Last Updated: April 7th, 2016
By accessing and/or using our messaging applications and services called Secret Text (our “Services”), which are owned or operated by Return Zero, LLC, (“the Company”), you are accepting and agreeing to be bound by the terms and conditions below (the “Terms”).
Certain features of our Services may be subject to additional guidelines, terms, or rules, which will be posted with those features and we reserve the right to modify, suspend, or discontinue these Services (or any portions of them) at any time.
As long as you comply with these Terms, you may use our Services for your personal, non-commercial purposes.
Mobile App. When you download our software app from the Apple App Store, Google Play or other app store or app distribution platform (an “App Store”), you acknowledge and agree that:
You are responsible for your conduct when using our Services and you agree that you will use our Services in compliance with all applicable laws and regulations.
Prohibited Conduct. You agree that you will not engage in (or encourage) any Prohibited Conduct in connection with your use of our Services. “Prohibited Conduct” means doing things like:
Prohibited Content. You agree that you will not send any Prohibited Content. “Prohibited Content” means content that:
Content You Provide. You are responsible for the content (like the text and images) that you transmit through our Services (your “Content”), including its legality, reliability, and appropriateness. You may not transmit Content that you don’t have the right to publish. Your Content remains your Content. By sharing your Content through our Services, you give us the right and license to use, reproduce, publish, display, distribute, and transmit your Content to provide you with our Services and to make your Content available to other users who you authorize to access and/or view your Content, subject to these Terms.
Enforcement by Us. We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms or is Prohibited Content, or that we believe is or promotes Prohibited Conduct or threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your device ID or IP address, usage history, your Content, and your conduct.
It is our policy to remove, or disable access to, material that infringes any copyright on our Services after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
Notice of claims of copyright infringement should be sent to our Copyright Agent: Return Zero, LLC, Attention: Copyright Agent, 190 Willis Avenue, Mineola, New York 11501 or via email to email@example.com.
Our Services may contain links to content, products or services provided by other people and businesses, which are not under our control and we are not responsible for their content, services, performance, operation, availability, business practices or policies (including their privacy and data gathering practices). We are providing these products and services only as a convenience but we do not imply any endorsement or recommendation of their product or services, or of any association of us with them. Access or use of their products and services, is at your own risk and any charges or obligations you incur in your dealings with them is your responsibility.
You acknowledge that all intellectual property rights in our Services, including the underlying software and technology and the information and content available on our Services are owned by us and our suppliers (including other users), are protected by copyright laws throughout the world. We and our suppliers (including other users) reserve all rights not granted in these Terms. We may use any suggestions, ideas, feedback, or recommendations you give to us about our Services for any purpose and without any obligation to you.
We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. When your account is terminated, you will no longer be able to access or use the Services through your account.
Your access and use of our Services is at your own risk. You agree that any Content you submit or receive through our Services is done at your own discretion and risk. We are not responsible for the content provided by, or the conduct of, any user and you bear the entire risk of using the Services and any interactions with other users. Our Services are provided on an “AS IS” and “AS AVAILABLE” basis and we do not represent, warrant, or guarantee that the Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR CURRENTNESS. If applicable law requires any warranties with respect to our Services, all such warranties are limited in duration to thirty (30) days from the date of your first use of our Services.
You agree to defend, indemnify, and hold us harmless from any claim, liability, loss, injury, damage, cost, or expense (including attorneys’ fees) incurred by us arising out of or relating to (a) your use of the Services (other than in accordance with these Terms), (b) any Content you provide, or (c) your violation or breach of any provision in these Terms.
WHEN PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES AND IN NO EVENT WILL IT EXCEED $50. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms constitute the entire agreement between us with respect to the subject matter and supersedes and merges any prior proposals, understandings and contemporaneous communications. These Terms may be amended by us from time to time. If we make material changes to these Terms, we will notify you by posting the revised Terms or notifying you through the Services or your account. Your continued use of the Services after the changes go into effect will constitute your agreement to such changes. These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to or application of conflicts of law rules or principles. By using our Services you consent to personal jurisdiction and venue in the state and federal courts for Nassau County, New York for any lawsuit filed there against you by us arising from or relating to these Terms or our Services. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.