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Last modified: March 31, 2014
Thanks for using our apps and services (“Services”). The Services are provided by Private Group Networks, Inc. (“PGN”). By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are available for individuals aged 13 or older, and if you are 13 or older but under the age of 18, you should review these terms with your parent or guardian to obtain their consent for you to use these Services under these terms. By activating our Services and accepting these terms, you represent that you are not under the age of 13.
Our Services are provided generally for non-commercial use only unless exceptions are specified in agreements with specific customers. Use of our Services in youth sports and similar adult sports, and related sports clubs and organizations is considered non-commercial. For commercial use or applications, please email to our company for inquiry at support@FTtheApp.com.
You must follow all the policies made available to you within the Services.
You should not misuse our Services. You should only access our Services using our apps or our dedicated websites as offered and in accordance with the instructions provided. You should not engage in any activity in our Services to try to break into our software or system, reverse engineer our software or interfere with our service operations. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or cancel our Services to you if you do not comply with any of our policies or terms. We may investigate suspected misconduct solely at our discretion.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services.
Our Services may include the use of content licensed to us by third party suppliers, and your use of such content must strictly adhere to the instructions provided within our Services, and you are not allowed to copy, duplicate, distribute or use such content in any way or form other than the manner as instructed within our Services.
In using our Services, you may upload messages to other users or post to external social media sites. In doing so, you agree not to engage in actions or activities that are unlawful or harmful to others or public safety, and examples include (but not limited to):
In response to complaints, we reserve the right to investigate your activities in our Services and review your content and make a determination if you have violated these terms, and if so, we may terminate your Services permanently.
In connection with your use of the Services, we may send you service announcements, administrative notices and related information. You may opt out of some of these communications.
You need to register for an account and establish a password before using our Services. You may create more than one account, but you should not create account(s) for the purpose of impersonation, misrepresentation or disruptive activities. You should keep your account for your own personal use and keep your password confidential. You should not share your account and password with anyone else. Hacking someone else’s password is a serious violation of terms and policy in our Services.
In some team applications, you may be given an account representing you as a parent, and another account representing your child as a team member (“Child Member Account”). In such a case, if your child is under the age of 13, the Child Member Account should only be used by you to participate in the team activities on behalf of your child. You should not share your Child Member Account login and password with anyone else.
You must use our Services in accordance with the process set out in the U.S. Digital Millennium Copyright Act. We reserve the right to cancel your account and your use of our Services if you are found in violation of copyright laws or regulations.
Some of the materials (in some of our apps) we make available for your use within our Services, such as parts of the emotone library, are copyright protected by third parties and are licensed within our Services for your use strictly in accordance with the instructions provided in the apps. You are not allowed to copy these tones or materials outside the scope of our Services, and when using these tones, they must be incorporated as part of your voice message to be sent within our Services.
Within our Services, you may also upload your own emotone, photos or videos for your own use. In such a case, you have to make sure that you are not violating any copyright or intellectual property rights.
You agree to indemnify and hold PGN and its subsidiaries, affiliates, officers, directors, agents, employees, partners, contractors and licensors liability free and harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of contents you submit, post, transmit, modify or otherwise make available through our Services, your use of our Services, your connection to our Services, your violation of this Terms of Service, or your violation of any rights of another.
Our Services allow you to generate and submit your content. You retain ownership of any intellectual property rights you hold in that content.
When you submit content to our Services, you give PGN (and our working affiliates) a worldwide license to store, back up and safe keep such content in accordance with the purpose of our Services. The rights you grant in this license are for the limited purpose of operating, promoting and improving our Services. This license continues even if you stop using our Services or close your account.
When your content (such as your voice messages) is stored within our Services, it is kept only for a limited amount of time and is restricted to some storage limit, and such limits may get modified. We understand that your content is important to you, and we will make reasonable efforts to maximize the availability of your content. However, we make no warranty or promise about potential loss, damage or unavailability of your content in our Services.
As part of our Services, we may offer various features whereby you can choose to submit your own content (text, audio, photo or video) to or for use by other members in our Services. If you do so, you agree that your submitted contents conform to the guidelines and principles described earlier under Use of Our Services. You also agree that your submitted contents do not violate the copyright of others. We reserve the right to review, investigate and make sole determination if your submitted contents violate the aforementioned guidelines. We also reserve the right not to publish or share your submitted contents solely at our discretion.
For your submitted contents, text, audio recordings, photos or videos, you retain intellectual property ownership. But you agree to give PGN (and our working affiliates) a worldwide license to store, back up, distribute and use these contents in accordance with the purpose of our Services. The rights you grant in this license are for the limited purpose of operating, promoting, marketing and improving our Services. This license continues even if you stop using our Services or close your account.
Our Services require downloadable software into your device. This software may update periodically as new versions or features become available. Update notifications will be sent to your device automatically.
PGN gives you a personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use the software provided to you. This license is solely for the purpose of enabling you to use our Services, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services and included software, nor may you reverse engineer or attempt to extract the source code of that software.
In using our Services, you agree to allow us to collect information in commonly known as analytics. Such information collected generally pertains to how our Services are being used statistically and generally is done is aggregate form. The data collected do not associate any personal information to the information collected. It is done primarily for the understanding of how our Services are being used and how they can be improved. For example, we may collect statistics to measure the popularity of each emotone, but the data collected do not include any information about an individual user's emotone usage.
Our Services are constantly changing and improving. We may add, modify or remove any functionality or feature within our Services, and we may even stop our Services completely. We may also impose, change or adjust any limits to your use of our Services at any time.
Our Services are provided based on a reasonable level of commercial skill and care, and we also believe that our Services will become valuable to you. However, the following disclaimers are important for you to read and understand.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, PGN MAKES NO SPECIFIC PROMISE ABOUT THE SERVICES. WE MAKE NO COMMITMENT ABOUT THE CONTENT OF OUR SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR AVAIALABILITY, RELIABILITY, OR ABILITY TO MEET YOUR NEEDS. OUR SERVICES ARE STRICTLY OFFERED “AS IS”.
FOR APPLICATIONS WHERE OUR SERVICES PROVIDE SPECIFIC CONTENT RELATED TO EVENTS, CLUBS, ORGANIZATIONS, GAMES, TOURNAMENTS OR SIMILAR ACTIVITIES, WE MAKE NO PROMISE OR GUARANTEE ABOUT SUCH INFORMATION RELATED TO THEIR FINAL ACCURACY OR VALIDITY OR CHANGES. SUCH INFORAMTION IS PROVIDED STRICTLY “AS AVAILABLE TO OUR SERVICES”.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES ABOUT OUR SERVICES.
WHEN PERMITTED BY LAW, PGN WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PGN, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE USE OF THE SERVICES.
IN ALL CASES, PGN, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
We may modify these terms or add new terms applicable to our Services at any time. Modification dates are explicitly posted on this page, and changes become effective immediately upon the posting of the modifications.
If it turns out that a particular term is not enforceable, it will not affect any other terms.
The laws of Delaware, U.S.A., will apply to any disputes related to these terms or the Services. All claims arising out of or relating to these terms or Services will be litigated exclusively in the courts of Delaware, U.S.A., and you and PGN consent to personal jurisdiction in those courts.
For complaints about copyright infringements or violations of these Terms of Service, please write to us at: Private Group Networks, P. O. Box 525, Navesink, NJ 07752, United States, or email us at: support@FTtheApp.com.