Last updated: February 14, 2016
C. Prohibited Activities. You agree not to engage in any of the following prohibited activities: (i) use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that access the Service in a manner that sends more request messages to the Serkit servers in a given period of time than a human can reasonably produce in the same period by using a the Service, or that automatically collect, copy, or reproduce content or information available through the Service (Notwithstanding the foregoing, Serkit grants the operators of public search engines permission to use spiders to copy materials from the Serkit Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials); (ii) efforts to reverse-engineer the Service, our system, our protocols, or explore outside the boundaries of the normal requests made by Serkit users; (iii) use request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the Service; (iv) collecting or harvesting any personal information, including phone numbers, from the Service; (v) using the messenger functionality for any commercial solicitation or spam purposes, or otherwise transmitting spam, or soliciting for commercial purposes, any users; (vi) stalking, harassing, annoying, or otherwise transmitting unwanted communications to other users; (vi) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (vii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (viii) uploading invalid data, viruses, worms, or other software agents through the Service; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, or conducting fraud; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. Serkit reserves the right, in its sole discretion, to grant exceptions to these prohibitions generally or in specific cases. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain.
D. Unauthorized Use of Your Account. You must notify Serkit immediately using the information in the "Contact Us" section below of any breach of security or unauthorized use of your account. Although Serkit will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Serkit or others due to such unauthorized use.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Service. You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Serkit shall have no liability for your interactions with other users, or for any user's action or inaction.
Except for your User Content (defined below), the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other users (the "Serkit Content"), and all Intellectual Property Rights (defined below) related thereto, are the exclusive property of Serkit and its licensors (including other users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms of Service shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Serkit Content. Use of the Serkit Content for any purpose not expressly permitted by these Terms of Service is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Serkit under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Serkit does not waive any rights to use similar or related ideas previously known to Serkit, or developed by its employees, or obtained from sources other than you.
For the purposes of these Terms of Service, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
A. User Content in General. The Service messenger functionality allows Serkit users to submit status text, profile photos and other information (collectively, the "Status Submissions"). It also allows users to communicate with each other by exchanging messages, media, files (e.g., photos, videos, audio files, documents, etc.), location information, and other information (collectively, "Communications"). The Status Submissions and Communications are "User Content", as is any other profile information, and other content or information a user submits, posts, displays, or otherwise makes available on the Service. We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content, including as noted in these Terms of Service. Serkit has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
B. Sharing of User Content. User Content will be made available to us, other users and third parties. For example, Status Submissions may be hosted, shared, and/or published as part of the Service messenger functionality, and may be visible to other users who have your mobile phone number in their mobile phone and which you have not expressly blocked using Service settings. In general, Communications you send directly to specific Serkit users should not be viewable other Serkit users. Currently, we have no method of providing different levels of visibility of your Status Submissions among users that have your mobile phone number – you acknowledge and agree that any Status Submissions may be globally viewed by users that have your mobile phone number, so don't submit or post status messages or profile photos that you don’t want to be seen globally. A good rule of thumb is if you don't want the whole world to know something or see something, don't submit it as a Status Submission to the Service. The submission of your 'last seen' status is done on an automatic basis whether or not you create a Status Submission, and is also available to other users who know your mobile phone number. You understand that whether or not such Status Submissions are published, Serkit does not guarantee any confidentiality with respect to any submissions.
D. User Content Restrictions. You further agree that you will not submit or transmit any User Content that: (i) is copyrighted, protected by trade secret or otherwise subject to third party Intellectual Proprietary Rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Serkit all of the license rights granted herein; (ii) contains falsehoods or misrepresentations that could damage Serkit or any third party; (iii) includes content or material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) includes advertisements or solicitations of business; (v) impersonates another person; (vi) includes software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interferes with or disrupt the integrity or performance of the Service or the data contained therein; (viii) attempts to gain unauthorized access to the Service or its related systems or networks; (ix) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (x) may create a risk of any other loss or damage to any person or property; (xi) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (xii) may constitute or contribute to a crime or tort; (xiii) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (xiv) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (xv) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (xvi) contains any information or content that you know is not correct and current.
B. Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that these Terms of Service are solely between you and Serkit, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Serkit as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Serkit as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Serkit, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Serkit acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as relates to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.
C. Mobile Software from the Google Play Store. The following applies to any Mobile Software you acquire ("Google-Sourced Software"): (i) you acknowledge that these Terms of Service are between you and Serkit only, and not with Google, Inc. ("Google"); (ii) your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Serkit, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as they relate to Serkit's Google-Sourced Software.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SERKIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, PRIVACY, SECURITY, ACCURACY, OR RESULTS. SERKIT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT OR USER CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL USER CONTENT, PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE,, (VI) INTERRUPTION, LOSS, DESTRUCTION, OR UNAVAILABILITY OF THE SERVICE OR YOUR OR OTHER USERS' USER CONTENT, AND/OR (VII) ANY ERRORS OR OMISSIONSIN 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 SERVICE. SERKIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND SERKIT 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. Federal law, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties, so the above exclusions may not apply to you. These Terms of Service give you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms of Service will not apply to the extent prohibited by applicable law.
The Service is controlled and offered by Serkit from its facilities in the United States of America. Serkit makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
You agree to defend, indemnify and hold harmless Serkit, its parent corporation, 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 attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service, including without limitation, your breach of any representations and warranties; (iii) your violation of any third party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) your willful misconduct; (vi) any other party's access and use of the Service with your phone or device or other access credentials;. or (vii) any claim arising from or relating to your User Content, including without limitation, that it is misleading, false, or inaccurate. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Serkit's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit Serkit to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice Serkit Address: 932 Cameron Circle, Milpitas, CA 95035 Telephone: +1-858-442-3282 Email: email@example.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Serkit and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Serkit's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, Serkit has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Serkit may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Information provided by our users through the Service may contain links to third party websites that are not owned or controlled by Serkit. Serkit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Serkit will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Serkit shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
You affirm that you are either more than 18 years of age, or 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 these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 13 years old as the Service is not intended for children under 13. If you are under 13 years of age, you are not permitted to use the Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Serkit is the developer of the Service, with an address at 932 Cameron Circle, Milpitas, California, legal at Serkit.me.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Serkit without restriction.
Please contact us at 932 Cameron Circle, Milpitas, California 95035, or at firstname.lastname@example.org if you have any questions about these Terms of Service.
A. California Law and Venue. You agree that: (i) the Service shall be deemed solely based in California; (ii) the Service shall be deemed a passive server that does not give rise to personal jurisdiction over Serkit, either specific or general, in jurisdictions other than California; and (iii) that you agree to subject to the jurisdiction of California in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Serkit that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California.
C. Waiver. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Serkit's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
D. Amendments. Serkit reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms of Service, your only recourse is to discontinue the use of the Service. Your continued use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
E. Limitation on Actions. YOU AND SERKIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.