ggMessage
Terms of Use
LICENSED APPLICATION END USER LICENSE AGREEMENT
(Last updated on June 11, 2015)
xTreme Software ("xTreme" or "we" or "us" or "our" or other similar pronouns) offers you ("you" or "your") text messaging services through xTreme’s (or ggMessage) licensed software application ("Licensed Application") for mobile devices available on xTreme’s website at www.ggmessage.it ("Site") or other third party websites. The Site, the Licensed Application and the various xTreme services offered to you may be collectively referred to in these terms as the "Service". You understand that, just like a regular mobile phone service, anyone with knowledge of your email account may send you messages through our Licensed Application. Our Licensed Application is licensed, not sold, to you for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement. We reserve all rights not expressly granted to you. This license is a binding legal document between xTreme and you and explains your rights and obligations as a user of the Service ("License"). By using the Service you acknowledge and agree to the terms of this License, the xTreme Privacy Policy and the xTreme DMCA Policy, all of which are incorporated by herein by reference. If you choose to not agree with any of these terms, you may not use the Service.
NO ACCESS TO EMERGENCY SERVICES: xTreme is not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed.
CHECK RESTRICTIONS ON USE: In some countries there are restrictions on the use of the Licensed Application. It is your responsibility to ensure that you are legally allowed to use xTreme where you are located.
1. Scope of License
This License is a limited, non-exclusive, non-transferable, non-sublicensable license to use the Licensed Application on any mobile device or personal computer that you own or control. You may not distribute or make the Licensed Application available over a network where it could be used by multiple mobile devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components of the Licensed Application, if any). In addition, any commercial copying or distribution, publication or exploitation of the Site, or any content, software, code, data or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by us that replace and/or supplement our Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Consent to Use of Data
How xTreme receives, collects and uses information about you from your use of the Service in general, including Personal Information, is more fully described in the xTreme Privacy Policy.
By using the Licensed Application, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. We may use this information to improve our Service.
3. Changes to this License
xTreme may make changes to the terms of this License from time to time. xTreme will publish the changes at http://www.ggmessage.it. The changes will be effective when published. Please review this License on a regular basis. You understand and agree that your acceptance of the terms of this License or your use of the Service after the date of publication of varied terms shall constitute your agreement to the updated terms. If you do not agree with the amended terms, you may terminate your relationship with xTreme in accordance with paragraph 4 below.
4. Termination
4.1 The License is effective until terminated by you or us. You may terminate your relationship with xTreme at any time. If you are using our free Service, you may simply cease to use the Service or delete our Licensed Application. If you registered for our "GGMessage Out" service (described below), you can request that xTreme delete your User Account (as defined below). xTreme has the right to terminate your rights under this License without notice if you fail to comply with any terms of this License. Upon termination of the License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
4.2 In addition, xTreme has the right to terminate its relationship with you, or may terminate or suspend your use of the Service at any time:
4.2.1 if you are in breach of the terms of this License;
4.2.2 if xTreme reasonably suspects that you are using the Service to break the law or infringe third party rights;
4.2.3 if xTreme reasonably suspects that you are trying to unfairly exploit or misuse any of our policies;
4.2.4 if xTreme reasonably suspects that you are using any of our products fraudulently or that your "User Account" is being used by a third party fraudulently;
4.2.5 if you have purchased "xTreme Credit" (as defined below) from an unauthorized reseller;
4.2.6 immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate in any particular territory, or by any of xTreme's partners;
4.3 xTreme shall effect such termination by preventing your access to the Service, where applicable. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
5. The Service
5.1 The Service allows users to submit status text, photos, videos and other communications (collectively, the "User Submissions"). These User Submissions may be hosted, shared, and/or published as part of the Service, and may be visible to other users of the Service who have your email account in their mobile phone and which you have not blocked. You acknowledge and agree that any of your User Submissions may be viewed by other users that have your email account. You retain your ownership rights in your User Submissions. You understand that whether or not such User Submissions are published, xTreme does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. User Submissions do not necessarily represent the views or opinions of xTreme, and xTreme makes no guarantees as to the validity, accuracy or legal status of any User Submission. In connection with your User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize xTreme to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your User Submissions in the manner contemplated by the Service and this License; and (ii) you have the written consent, release, and/or permission of each identifiable individual person referenced in your User Submission to use their name and likeness in your User Submission. Please note, by submitting the User Submissions to xTreme, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Submissions in connection with the Service and xTreme’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant every user of the Service a non-exclusive license to access your User Submissions through the Service. You further agree that you will not violate any of the restrictions listed in Prohibited Uses set forth in paragraph 6.2 below. xTreme does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. xTreme does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and we will remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. To file a copyright infringement notification to us, please follow the instructions at our xTreme DMCA Policy.
Public Chats
The Service allows users to follow Public Chats conducted on the Licensed Application
Public Chats are conversations held between groups of participants who have a common interest or affiliation, and are chatting amongst themselves, on xTreme, while any xTreme User choosing to follow such Public Chat ("xTreme Public Chat") publically views the chat.
xTreme Public Chats may include content that is suitable for PG13, and therefore, a xTreme User choosing to follow a Public Chat must be at least 13 years old.
Please review the xTreme Public Chat Content Policy (which is part of these terms) to understand more of what's prohibited on xTreme Public Chat. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service, to suspend or terminate users, and to block participants of xTreme Public Chats without liability to you. We also reserve the right to respond to user support requests or reports provided through the xTreme App, or protect the rights, property or safety of xTreme, its users and the public.
You can always unfollow a xTreme Public Chat if you find it to be unsuitable for you in any way.
5.2 In the course of using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
5.3 We make no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.
5.4 xTreme may automatically check your version of the Licensed Application. xTreme has no obligation to make available any updates. However, xTreme may (a) require you to download and install updates; or (b) automatically download and install updates to your device.
5.5 xTreme does not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback") to be confidential information. If you send any Feedback to xTreme through the Site, social networks or otherwise, you acknowledge and agree that xTreme shall not be under any obligation of confidentiality with respect to the Feedback and nothing in this License limits or restricts xTreme's right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.
5.6 You may link to the Site from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by xTreme where none exists. You may not frame the Site on any other website. xTreme may revoke the permission to link to the Site at any time at its sole discretion.
6. Your Obligations
6.1 You are responsible for all activities that occur under your User Account. You agree to notify xTreme immediately of any unauthorized use of your User Account or any breach of security with respect to your User Account. xTreme will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. Therefore, we recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. xTreme takes no responsibility for your failure to comply with the obligations in this paragraph.
6.2 You may not:
6.2.1 intercept or monitor, damage or modify any communication which is not intended for you;
6.2.2 use any type of spider, virus, worm, trojan-horse or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Service;
6.2.3 send unsolicited communications (also referred to as "SPAM", "SPIM" or "SPIT") or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
6.2.4 expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
6.2.5 use the Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;
6.2.6 use (including as part of your name and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;
6.2.7 collect or harvest any personally identifiable information, including account names, from the Service; or
6.2.8 impact or attempt to impact the availability of the Service, with a denial of service (DOS) or distributed denial of service (DDoS) attack.
7. Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, INCLUDING THE SITE AND LICENSED APPLICATION ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
8. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of 25 dollars ($25.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. End Users and Export Control.
You will not use or export the Licensed Application or any product or service offered on the Site or through the Service, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
10. Refunds.
10.1 If you believe that xTreme has charged you in error, you must contact Viber within 90 days of such charge. No refunds will be given for any charges more than 90 days old.
10.2 xTreme reserves the right to refuse a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature; (ii) if you are in breach of the terms of this License; or (iii) if xTreme reasonably suspects that you are using any of our products fraudulently or that your User Account is being used by a third party fraudulently. This refund policy does not affect any of your statutory rights to pursue a claim.
11. xTreme's Ownership Rights.
The Service, including the Site and Licensed Application (including any content or information contained therein) and all copies thereof are protected by copyright and other intellectual property laws and treaties. xTreme or its licensors own the title, copyright, and other intellectual property rights in the Site, Licensed Application and Service and all copies, modifications and derivative works thereof, and the underlying software (including any user Feedback) ("xTreme Technology"), and your use of our Service does not grant to you, nor do you acquire any ownership rights in the xTreme Technology.
12. Notice and Take Down Procedures;
Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Site, Service and Licensed Application do the same. If you believe that any materials accessible on or from the Service infringes your copyrights, you may request the removal of those materials (or access thereto) by contacting our copyright agent. Please go to the DMCA notification page to review our DMCA notification guidelines and procedures – xTreme DMCA Policy.
13. Jurisdiction.
The laws of the Italian Country, excluding its conflicts of law rules, govern this License and your use of the Licensed Application. You expressly agree that the courts in the Italian Country have exclusive jurisdiction over any claim or dispute with xTreme or relating in any way to your use of the Licensed Application or Service. Your use of the Licensed Application and Service may also be subject to other local, state, national, or international laws.
14. Indemnity.
You will indemnify, defend and hold harmless xTreme from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to any breach by you of this license.
15. Links to Third Party Websites.
The Site may contain links to other third party websites ("Third Party Sites"). These Third Party Sites are provided solely as a convenience to you. Such Third Party Sites are not under xTreme’s control, and xTreme is not responsible for and does not endorse the content of such Third Party Sites, including any information or materials contained on such Third Party Sites. You will need to make your own independent judgment regarding your interaction with these Third Party Sites.
16. Acceptance of License.
You affirm that you have the ability to enter into this License. If you are under the age of consent in your jurisdiction to form a binding agreement (and you are more than 13 years of age), you affirm that you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this License, and to abide by and comply with this License. The Service is not intended for children under the age of 13.
17. General.
This License is the entire agreement between you and xTreme relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this License. If any provision of this License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This License may not be modified or amended except as described herein by xTreme or otherwise with the written agreement of xTreme.