These terms and conditions of use (hereinafter referred to as the “Terms of Service”) define the terms between RM Media GmbH (hereinafter referred to as the “Company”) and users in regards to the use of websites, software, applications, products, documents, and other products and services (hereinafter referred to as the “Service”) provided to users under the “RM Messenger” name or in relations to “RM Messenger Software”.
Article 1. Agreement to Terms and Conditions of Use
1.1. The user must use the Service according to the provisions in the Terms of Service.
1.2. The user must be 18 (eighteen) years of age or older to register as a member of RM Messenger or otherwise use our Service.
1.3. The user cannot use the Service unless they agree to the Terms of Service. The user is deemed to have agreed to the Terms of Service once they click the ‘Agree’ button that is displayed on the screen, when installing the Service.
Article 2. Other Applicable Terms
Article 3. Definitions
The following words and terms shall have the meanings set forth below, when they are used in the Terms of Service.
3.1. "content(s)" means information such as text, audio files, music, images, videos, software, programs, computer code, and the like.
3.2. "Content(s)" means content(s) that may be accessed through the Service.
3.3. "Submitted Content(s)" means content(s) that users have submitted, transmitted, or uploaded.
Article 4. Collection of Information
4.1. The Company collects the user’s phone number and email address in order to identify the terminal used to access the Service.
Article 5. Approval to Use Software
5.1. The Company allows the nonexclusive use of the software in relation to the Service (hereinafter referred to as the “Software” and includes the new software to be provided with future upgrades) provided by the Company for the user who downloads the Software for the use of the Service under the condition that the user abides by the Terms of Service. The copyright to the Software and any associated rights will belong to the Company.
5.2. The Company cannot guarantee that the Software is free of any actual defects (including, but not limited to, stability, reliability, accuracy, completeness, validity, suitability for a specific purpose, errors, etc.).
5.3. The user must not conduct the following actions when using the Software:
5.3. The Company may modify the whole or part of the Service, as well as terminate the Service, when the Company deems necessary, without providing prior notification to users (including, but not limited to, updates to the Software).
Article 6. Modification of the Terms of Service
The Company may modify the Terms of Service when the Company deems necessary, without providing prior notification to users. The modification become effective once the modified Terms of Service are posted on an appropriate location within the Service operated by the Company. Users must refer to the Terms of Service on a regular basis for the latest version when using the Service, since a separate notification is not provided.
Article 7. Account
7.1. Users, when providing information about themselves to the Company, shall provide genuine, accurate, and complete information while using the Service, and keep such information up-to-date at all times.
7.2. When users register a password while using the Service, users shall exercise due care and responsibility in order for the password not to be used in an unlawful manner. The Company may treat all activities conducted with the password as activities that have been conducted by the holder of the password themselves.
7.3. Any registered User to the Service may delete their account and withdraw from using the Service at any time.
7.4. The Company may suspend or delete a user's account without giving prior notice to the user if the Company believes that the user is violating or has violated the Terms of Service.
7.5. The Company reserves the right to delete any account that has been inactive for a period of six months or more since its last activation without any prior notice to the user.
7.6. Each account in the Service is for the exclusive use and belongs solely to the owner of the account. Users may not transfer or lend their accounts to any third party nor may their accounts be inherited by any third party.
Article 8. Provision of the Service
8.1. Users shall supply the necessary PC, mobile phone device, communication device, operating system, and data connection necessary for using the Service under Users' own responsibility and at Users' own expense.
8.2. The Company reserves the right to limit access to the whole or part of the Service depending upon conditions that the Company considers necessary, such as age, identification, and the like.
8.3. The Company reserves the right to modify or cease, at the Company's own discretion, the whole or part of the Service at anytime without any prior notice to the users.
Article 9. Incapability of Emergency Calls
9.1. The Service cannot be depended upon for emergency calls, such as ones made to law enforcement agencies, maritime safety authorities, fire brigade, or other emergency services.
Article 10. Advertisements
10.1. The Company reserves the right to provide Users with advertisements for the Company or a third party, through the Service.
Article 11. Contents
11.1. The Company grants users the non-transferable, non re-licensable, non exclusive license to use the Contents provided by the Company, only for the purpose of using the Service.
11.2. Users shall abide by the appropriate conditions when using Contents which are subject to additional fees and periods of use. Notwithstanding situations where phrases such as "Purchase", "Sales”, and the like appear on the Service screens, the Company shall remain the holder of all intellectual property rights as well as all other rights in the Contents offered to users by the Company, and such rights shall not be transferred to Users.
11.3. Users shall not use the Contents beyond the scope of the intended use of the Contents in the Service (including but not limited to copying, transmission, reproduction, modification).
11.4. If users wish to back-up the whole or part of the Submitted Contents, they will need to do so themselves. The Company will not undertake the obligation of backing up any of the Submitted Contents.
11.5. The Company may check the details of the Submitted Contents, when the Company believes that the Submitted Contents may violate related laws or provisions set out in the Terms of Service. However, the Company is not obligated to conduct such investigations.
11.6. If the Company believes that the user has violated or may violate applicable laws or provisions in the Terms of Service related to Submitted Contents, then the Company reserves the right to preclude the user's use of the Submitted Contents in certain manners, such as deleting the Submitted Content without providing the user with prior notice.
Article 12. Restrictions
Users shall not engage in the following when using the Service.
12.1. Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
12.2. Activities that may hinder public order or customs.
12.3. Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract.
12.4. Activities that post or transmit violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.
12.5. Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.
12.6. Activities such as sending messages indiscriminately to numerous users (except for those approved by the Company), indiscriminately adding users as friends or to group chats, or any other activities deemed by the Company to be spamming.
12.7. Activities that exchange the right to use the Contents into cash, property or other economic benefits without Company's authorization.
12.8. Activities that use the Service for sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved by the Company); use the Service for the purpose of harassments or libelous attacks against other users; or use the Service for purposes other than the Service's true intent.
12.9. Activities that benefit or collaborate with anti-social groups.
12.10. Activities that are related to religious activities or invitations to certain religious groups.
12.11. Activities that illegally or improperly lead to the collection, disclosure, or provision of other's personal information, registered information, user history, or the like.
12.12. Activities that interfere with the servers and/or network systems of the Service; that abuse the Service by means of BOTs, cheat tools, or other technical measures; that deliberately use defects of the Service; that make unreasonable inquiries and/or undue claims, such as repeatedly asking the same question beyond the necessity, and that interfere with the Company's operation of the Service or users' use of the Service.
12.13. Activities that aid or encourage any activity stated in Clauses 12.1 to 12.9
12.14. Other activities that are deemed by the Company to be inappropriate.
Article 13. User Responsibility
13.1. Users shall use this Service at their own risk, and shall bear all responsibility for actions carried out and their results upon this Service.
13.2. The Company may take measures that the Company considers necessary and appropriate, if the Company acknowledges that a user is using the Service in a way which violates the Terms of Service. However, the Company shall not be responsible for correcting or preventing such violation towards users or others.
13.3. In the case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly (including but not limited to cases where the Company has been sued for damages by a third party) due to the User violating applicable laws or the Terms of Service while using the Service, the User shall immediately compensate the Company upon its request.
Article 14. The Company's Exemption of Liability
14.1. The Company does not expressly or impliedly guarantee that the Service (including the Contents) are free from de facto or legal flaws (including, but not limited to, stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.
Article 15. Notification and Contact
15.1. When the Company notifies or contacts users regarding the Service, the Company may use a method that the Company considers appropriate, such as posting within the Service operated by the Company.
15.2. When users notify or contact the Company in regard to the Service, users shall use the customer support form available in the Service operated by the company or other means designated by the Company.
Article 16. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the European Union, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state courts located in the European Union, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF RM CHAT OR THESE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Article 17. Apple App Store Additional Terms and Conditions
17.1. The following additional terms and conditions apply to users, who use RM Messenger from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than or otherwise conflict with, the terms and conditions of this article, the more restrictive or conflicting terms and conditions in this Article apply, but solely with respect to RM Messenger Software from the Apple App Store.
17.2. Acknowledgement. RM Messenger and the user acknowledge that this Agreement is concluded between the Company and the user only, and not with Apple, and that the Company, not Apple, is solely responsible for RM Messenger Software and the content thereof.
17.3. Scope of License. The license granted for RM Messenger is limited to a non-transferable license to use RM Messenger on an iOS product that users own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
17.4. Maintenance and Support. RM Messenger is solely responsible for providing any maintenance and support in regard to the RM Messenger Software, as specified in this Agreement. RM Messenger and the user acknowledge that Apple has no obligation whatsoever to provide any maintenance and support services with respect to RM Messenger.
17.5. Warranty. RM Messenger is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the RM Messenger Software to conform to any applicable warranty, Users may notify Apple, and Apple will refund the purchase price for RM Messenger Software; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to RM Messenger Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be RM Messenger's sole responsibility.
17.6. Product Claims. RM Messenger and the users acknowledge that RM Messenger, not Apple, is responsible for addressing any users’ claims or any third party relating to RM Messenger Software or users possession and/or use of RM Messenger Software, including: (i) product liability claims; (ii) any claim that RM Messenger Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit RM Messenger 's liability to the users beyond what is permitted by applicable law.
17.7. Intellectual Property Rights. RM Messenger and its users acknowledge that, in the event of any third-party claim that RM Messenger Software or users possession and use of RM Messenger Software infringes that third party's intellectual property rights, RM Messenger, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
17.8. Legal Compliance. Users represent and warrant that while using RM Messenger (i) they 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 (ii) are not listed on any U.S. Government list of prohibited or restricted parties.
17.9. Developer Name and Address. RM Messenger's contact information for any end-user questions, complaints or claims with respect to RM Messenger Software is: [email protected]
17.10. Third-Party Terms of Agreement. Users must comply with applicable third-party terms of agreement when using RM Messenger Software.
17.11. Third-Party Beneficiary. RM Messenger and users acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon users acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against users as a third-party beneficiary thereof.
17.12. Users acknowledge and agree that the availability of the RM Messenger Services is dependent on the third party from which users received the RM Messenger Services, e.g., the Android Market or Apple app store (each, an "App Store"). Users acknowledge that this Agreement is between the user and RM Messenger and not with the App Store. Each App Store may have its own terms and conditions to which users must agree before downloading the RM Messenger Services from it. Users agree to comply with, and users license to use the RM Messenger Services is conditioned upon users compliance with, all applicable terms and conditions of the applicable App Store.
Article 18. Acceptance of agreements