Terms of Service
Acceptance of the Service
Please read carefully these terms and conditions ("Terms of Service") as they apply to your use of the Oist! services, website and software (collectively referred to as "the Service") provided by the Developer. By using the Service, you agree to be bound by these Terms of Service and all the other applicable Oist! policies, procedures, and conditions.
The Service includes Text Messaging and Voice Messaging. The Service is available to iOS and Android smartphone users. A web client is also available.
These Terms of Service apply to all users of the Service. Users of the Service may present links to retailers and access to products and services of independent third parties, such as advertisers, either directly or via links to websites operated by such third parties. Such products or services may be purchased and/or obtained directly from such third parties. You acknowledge and agree that the Developer and its business partners shall not be a party to, or in any way responsible or liable for, directly or indirectly, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties. You should direct any concerns regarding these third-party websites to those websites' administrators.
Any use of the Service in violation of or not in strict compliance with this Terms of Service shall constitute automatic termination of the license to use the Service, and shall equally constitute a bar to your access and use of the Service. In addition, the Developer may exercise any and all rights and remedies it may have.
In order to access and use the features of the Service, you acknowledge and agree that you will have to provide the Developer with either your mobile phone number or allow the Developer to access your Facebook ID, name, and email address. You expressly acknowledge and agree that in order to provide the Service, the Developer may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to the Developer to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. You must notify the Developer immediately of any breach of security or unauthorized use of your mobile phone. Although the Developer will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Developer or others due to such unauthorized use.
Intellectual Property Rights
You do not and will not possess and may not exercise any ownership rights over the Service, any or all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components and may not exercise any rights over the same other than as specifically granted by this Terms of Service. Specifically, you may not use in an unintended manner, copy, distribute, reverse-engineer, decompile or disassemble the Service, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components.
"Oist!" is a registered trademark of the Developer. All other trademarks, trade names, service marks, service names are the property of their respective holders. The Oist! Service is not endorsed by nor affiliated with Facebook.
Third-Party and User-Posted Content
The Developer is not responsible for any opinions or statements expressed by you. Any opinions or statements expressed by you are yours alone, and are not attributable to the Developer. The Developer cannot and does not assume responsibility for the accuracy, validity, completeness, reliability, legality and safety of any information or content that has been written, posted, displayed, or otherwise made available by you.
By posting or displaying any information or content on the Service, you automatically grant the Developer and represent that you have the right so to grant, a perpetual, non-exclusive, fully-paid worldwide license to copy, use, publicly display and distribute said information and content, and to create derivative works therefrom. Any information and content posted, or otherwise made available, on the Service shall not be deemed confidential or secret information.
The Service may not be used to upload or transmit any items that are illegal, harmful, harassing, defamatory, vulgar, sexually explicit, libelous or otherwise objectionable. You may not use the Service to breach or misappropriate any intellectual property rights of a third person or for any illegal activities. All information, both publicly posted and privately transmitted, are the sole responsibility of the person who sends or posts such items. You are responsible for all information uploaded, posted, transmitted, or otherwise made available via the Service. The Developer shall have the right to monitor materials posted and shall have the right to remove any material that in its opinion violates any law or these Terms of Service, although the Developer has no obligation to any person to do so. YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU HAVE POSTED AND TRANSMITTED IN PRIVATE SMS OR VOICE MESSAGES.
You may not engage or assist in the displaying, posting, distribution or reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the rightful owner. If you believe your work has been posted, or copied, without your consent, please report it to us immediately.
You understand that when using the Service you will be exposed to messages from a variety of sources, and that the Developer is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such messages, and that such messages are not the responsibility of the Developer. You further understand and acknowledge that you may be exposed to messages that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Developer with respect thereto, and agree to indemnify and hold the Developer, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
The Developer permits you to link to materials on the Service for personal purposes only. The Developer reserves the right to discontinue any aspect of the Service at any time.
Availability, Modifications and Reduction of Software Functionalities
You acknowledge and agree that the Developer may, at its sole discretion, at any time, without prior notice and without liability to you or third party, limit, deny, create varying priorities or access to different users or different levels of service, update, modify or terminate, temporarily or permanently some or all of the functionality of the Service. You acknowledge and agree to assume all risks relating to or arising out of such acts by the Developer to the exclusion of the Developer.
No Unlawful or Prohibited Use
You shall not use the Service for any purpose that is unlawful or prohibited by this Terms of Service. You may not use the application to: (a) promote or advertise any unlawful or illegal activity or purpose, including any activity that could give rise to criminal or civil liability; (b) infringe on the copyright, patent, trademark, service mark or any other rights of any person or entity; (c) cause harm to minors in any manner; (d) upload, post or transmit any material that is unlawful, illegal, obscene, vulgar, defamatory, harassing, threatening, libelous, objectionable racially or otherwise, or invasive of the privacy of another; (e) carry out any unauthorized alteration of any data or information on or supplied by another user; (f) upload, post, or transmit any unsolicited communications (or "spam"), or any other unauthorized communication, advertisement, or promotion; (g) distribute or transmit any software viruses or other computer code designed to interfere with the functionality of any computer, hardware, software, server, network or other equipment or devices; (h) impersonate or misrepresent any person or entity; or (i) collect, store, transmit, exchange or otherwise distribute the personal information of any users of the Service.
You may not attempt to gain unauthorized access to any Developer service, or computer systems or networks connected to any Developer service through data mining, hacking, robots or any other means. You shall not use the Developer or the Service in any manner to harm, immobilize, overload, or impair the Service or interfere with any other party's use and enjoyment of the Service. The Developer reserves the right, in its sole discretion, to terminate your access to the Service at any time, with or without cause and without notice.
You agree to indemnify, defend and hold harmless the Developer its agents, employees, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, licensors and assigns from and against any and all liabilities, claims, actions, demands, causes of action, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising from or concerning: (a) your use of the Service, and (b) the breach by you of any of the terms in this Terms of Service.
Termination and Cancellation of Service
Disclosure of Risks by Developer and Users' Assumption of Such Risks
The Developer hereby disclaims any representation or warranty that the Service will be available on an uninterrupted basis or will operate without error. The Service should not be used for the transmission or reception of messages that contain confidential or any other sensitive matters, or messages that if delayed or not received may result in damage or loss. If you uses the Service for any such messages, you assume all risks thereof to the exclusion of the Developer.
Responsibility for Activity on Account
You agree to be responsible for any activity conducted through the Service, including charges incurred. In the event that you become aware of any unauthorized activity on your Oist! account, you shall notify the Developer immediately at email@example.com.
Charge for Use
For areas or countries supported by a local network operator, the Service may be subject to the customary tariffs imposed and charged by the local network operator. Your use of the Service signifies your agreement to pay all applicable charges.
Disclaimer of Warranties
THE DEVELOPER HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE TO THE EXCLUSION OF THE DEVELOPER.
Limitation of Liabilities
THE DEVELOPER WILL NOT BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES, HOWEVER CLASSIFIED OR CATEGORIZED, ARISING OUT OF OR RELATED TO THE USE OR NON-USE, MISUSE, AVAILABILITY OR RELIANCE ON THE SERVICE NOTWITHSTANDING THE FACT THAT THE DEVELOPER MAY HAVE BEEN INFORMED OR NOTIFIED OF THE POSSIBILITY OF THE INSTANCE OF SUCH DAMAGES. IN NO EVENT WILL THE DEVELOPER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
Amendment of Terms and Conditions
The Developer may, at its sole and exclusive discretion, amend, modify, vary or altogether change the terms and conditions of this Terms of Service. Your continued use of the Service following the posting of changes to this Terms of Service means you accept these changes.
Choice of Law and Forum
Subject to the other provisions of the Terms of Service, the Developer may assist with any queries or problems that you may have with the usage of the Service. Please send your inquiries by email to firstname.lastname@example.org.
You agree to defend, indemnify and hold harmless the Developer, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Developer without restriction.