Welcome to Beyluxe Messenger
END-USER LICENSE AGREEMENT
FOR BEYLUXE SERVICES
SOFTWARE PRODUCT
LICENSE/MODIFICATION OF THE
EULA The sole property belongs to Hi Chatters s.r.l The SOFTWARE may not be duplicated, sold, distributed or utilized in any manner not described herein without the prior written consent of Hi Chatters s.r.l Parties interested in licensing the SOFTWARE for other than personal use should contact Hi Chatters s.r.l Hi Chatters s.r.l,
reserves the right to modify
the terms of this EULA,
including, but not limited
to, adding fees and charges
for use of all or any
portion of the SOFTWARE. Any
changes, additions, or
deletions shall be effective
immediately upon notice to
you, which may be given by
any means, including, but
not limited to: Your use of Beyluxe after such notice has been given to you shall be deemed to constitute acceptance of such changes, additions, or deletions. REFUNDS AND REBATES EQUIPMENT USED WITH
BEYLUXE All versions of the SOFTWARE are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The sole property belongs to Hi Chatters s.r.l The SOFTWARE may not be duplicated, sold, distributed or utilized in any manner not described herein without the prior written consent of Hi Chatters s.r.l Parties interested in licensing the SOFTWARE for other than personal use should contact Hi Chatters s.r.l at copyright@Beyluxe.com. GRANT OF LICENSE Installation and Use: Reproduction and
Distribution: Copies of Beyluxe Communicator may be distributed as a standalone product or included with your own product as long as these copies are not sold or included in a product or package that intends to receive benefits through the inclusion of this part of the SOFTWARE. Beyluxe Communicator may be included in any free or non-profit packages or products. RESTRICTIONS LIMITATIONS RENTAL SEPARATION OF
COMPONENTS SOFTWARE TRANSFER REPLACEMENT,
MODIFICATION AND UPGRADE OF
THE SOFTWARE TERMINATION SUPPORT SERVICES Assisted support for the SOFTWARE is available by contacting the Online Support Staff. This assistance is provided to you free of charge and Hi Chatters s.r.l expressly disclaims any warranty for the support quality and any advice is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of the provided support remains with you. For more information on the SOFTWARE, visit the Beyluxe website at www.beyluxe.com STORAGE/MESSAGE
LIMITATIONS COPYRIGHT DISCLAIMER OF
WARRANTIES YOU EXPRESSLY AGREE THAT USE OF Beyluxe Communicator IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF Beyluxe Communicator IS GIVEN OR ASSUMED BY Hi Chatters s.r.l ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. Hi Chatters s.r.l MAKES NO WARRANTY THAT Beyluxe Communicator WILL MEET YOUR REQUIREMENTS, OR THAT Beyluxe Communicator WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NO LIABILITY FOR
DAMAGES REGISTRATION Hi Chatters s.r.l reserves all rights to start charging for using this product or any related services at any time without a previous notice. UNINSTALL CHAT SERVICE CHILDREN UNDER 13 PROHIBITED ACTIONS 1- harass, threaten,
abuse, defame, embarrass or
cause distress or discomfort
upon another
Beyluxe
participant; CERTAIN RISKS IF YOU PUBLISH PERSONAL INFORMATION, THERE IS A POSSIBILITY THAT THIRD PARTIES COULD HARASS YOU, ATTEMPT TO CONTACT YOU, AND, TRY TO HARM YOU. THEREFORE, IT IS IMPORTANT THAT YOU CAREFULLY CONSIDER THE RISK BEFORE DISCLOSING AND PUBLISHING PERSONAL INFORMATION AND THAT YOU UNDERSTAND THAT ANY SUCH DISCLOSURE AND PUBLISHING ARE MADE BY YOU AT YOUR OWN RISK. You should also note that the file transfer, the private calls and the webcam conferences you establish on or through Beyluxe will be stamped with your IP address, thus allowing third parties to view it, and/or use it for harmful, unlawful, or distressing purposes. Without limitations to the generality of the aforesaid and foregoing, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, Beyluxe Communicator as, like most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Beyluxe Communicator and the Internet in general, you may be subject to various risks, including among others eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information received or delivered on and through Beyluxe Communicator may be subject to other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. Beyluxe Communicator is not different than other applications in this respect. INFORMATION THE INFORMATION ON
BEYLUXE COMMUNICATOR MAY
INCLUDE INAPPROPRIATE
MATERIAL. BY ENTERING
BEYLUXE COMMUNICATOR YOU
UNDERTAKE FULL
RESPONSIBILITY FOR: HI CHATTERS S.R.L DOES NOT
WARRANT OR GUARANTEE: 2- that the Information received on or through Beyluxe Communicator will not contain adult-oriented material, or material which some individuals may deem objectionable; 3- that the functions or services performed by Hi Chatters s.r.l will be uninterrupted or error-free or that defects in Beyluxe Communicator will be corrected. It is the sole responsibility of the user to isolate software and Information, execute anti-contamination software and otherwise take steps to ensure that software or Information, if contaminated or infected, will not damage user's information or system. HI CHATTERS S.R.L MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH BEYLUXE COMMUNICATOR FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THE USERS. THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH BEYLUXE COMMUNICATOR IS NOT REVIEWED, CONTROLLED OR EXAMINED BY HI CHATTERS S.R.L IN ANY WAY BEFORE IT APPEARS ON BEYLUXE COMMUNICATOR. HI CHATTERS S.R.L DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR MESSAGES AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR MESSAGES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). IN NO EVENT SHALL HI CHATTERS S.R.L BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF BEYLUXE COMMUNICATOR EVEN IF HI CHATTERS S.R.L SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU. In no event shall Hi Chatters s.r.l be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the Information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the content of messages. ROOMS MONITORING MISCELLANEOUS (a) make improvements, corrections, adaptations, conversions and/or any other change in the SOFTWARE and to any part thereof and/or to a revised or new Terms of Use; (b) change, limit, terminate or cease to provide at any time, temporarily or permanently, the SOFTWARE functionality or any part thereof, including but not limited to, to any room, nickname or robot, to all users or any number thereof including without limitation, the access to Beyluxe Communicator and or the web site granted to you or to any other user, at any time, including but not limited while you are chatting or sending or delivering Information, without notice, for any reason or no reason; (c) conduct scans for unsecured proxies, Trojan horses, viruses or any other means for interrupting the normal flow of information on Beyluxe Communicator and deny or reject any connection to Beyluxe Communicator of any user or any number thereof, using such unsecured proxies, Trojan horses, viruses or any other means of interrupting the normal flow of information on Beyluxe Communicator; (d) nominate any person who may not be an Beyluxe employee to monitor, using his own discretion, any chat room and to allow him to deny or terminate access granted to you or any other user, without notice, at anytime, including while you are chatting or delivering or sending information. Beyluxe may cancel such nomination, at any time for any reason or no reason; (e) refrain from publishing on this Site and delete from this Site any Information or material provided for display or sent or delivered from any user; (f) establish a new operating and usage policy for Beyluxe Communicator and change it at any time for any reason or no reason; (g) cancel, change, hold, de-list, introduce different options and features to different users or refrain from publishing Beyluxe numbers or any other details of the users using Beyluxe Communicator, at any time. 2- Hi Chatters s.r.l may change from time to time, the Terms of Service including these Terms of Use. You agree that your use of Beyluxe Communicator and any other services, beyond a period of 30 days after a notice of such change has been provided on the Beyluxe network or Web site for the first time, shall constitute your consent to the new or revised Beyluxe Terms of Service. 3- In case of contradiction between any provision of the End User License Agreement ("EULA") and any provision of this document, the provision of the EULA shall prevail, unless the provision of this document reflects narrower responsibility on behalf of Hi Chatters s.r.l than the relevant provision of the EULA. In case of contradiction between any provision of this document and any provision of the help file or other Beyluxe help file, or the Usage Notices the provision of this document shall prevail, unless the provision of the Beyluxe help file or usage notices reflect narrower responsibility on behalf of Hi Chatters s.r.l than the relevant provision of this document in which case the narrower provisions will control. 4- Any reference made in this document to Hi Chatters s.r.l shall be deemed to have been made to Hi Chatters s.r.l, its subsidiaries, successors, assignees, affiliates as well as any company that controls Hi Chatters s.r.l, directly or indirectly, and any other subsidiary of that controlling company. GOVERNING LAW AMENDMENTS 5- The most recent and complete End User License Agreement (EULA) is available at www.beyluxe.com. In case of any conflict between any terms in the EULA that is distributed with the program and the EULA at www.beyluxe.com, then the EULA at www.beyluxe.com will be controlling. In enforcing, interpreting and for all other purposes, this Agreement will be governed by the substantive laws of the State of Florida and in the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of the federal and state courts located in the State of Florida, County of Sunrise. If a court determines any remedy provided to you under this Agreement has failed of its essential purpose, the limitations of liability and exclusion of damages and warranties above shall not be affected and remain in full force and effect |