Effective Date: April 6, 2013
This is an agreement between Spuff Messenger s.l, (Spuff. we, We, us. US) a Spanish company located in Madrid, Spain, owner and operator of this Site, www.spuffmessenger.com (the “Website” or the “Site”) and Spuff Instant Messenger Application for smartphones ( App or Application) including the internet communications software and other software that is provided with the Web Site or the App (the Website, the App and all the software, collectively the “Service”),and you (“you” or “You”, ”user” or “User”), a user of the Service.
These Terms Of Service , our Privacy Police and guidelines incorporated herein in by reference and subject to the Terms Of Service, constitute the entire agreement between you and Spuff Messenger s.l. with respect to your use of the Service, the App and/or the Website.
The Service is intended for use by people who are 13 years of age or older. If you are under 13 years of age, then please do not use the App or access the Website at any time or in any manner. If you are minor over 13 years of age you should seek permission from your parents or guardian to use the App or access the Website.
We will not tolerate objectionable content sent or posted by our users of the service including those which are offensive, inappropriate, sexual explicit, obscene, harassing, commercial or that infringe copyrights or laws. Please we strongly recommend you to read carefully our terms on objectionable content at USE OF THE SERVICE and the way users can report abusive content or the individuals who have generated it.
Please contact US with any questions or comments about this Terms of Service and or in relation to the Service, the App or the Website through the Website at www.spuffmessenger.com
In order to access and use the Service, notwithstanding other provisions and limitations contained in these Terms Of Service, you acknowledge and agree to use the Service solely for your personal use and to not:
We will not tolerate objectionable content. In order to access and use the Service, you acknowledge and agree not to publish or send offensive or inappropriate statements, material, or links, including those which are defamatory, libelous, indecent, pornographic, sexual explicit, obscene, harmful to a minor, harassing, hateful, abusive, illegal, racist, offensive. infringe copyrights, promote an illegal act, contain advertising, promotional materials, junk mail, spam, chain letters or solicit funds or services.
If you do, In order to access and use the Service you acknowledge and agree we reserve the right to remove objectionable content without prior notice and may terminate your licence to use the App. Objectionable content according to these criteria can be deleted immediately and without discussion. If it is not so clear we reserve the right to decide whether content is appropriate and complies with the Terms of Service
We make good faith efforts to detect and remove objectionable content published and to investigate allegations that submissions or messages violate the Terms of Service, The members of the support team under responsibility of the manager of Spuff, will act as moderators to remove inappropriate contents It is important for us to preserve your privacy and diversity of opinions, but for clarity we will not tolerate objectionable content. There is much content that Spuff is not appropriate for, but which may be appropriate somewhere else.
To report objectionable content and or user generating it and or block a user from accessing your account ( or unblock ) send an email to firstname.lastname@example.org or contact us through the Website at www.spuffmessenger.com
You may include in that e-mail information that allow us to identify the user who sent or posted the objectionable content: phone number or last 3 figures of the phone number, nickname and the time/date when you received the message or saw the topic posted If you a reporting objectionable content, you may include the reason why you think the content is objectionable.
When reporting a copyright infringement, additionally you may include a statement that you are the owner or someone authorized to act on behalf of the owner of the copyright, that you have a good faith belief that the user allegedly infringing the copyrighted work is not authorized by the copyright owner, its agent, or the law, information to Identify the copyrighted work the content that is to be removed or the access to the material which is to be disabled, the mobile phone number of the user allegedly infringing and Information to contact the complaining party We may need to contact you for further information and notice.
In 24 hours since you reported we will remove objectionable contents and may terminate license to use Spuff app of users that generated those contents in breach of these Terms. We do not reveal your identity when you report and we do not inform users when you block their access to your account
You also hereby grant each user the a non-exclusive license to access your submissions through the service.
In order to access and use the Service you acknowledge and agree that when you post or publish a topic any user of the Service can send you messages at their own discretion and that users will not be able to submit or send you messages when unpublished your topic unless they have previously your phone number. You acknowledge and consent you will be exposed to receive messages from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to them and that are not the responsibility of Spuff. You understand and acknowledge that you may be exposed to messages whose content is 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 us with respect thereto, and agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Service. For the purposes of these provisions the term us includes Spuff Messenger s.l. and its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
In order to access and use the Service, you acknowledge and agree that is your responsibility to know and understand our Service limitations in order to ensure compliance with some law requirements applicable to individuals and business, The Service limitations include and are not limited to, those upcoming from the fact (I) that we are an online Service and unfortunately no method of transmission or storage over the Internet is totally secure and although we recommend to avoid them, users can eventually use unsecured wifi or other unprotected networks to submit messages through the Service. (II) that we are a tool for mobile communication in private and our value proposition is instant messaging without storage or permanent retention of the messages, sent or received on the chat, in the local or central servers neither in the memory of the mobiles.
In order to access and use the Service, you acknowledge and agree that you will have to provide us with your mobile phone number and that in order to provide the Service, you expressly acknowledge and agree we may periodically access your contact list on your mobile device to find and keep track of mobile phone numbers of other users of our Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Spuff to access your contact list on your mobile device for mobile phone numbers in order to provide and use the Service.
In order to access and use the Service, you acknowledge and agree that in the event that we are involved in a merger, acquisition, asset sale or other change of control you hereby give your express consent to us to transfer or assign to third companies your Personal Identifiable Information and/or non-personally-identifiable information we have collected from you . We may transfer, and we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control.
You acknowledge and agree to receive any notification or alert we may send you related to the Service,
In order to access and use the Service, you acknowledge and agree that the app is currently available only for iPhone in the terms and conditions we display on the App Store., and, you acknowledge and agree that the license granted to you is limited to a non-transferable license to use the licensed Application on an iOS Product that you owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Service, and that, upon the end-user’s acceptance of the terms and conditions of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against the end-user as a third party beneficiary thereof.
Subject to your compliance with these Terms of Service, we hereby grants you a personal, non-exclusive, non-transferable, limited permission to use the Service, the App and the Website.
You represent and warrant that you are of legal age to form a binding contract with Spuff. If you are not old enough to accept the terms then you should not use the Service. The Spuff service is intended for use by people who are 13 years of age or older. If you are under 13 years of age, then please do not use the App or access the Site at any time or in any manner. If you are minor over 13 years of age you should seek permission from your parents to use the App or access the Site.
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 you are not listed on any U.S. Government list of prohibited or restricted parties.
You further represent and warrant that you are not you are no constrained by law requirements applicable to individuals and business, including the transmissions of sensible data, of which we are not in a position to ensure compliance .
For clarity, as an example for US users, you can not use our Service if its applicable to you the SEC "Books and Records Rules applicable to broker dealers- e.g., SEC Rule 17a(3,4) requirements with respect to the records that broker-dealers must make, and how long those records and other documents relating to a broker-dealer's business must be kept – (our value proposition is instant messaging without storage of the messages in the servers neither in the memory of the mobile phones and messages could be anonymous) , or if you transmit personal financial data under the GLBA Act, personal health information protected under HIPAA or SSNs under the U.S. Social Security Administration guidance (our Service is online and unfortunately, internet is not a secure environment for communication ).
The content and compilation of content included on the Website and the application , (excluding User Submissions by users) including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of them, as well as their selection and arrangement are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, except where stated otherwise. Any unauthorized use of this content violates such laws and these terms. Except as expressly provided herein, Spuff does not grant any express or implied rights to use this content. By agreeing to these terms you agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, any of the content, the web site, the application or any related software, except as expressly provided herein
You may terminate your relationship with Spuff at any time and without recourse to the courts by ceasing to use the App and/or Web site. We may terminate our relationship with you, or may terminate or suspend your use of the App, the Service or Website at any time and without recourse to the courts if you are in breach of these Terms, if we reasonably suspect that you are using the Service, the App and/or Website to break the law or infringe third party rights; If we reasonably suspect that you (or a third party on your behalf or with your access) are using the service, the App and/or Website fraudulently; On thirty (30) days notice if we decide to cease offering the Service and/or Website; or Immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of our partners. We will effect such termination by preventing your access to the Service, the App and/or Website (as applicable). If you don’t use the Service for more than one year, you may need to reregister before you can use the service again.
Upon termination of your relationship with Spuff all licenses and rights to use the Service, the App and/or Website shall immediately terminate; you will immediately cease any and all use of the Service, the App and/or Website; and you will immediately remove the App from your mobile phone.
For the purposes of these provisions Spuff Messenger s.l., includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
To the maximum extent permitted by law: the Service, the App and the Website are provided “as is” and used at your sole risk with no warranties whatsoever Spuff Messenger s.l does not make any warranties, claims or representations and expressly disclaims all such warranties of any kind, whether express, implied or statutory, With respect to the Service, the App and the Website including, without limitation, warranties or conditions of quality, performance, non-infringement, merchantability, or fitness for use for a particular purpose. Spuff Messenger s.l., further does not represent or warrant that the Service, the App and the Website will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without packet loss, nor does paragraph Spuff Messenger s.l. warrant any connection to or transmission from internet, or any quality of transmission made through the Service.
Nothing in this these Terms shall exclude or restrict either your or our liability for: death or personal injury; loss resulting from the other party’s willful default or gross negligence; fraud or deliberate misrepresentation; or any liability which cannot be limited or excluded by applicable law.
You acknowledge and agree that Spuff Messenger sl will have no liability whatsoever, whether in contract, grievance or any other cause of liability, and whether or not the possibility of such damages or losses has been notified to Spuff Messenger s.l. in connection with or arising from your use of the service, or the internet communications software or other software that is provided. Your only right or remedy with respect to any problems or dissatisfaction with the service, the app and/or the website is to immediately uninstall the app and cease use of the app and/or the website.
Subject to previous provisions, Spuff Messenger sl shall not be liable to you whether in contract, grievance or any other cause of liability whether or not the possibility of such damages or losses has been notified to spuff messenger, for any indirect, special, incidental or consequential damages; or any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or any damage to or corruption of data (whether direct or indirect); or any claim, damage or loss (whether direct or indirect ) arising from or relating to your inability to use the Service to contact emergency services; or the service limitations set out in these Terms; or any claim, damage or loss (whether direct or indirect) arising from or relating to any product or service provided by a third party under their own terms of service, technology or website.
Spuff Messenger sl total liability to you under or in connection with these terms shall not exceed in aggregate the amount paid by you for the service subject to a maximum of five euros in all cases.
If any third party brings a claim against Spuff Messenger sl in connection with, or arising out of your breach of these Terms; your breach of any applicable law of regulation; your infringement or violation of the rights of any third parties (including intellectual property rights); or your User Submissions, you will indemnify and hold Spuff Messenger sl harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
The App and Website may include hyperlinks to other third party websites. We’re not responsible for such third party websites or the availability of such websites and we don’t endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website. By using the Service, you expressly acknowledge and agree that shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party site.
Please contact US with any questions or comments about this Terms of Service and or in relation to the Service, the App or the Website through the Website at www.spuffmessenger.com
These Terms Of Service including the Privacy Police and guidelines constitute the entire agreement between you and Spuff.Messenger s.l. with respect to your use of the Service, the App and/or Website.
The failure by Spuff Messenger sl to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our rights or remedy. If we waive a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
You may not assign these Terms or any rights or obligations contained in them. We may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
You acknowledge and agree that if we are unable to provide the Service, the App and/or Website as a result of a force majeure event, we will not be in breach of any of our obligations towards you under these Terms. A force majeure event means any event beyond our control.
These Terms shall be governed by and interpreted in accordance with the laws of Spain, you agree any legal dispute arising under these Terms shall be decided by a court of competent jurisdiction located exclusively in Madrid, Spain.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE APP OR USE THE APP, THE WEBSITE, AND/OR THE SERVICE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT US THE RIGHTS SET FORTH HEREIN.
Effective Date: April 6, 2013
Effective Date: April 6, 2013
Spuff Messenger s.l, (Spuff. we, We, us. US) is a Spanish company located in Madrid Spain, owner and operator of this Site, www.spuffmessenger.com (the “Website” or the “Site”) and Spuff Instant Messenger Application for smartphone,( App or Application) including the internet communications software and other software that is provided with the Web Site or the App (the Website, the App and all the software, collectively the “Service.”
The Service is intended for use by people who are 13 years of age or older. If you are under 13 years of age, then please do not use the App or access the Site at any time or in any manner. If you are minor over 13 years of age you should seek permission from your parents or guardian to use the App or access the Site.
California customers providing personal information to us, have the right to request, once per calendar year that we provide a list of companies with which we share personal information for the affiliates' and/or third parties' direct marketing purposes, if any, and a list of the categories of personal information that we share, if any. California customers may request further information about our compliance with this law through the Website at www.spuffmessenger.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through contact e-mail address stated, at our Website, at www.spuffmessenger.com
We may obtain the following types of information from or concerning you or your computer or mobile phone device, which may include Personally Identifying Information and/or non-personally-identifiable information. We collect information that you give us and information that we get from you when using of the Service
You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name billing information and mobile device information to Spuff when using the Service e.g. when registering as a user, updating your status or requesting status for your contacts and allow Spuff to periodically access your contact list on your mobile phone to find and keep track of mobile phone numbers of other Spuff users in order to provide the Service
When using the App, the messages are sent via internet, using your data plan, to our servers and routed to the recipient or held until recipient is online and delivery is possible.
The data (sender’s name or nickname, date and time stamp information associated with delivered message and the mobile phone numbers involved in the message) and content of the message delivered to the server are not retained or stored in the memory of the sender’s mobile device.
If the message is undelivered for 24hours, the undelivered message is deleted from our servers. Once delivered to the recipient, who must also be a Spuff user, the data and content of the messages are kept in the server for 24 hours. If a report of objectionable content is received the data and content are stored permanently but in the normal course of business the data and content of the messages are not copied, kept or archived longer than 24 hours. Notwithstanding the above, we may retain data and content as well as any other information which we are legally compelled to collect.
Once delivered to the recipient the data and the content of any delivered message are retained on the memory of the mobile device until the content is displayed or for a maximum of 24 hours. When a message is delivered it shows the sender’s nickname and phone number, allowing recipient to identify the sender, while the content of the message keeps hidden When the recipient opens the message, the hidden content is displayed on the screen for 15 seconds or less if the recipient double tap on content and then deleted from the memory of the mobile device.
Spuff may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which Spuff is legally compelled to collect.
We cannot guarantee that your data and contents will be deleted and not be released again in every case, In addition to a security breach, because unfortunately no method of transmission or storage over the Internet is totally secure, we may share all information available to assist government agencies responsible for enforcing the laws in our reasonable belief an individual’s physical safety may be at risk or threatened, or in the good-faith belief that is necessary to comply with laws or if required to do so by court or by law. And you must also be aware that users may capture contents received taking a screenshot and we can’t guarantee the confidentiality of the information that you communicate to other users, nor do we have any control over the collection and use of your personal information made by our users.
When you use the App, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to. When you access and use the Website , your web browser sends to our servers certain information that we will record (your web browser sends these information whenever you visit any website). These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information.
When you access the Website, we may send one or more cookies to your computer that uniquely identifies your browser. We uses session cookies that disappears after you close your browser. and persistent cookies which remains after you close your browser and may be used by your browser on subsequent visits to the Website. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. The Website may not function properly if you reset your web browser to refuse all cookies .
We may share your personal information and/or non-personally-identifiable information with third parties. Including the following
Please notice that we will share information available and we may collect and release Personally Identifiable Information and/or non-personally-identifiable information to assist government agencies responsible for enforcing the laws in our reasonable belief, an individual’s physical safety may be at risk or threatened, or in the good-faith belief that is necessary to comply with laws or if required to do so by court or by law.
We have technical and organisational measures in place in a reasonable effort to protect against the loss, misuse, alteration, unauthorised access or theft of your Personal Information. We use industry standard efforts to safeguard the integrity and security of your Personal Information but while we strive to protect your Personal Information. we cannot ensure the confidentiality of the communication of any information that you transmit to us or any information that you receive from the service or we collect because unfortunately no method of transmission or storage over the Internet is totally secure. Under no circumstances should you use the service to transmit confidential or privileged information of any sort. and we do not recommended using unsecured Wifi or other unprotected networks to submit messages through the Service.
If a security breach occurs; as we learn of a security systems breach we may attempt to notify you through the Service or may post a notice on the Site .You should notify us immediately of any violation of security or unauthorized use of your mobile phone. Although Spuff will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses such unauthorized use could Infringed on Spuff or others
The Spuff service is intended for use by people who are 13 years of age or older. If you are under 13 years of age, then please do not use the App or access the Site at any time or in any manner. If you are minor over 13 years of age you should seek permission from your parents to use the App or access the Site. We do not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the Site or App or Service from persons under 13 years of age, and if we know we have collected it we may deactivate the account.
Effective Date: April 6, 2013