TERMS OF SERVICE

 

ACCEPTANCE OF TERMS OF SERVICE

The webpages available at https://plus.im and all linked pages ("Site"), are owned and operated by SHAPE ("SHAPE"), and is accessed by you under the Terms of Service ("Terms of Service").

 

By accessing and using the Services, you agree to be bound by these Terms of Service. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE, DO NOT USE THE SERVICES IN ANY MANNER. SHAPE reserves the right to limit or terminate your access to the Services if you do not comply with these Terms of Service.

 

MODIFICATIONS OF TERMS OF SERVICE

SHAPE reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Service at any time, with or without notice to you. Please check these Terms of Service periodically for changes. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. Further, these Terms of Service apply exclusively to your access to, and use of, the Site and are in addition to the terms or conditions of any other agreement you may have with SHAPE for products, services or otherwise.

 

DESCRIPTIONS OF SERVICE

Subject to full compliance with the Terms of Service, SHAPE may offer to provide certain services and data, as described more fully on the Site ("Services"). Services shall include, but not be limited to, any service and data SHAPE performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, messages, information, data, images, voice clips, also known as the "Data”) on the Site. SHAPE may change, suspend or discontinue the Services including any Data for any reason, at any time, including the availability of any feature or Data. SHAPE may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

 

PRIVACY POLICY

SHAPE believes in protecting user privacy. Users of the Site should refer to our Privacy Policy for information about how SHAPE uses and collects information on the Site. By using the Services, you are consenting to the terms of our Privacy Policy.

 

COPYRIGHTS AND TRADEMARKS RIGHTS

IM+ and SHAPE are trademarks of SHAPE and may not be copied, imitated or used, in whole or in part, without the prior written permission of SHAPE.

 

All other trademarks, registered trademarks, trade names, service marks, product names and company names or logos mentioned or contained on the Site are the property of their respective owners. THIS WEBSITE IS NOT AFFILIATED WITH OR ENDORSED IN ANY WAY WITH MICROSOFT CORPORATION, AMERICA ONLINE INC., YAHOO INC., GOOGLE INC., FACEBOOK INC., JABBER SOFTWARE FOUNDATION, MYSPACE Inc. or SKYPE COMMUNICATIONS S.A.R.L.

 

LIMITATION OF LIABILITY

Instant messaging services are not designed for transmitting secret, confidential, vital or any other important Data. Please do not use Service for transferring such kind of Data.

 

SHAPE PROVIDES THIS WEB SITE, SERVICES, DATA, AND ALL INFORMATION "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.

IN NO EVENT WILL SHAPE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM LOSS OF USE, DATA, PROFITS OR CONFIDENTIALITY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR INFORMATION AVAILABLE FROM THE SERVICES.

 

SHAPE reserves the right to, but has no obligation to, monitor or screen the Data transmitted through, displayed or posted through the Services and to remove any Data in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE DATA OF THE MATERIALS YOU TRANSMIT, DISPLAY OR POST THROUGH THE SERVICES.

 

THIRD PARTY SERVICES

The Services may provide links to third party Services or resources that are not under the control of SHAPE. You further acknowledge and agree that SHAPE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Data, goods or services available on or through any such site or resource.

 

PROHIBITED ACTIVITIES

You may not use the Services to do any of the following:

 

  1. harass or advocate harassment of another person or entity;
  2. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
  3. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
  4. post data that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  5. send or otherwise post unauthorized commercial communications (such as spam)l;
  6. collect or store any information about other users or members, other than in the normal course of using the Services for their intended purpose of facilitating voluntary communication among users;
  7. transmit any destructive, malicious or harmful item like “virus”, “worm”, “trojan”. or similar;
  8. solicit login information or access an account belonging to someone else.

 

You may not do any of the following to the Services:

  1. use the Services in any manner that could damage, disable, overburden, disrupt or impair the Services or any SHAPE server, or the network(s) connected to any SHAPE server, or interfere with any other party's use and enjoyment of the Services;
  2. disobey any applicable policies or regulations of networks connected to the Services;
  3. modify, adapt, translate or reverse engineer the Services
  4. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services;
  5. frame the Services or reformat them in any way;
  6. create user accounts using any automated means or under false pretenses.

 

LICENSE AND CONFIDENTIAL INFORMATION

All messages, information and materials, whether transmitted, are the sole responsibility of the person who sends it. Accordingly, you are responsible for all items that you send, get, upload or download via the Services.

 

SHAPE will use reasonable endeavours to ensure that all possible and necessary measures and relevant controls are in place in order to protect the confidentiality and security of your data.

 

GENERAL INFORMATION

SHAPE GmbH is established at Fritz-Elsas-Str. 50, D-70174, Stuttgart, Germany.

 

The laws of Germany are applicable and any dispute which may arise out or which is in connection with this Terms of Service or the use of the website shall be exclusively submitted to the competent Court of Stuttgart, Germany.