Last revised: November 15, 2015
This is an End User License Agreement (the "Agreement") between SessMe ("SessMe", the "Company", "we", "us" or "our") as the owner of a multi-platform social messaging application, SessMe, and you ("you", "user" or "users"). This Agreement governs your use of and/or access to our multi-platform messaging application and our website, available at: www.sessme.com (collectively, the "Service").
You hereby agree that in order to use the Service we will collect your phone number in order to authenticate your identity – upon your registration, we will send you a SMS in order to confirm you are the holder of the number you provided, in order to activate your account.
Short Code Terms
When you opt-in to the Service, we will send you an SMS message to confirm your signup.
You can cancel the SMS service at any time. Just text "STOP" to 71210 or 76884. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If at any time you forget what keywords are supported, just text "HELP" to 71210 or 76884. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
T-Mobile is not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers:
Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Metro PCS, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive 1 msg/req. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to email@example.com.
Grant of license
We are entitled, without any liability, to refuse, restrict, limit, suspend, interfere or interrupt the Service or any part thereof, without any notice to you for the purpose of repairing, improving, or upgrading the Service or for any of the reasons for termination or suspension as mentioned below.
You may not access or use the Service if you are under thirteen (13) years of age or if you are legally unable (under the applicable laws and regulations) to enter into this Agreement. By accessing or using the Service you represent that you have reached the age of 13 years. We reserve the right at any time to terminate your use or access to the Service if we are aware that you have not reached the age of 13 years.
The Company will allow you to submit and upload information into the Service directly, either as your account information (e.g. name, phone number, username, etc.), or for the purpose of communicating with our user community (collectively "User Submissions").
Your User Submissions will be accessible to other users in our community. You are solely responsible for your User Submissions. You warrant that you own all the rights, licenses, consents, permissions, titles and interests required for you to use your User Submissions in the manner contemplated herein.
The foregoing license granted by you terminates once you remove or delete a User Submissions. However, please note that this license to your User Submissions continues even if you stop using the Service, primarily because of the social nature of content shared through the Service - when you choose to send something in a non-private chat, others may choose to forward it, making your content part of a social conversation that can’t later be erased without retroactively censoring the speech of others.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all content you transfer to us.
As a subscriber of the Service, SessMe grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, and redistribute content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Service, and pursuant to any applicable law or regulation and without infringing the rights of others. This means, for example, that we license content to you for the purposes of forwarding.
Limitation on use
You hereby warrant that you have all necessary and sufficient rights to share any information in the User Submissions with the Service and other users of its community.
You hereby warrant that you will not:
The Company retains all rights, titles and ownerships in and of the Service or any part thereof, including without limitation, the design and layout of the Service, all contents of the Service (excluding User Submissions), copyrights, patents, trademarks, service marks and logos, and database(s), registered or not (the "Materials"), except as expressly excluded in this Agreement. You may not use, sell, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorized use of the Materials, without the Company's prior explicit written consent. You are granted only a limited and revocable right to use the Service, subject to the terms of this Agreement, and for personal use only, and under no circumstances have you acquired any right, interest or title to any part of the Materials.
You hereby expressly agree, to the fullest extent not prohibited by the applicable law, that:
You agree to indemnify, defend, and hold the Company (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including, without limitation, attorneys’ fees, arising out of or related in any manner to your use or misuse of the Service, including without limitation your access to or use of the Service, any breach or alleged violation of the rights of any other person or entity by you, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right and any breach or alleged violation by you of this Agreement.
Limitation on liability
You hereby expressly agree, that to the fullest extent not prohibited by the applicable law, that the Company shall not be liable, in any event, for:
You hereby acknowledge and warrant that your use of any information obtained in connection with your use of the Service is at your sole discretion and risk. Your sole and exclusive remedy with respect to any problems or dissatisfaction with the Service is to delete your account, uninstall the application, and cease your use of the Service.
You must notify us immediately of any breach of security or unauthorized use of your mobile phone. We will not be liable for your losses caused by any unauthorized use of your account.
Please be advised that despite its great efforts, the Company cannot guarantee that its Service will not be abused; we urge you to be cautious whenever you are asked to provide personal or sensitive information to strangers.
Third Party Services
This Agreement applies only to your use of the Service. The Company has not reviewed, has no control over, nor does it endorse, screen, promote or otherwise assume any responsibility for the content of third party websites or applications ("Third Party Services"), or to the information, advertisements, services, practices or other material contained on, or accessible through Third Party Services, including without limitation third party websites to which hyperlinks are contained in the Service or have accounts with the Service.
Third Party Software
Portions of the Service may include software that we license from third parties, which may include open source software or related components ("Third Party Software"). Third Party Software is subject to the terms and conditions imposed by the licensors of that Third Party Software. We do not make any warranty with respect to Third Party Software. For further information about Third Party Software, please visit here http://static.sessme.com/licenses.html . You agree that your use of the Service is subject to the applicable Third Party Software referred to therein. Please note this list may be updated from time to time.
Governing law and arbitration agreement
This Agreement is governed by and construed in accordance with the laws of Israel without giving effect to any principles of conflicts of law.
You may opt out of this Arbitration Agreement. To opt out, you must notify the Company in writing within thirty (30) days of the date that you first become subject to this Agreement. You must email us at firstname.lastname@example.org with the subject line: "Arbitration Opt Out" and include in the body of your e-mail your name, residence address, email address, telephone number, and a clear statement that you want to opt out of this Arbitration Agreement.
If you do so, neither you nor the Company can require the other to participate in an arbitration proceeding, however, both you and the Company hereby expressly waive trial by jury. If permissible under such court’s rules, you may bring your claim in the applicable courts in Israel. You may bring claims only on your own behalf. Neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by this Agreement. You hereby agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account in the Service, if the Company is a party to the proceeding.
You hereby agree that any claim you may have arising out of or related to your relationship with the Company must be filed within one (1) year after from the arising incident; otherwise, your claim shall be permanently barred.
Notice and Takedown
The Company does not allow using the Service or any of its features for intellectual property infringement.
If you encounter what you believe to be a violation of your intellectual property rights in the Service, please notify us via e-mail at: email@example.com.
Such notice ("Takedown Notice") must include your full name, contact details (address and phone number), a reasonably detailed description of the alleged infringement and adequate evidence of your right in the relevant intellectual property (for example, trademark registrar certificate of a signed affidavit).
Once an adequate Takedown Notice is sent, the Company will either remove the alleged infringement, if feasible, or put you in contact with the person responsible for it.
If you receive notification from the Company stating that a Takedown Notice was received regarding content or activity for which you are responsible, you may contend the Takedown Notice within seven days, in which case only will your contact details be given to the Notice's sender.
If you repeatedly infringe third parties' intellectual property, and at least more than twice (2), your access to the Service may be restricted or blocked at the Company's sole discretion and you may be subject to legal repercussions.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party’s copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Service who are deemed to be repeat infringers of a third party’s copyrighted work.
If you believe that anything on the Service infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. § 512(c)(3), with our designated agent:
Attn: Copyright Agent
Lazarov 33 St., Rishon Lezion, Israel 7565435
Assign rights, severability and waiver
The Company may assign its rights according to this Agreement to any third party at its sole discretion. You may not assign or delegate your rights according to this Agreement, without the Company's prior written consent.
If any part of this Agreement is deemed void, unlawful, or for any reason unenforceable or invalid, then that part shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of the Agreement.
Failure to assert, at any time, any right, or require performance in regard to this Agreement by or on behalf of the Company shall not constitute concession, yield, waiver or relinquishment of any sort, and shall not limit the Company's rights with respect to such breach or any subsequent breaches. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Apple (additional provisions)
Where the Service was downloaded via Apple marketplace, the user warrants that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. Further, the user acknowledges and consents that Apple and Apple’s subsidiaries are third-party beneficiaries of the Agreement, and Apple has the right, upon your consent to the terms of this Agreement, to enforce the Agreement against you as a third party beneficiary thereto. The user also warrants that he/she is 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 he/she is not listed on any U.S. Government list of prohibited or restricted parties.
The Company reserves the right (but has no obligation), at its sole discretion and without prior notice to:
You may rectify or remove any personal information related to you from the Service at any time, by contacting us at: firstname.lastname@example.org. You may terminate your account at our Service at any time by deleting your account, uninstalling the Service, and ceasing to use the Service.
Amendments to the Agreement
The Company reserves the right, at its sole discretion, to periodically amend or revise the terms of this Agreement; material changes will be effective immediately upon the publication of the amended Agreement. Your continued use of the Service, following the amendment of the Agreement, constitutes your acknowledgement and consent of such amendments to the Agreement. The last revision will be reflected in the "Last modified by" heading above. In the event of a material change to this agreement, the user may be notified within the application.