, and not to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

* You may not encourage the sending of "junk mail," "spam," "chain letters," etc., either within the content you post, on the Site or otherwise.

* Textnovel will have no liability, vicarious, contributory, or otherwise, for any infringement of any of your intellectual property rights, regardless of how this occurs or whether it occurs on Textnovel or elsewhere. You acknowledge that we do not control other users\' actions, including but not limited to their use of your content. We will have no liability to you for any user\'s violation of these terms and no responsibility to you to enforce these Terms of Use for your benefit. You further understand and agree that Textnovel is not responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received by you or Textnovel.

5. Indemnity: You agree to indemnify and hold Textnovel, Inc., and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim, damage, expense or demand, including reasonable attorneys\' fees, made by any third party due to or arising out of: (a) materials that you submit, post, or upload to the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms of Use, (e) your violation of any rights of another party, or (f) violations of these Terms of Use or the rights of a third party by your dependents.

6. Intellectual Property: You acknowledge and agree that the materials available on the Site, including art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, the software used in connection with the Site, and any compilations of the foregoing ("Textnovel Content") contain proprietary and confidential information that is the property of Textnovel and its licensors, and is protected by applicable U.S. and international intellectual property and other laws. Third-party content, including Site user-posted content (including graphics, video clips, images, trademarks, trade names, characters), trademarks and copyrights is the property of the third parties that market or license that content, and is used by Textnovel subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or such use is made permissible under other applicable law. Unless expressly authorized in these Terms of Use or otherwise by Textnovel, you agree not to download, display, use, modify, rent, lease, loan, sell, distribute or create derivative works of the Textnovel content in whole or in part, in any publications, in public performances, on websites other than this Site, for any commercial purpose, in connection with products or services that are not those of Textnovel, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Textnovel and/or its licensors, that dilutes the strength of Textnovel\\\\\\\\\\\\\\\'s or its licensor\\\\\\\\\\\\\\\'s property, or that otherwise infringes Textnovel\'s or its licensor\'s intellectual property rights. You further agree to in no other way misuse any content which you do not own that appears on this Site. Except as expressly provided in these Terms of Use, you are not granted any rights or license to any intellectual property with respect to the Textnovel Site or its contents. Textnovel reserves all rights not expressly granted to you under the terms of these Terms of Use and Textnovel retains exclusive ownership of the Textnovel Site, the software used in connection with Textnovel and all intellectual property associated therewith, including the name "Textnovel," the Textnovel logos.

7. Applicable Law: These Terms of Use will be governed by and construed in accordance with the laws of the State of Utah without application of its principles of conflicts of laws. By using this Site, you hereby agree that any and all disputes regarding these Terms of Use will be subject to the exclusive jurisdiction of the federal, state and local courts for Salt Lake City, Utah. If any provision of these Terms of Use is found unlawful, void or unenforceable, that provision is deemed severable from the remaining provisions of the Terms of Use and does not affect the validity and enforceability of any remaining provisions. Different countries have different regulations. Textnovel makes no representations that the materials on this Site are appropriate or legally available for use in locations outside the United States. If you are accessing this Site from jurisdictions where the contents of this Site may be illegal, you are solely responsible for complying with all local laws regarding online conduct and acceptable content. By submitting information to this Site, you understand and agree that by submitting your information you are transferring it from your country and submitting it to Textnovel\'s servers in the United States. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOU EXPLICITLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. 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 SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

8. Modification to Site or Content: If we want to change the Site, our related services and functionalities, fees, payment structures, the terms of these Terms of Use, our selection of content, or the way we present content, we are free to do so at any time without any prior notice. Textnovel is a conduit for content you submit, and as such we have the right but not the obligation to screen or otherwise control any content posted on Textnovel. Textnovel retains the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Site for any reason, including if we believe it is in violation of these Terms of Use. Your continued use of the Site indicates your acceptance of any changes to these Terms of Use.

9. Modification or Cancellation of Your Account: Textnovel has the right to cancel your account (or any part thereof), or to exclude you from the Site, if due to fraudulent or other unacceptable activities, at any time in our sole reasonable discretion, with or without prior notice. If we decide to cancel your account, the cancellation will not affect your remaining responsibilities to Textnovel according to these Terms of Use. If we cancel your account, you may not open a new one under your own or an alternate name/email address.

10. Disclaimer of Warranties: Textnovel makes no representations about the suitability, reliability, availability, timeliness, or lack of viruses or other harmful components of this Site, its content (whether Textnovel or user-submitted content), or its features, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk, and Textnovel makes no warranties regarding any transactions entered into through the Site or any service. Textnovel also makes no representations regarding the amount of time that any content will be preserved. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WHATSOEVER, INCLUDING NEGLIGENCE, SHALL TEXTNOVEL.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS INCLUDES A SPECIFIC WAIVER BY TEXTNOVEL.COM OF ANY LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR TRANSMISSIONS OR CONTENT. DAMAGES AS USED HEREIN INCLUDE WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE TEXTNOVEL.COM OR ANY MATERIALS THAT HAVE BEEN POSTED TO THE SITE, INCLUDING STATEMENTS OR CONTENT OF ANY THIRD PARTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TEXTNOVEL.COM IS NOT RESPONSIBLE FOR LATE, LOST, ILLEGIBLE, MISDIRECTED ENTRIES, AND TEXTNOVEL.COM DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ITS WEBSITES. TEXTNOVEL.COM IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR TELEPHONE LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR TEXT MESSAGE OR ENTRY TO BE RECEIVED BY TEXTNOVEL.COM ON ACCOUNT OF TECHNICAL PROBLEMS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ON ANY CELLULAR SERVICE OR ANY COMBINATION THEREOF. TEXTNOVEL.COM IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CAPTURE OF INFORMATION OR THE FAILURE TO CAPTURE SUCH INFORMATION, WHETHER CAUSED BY WEBSITE USERS, TAMPERING OR HACKING, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST. TEXTNOVEL.COM IS NOT RESPONSIBLE FOR INJURY OR DAMAGE TO PARTICIPANTS\' OR TO ANY OTHER PERSON\'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING IN THIS CONTEST OR DOWNLOADING MATERIALS FROM OR USE OF THE WEBSITE. IN NO EVENT WILL TEXTNOVEL.COM, ITS DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, VENDORS, ADVERTISING AGENCIES AND PROMOTION AGENCIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS CONTEST, ACCESS TO AND USE OF THE WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE.

11. Miscellaneous: These Terms of Use constitutes the entire agreement between you and Textnovel and governs your use of the Site and supersedes all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Textnovel with respect to the Site. The failure of Textnovel to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. This Site may hyperlink to sites not maintained or related to Textnovel. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Textnovel, and Textnovel makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party Site accessible from this Site is subject to the terms of that Site\'s privacy policy, and Textnovel has no control over how your information is collected, used, or otherwise handled. The failure of Textnovel to comply with these Terms of Use because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Textnovel, shall not be deemed a breach of these Terms of Use. The headings in these Terms of Use are for your convenience and reference. These headings do not limit or affect these Terms of Use. These Terms of Use constitutes a binding agreement between you and Textnovel, and is accepted by you upon your use of the Site. By clicking "I agree" you represent that you are capable of entering into a binding agreement, and that you have reviewed these Terms of Use and agree to be bound by its terms.

12. Privacy: Our Privacy Policy is set forth below. The Privacy Policy sets forth the standards for the way we handle your personal information. By using Textnovel, you consent to our collection, use, and disclosure of the information you give to us in accordance with the Privacy Policy. The Privacy Policy may be updated or modified at any time. This Privacy Policy outlines the types of personal information we gather when you use Textnovel\'s services, as well as some of the steps we take to safeguard it. The following principles apply to the personally identifying information we ask for and that you provide. "Personally identifying information" is information that individually identifies you, such as your name, or email address.  Our Privacy Policy is subject in all respects to all the other Terms and Conditions above and in the event of any conflict between those Terms and Conditions and the Privacy Policy, the Terms and Conditions will prevail.
Data collection: Textnovel may collect limited non-personally identifying information your browser makes available whenever you visit a website. This log information may include your Internet Protocol address, browser type, browser language, the date and time of your query and one or more cookies that may uniquely identify your browser. We use this information to operate, develop and improve our services. Some of our services require you to register for an account. Textnovel asks you for some personal information in order to create an account (typically your name, cellphone number, cellphone service provider, email address and a password for your account) and we will use that information to provide the services.
Cookies: A "cookie" is a small file containing a string of characters that is sent to your computer when you visit a website. We use cookies to improve the quality of our service and to better understand how people interact with us. Textnovel does this by storing user preferences in cookies. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Textnovel features or services may not function properly without cookies.
Information sharing: We do not rent or sell your personally identifying information to other companies or individuals, unless we have your consent. We may share such information in any of the following limited circumstances: we have your consent, or we conclude that we are required by law or have a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Textnovel, its users or the public.
Information security: We take standardsecurity measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data but we do not guarantee that these measures are sufficient or adequate, or that hackers will not be able to overcome them and access your information.  Because of this, we advise you to use a non-sensitive password (one that is not used at other websites or with your email) and not to upload any information to Textnovel, even if it is private, that would allow someone to log into one of your other accounts or otherwise engage in identity theft.  From an internal perspective, we restrict access to your personally identifying information to staff who need to know that information in order to operate, develop or improve our services.
Updating your information: We provide mechanisms for updating and correcting your personally identifying information for many of our services.
Links: Textnovel may display links external to Textnovel\'s network as result of user created data and these other sites may place their own cookies on your computer, collect data or solicit personal information.
Home    About Us    Blog    Contact Us    FAQs    Forum    How To    News    Links   Partners   Sitemap    Support Us    Terms of Use    Testimonials    What is Textnovel?