1. WELCOME TO SAYTV!
By using the SAYTV app, or any of our other products or services that link to these Terms (collectively referred to as the “Services”), you agree that i) that you are thirteen (13) years of age and the minimum age of digital consent applicable in your country, ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by these Terms. If you are between the minimum age of digital consent and the age of majority in your jurisdiction, you agree that your legal guardian has reviewed and agrees to these Terms. The Terms apply regardless of whether you are a user who registers for a SAYTV user account or if you are an unregistered user.
2. CHANGES TO THESE TERMS
SAYTV reserves the right to amend and/or update these Terms from time to time, which we may do for reasons that include, but are not limited to, complying with changes in law or reflecting any enhancements that are made to the SAYTV Services. If the changes affect your usage of the SAYTV Services, we will notify you at least seven (7) days prior to the changes taking effect. Unless you state otherwise, your continued use of the Services after we make any modifications will constitute your continued acceptance of and agreement to those changes. We will endeavour to secure your express consent to any amendment and/or update of these Terms.
4. RIGHTS TO USE THE SERVICES
You may not copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or lease any part of our Services, nor may you reverse engineer, decompile, disassemble or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.
5. YOUR ACCOUNT
To open a user account, you will be asked to provide us with certain information such as a username and password.
You are responsible for any activity that occurs in your SAYTV account. You are also solely responsible for ensuring your user account information is kept confidential at all times. You also agree that all information that you provide to SAYTV during registration and thereafter, is accurate, up-to-date and complete to the best of your knowledge. Additionally, you agree to notify us immediately if you have reason to believe that your log-in credentials have been compromised. You further agree that we will not be held liable for any loss or damage arising from any unauthorised use of your log-in credentials.
If you permit others to use your user account, although we advise you against doing so, you agree to these Terms on behalf of anyone else who uses the Services through your account and you are responsible for any activity performed through your account.
We may provide communications to you through a variety of channels such as, electronically, either through email, text or mobile push notifications or even through notices and messages on the App. You agree to receive communications through any of these channels. If we send direct marketing messages, we will ask for your consent first and allow you to opt out if you wish.
By using the Services provided by SAYTV and by providing information to us, you agree that we may communicate you with electronically regarding privacy, security and any administrative issues relating to your use of the Services, and that all agreements, notices, disclosures, and other communications that SAYTV provide to you electronically, satisfies any legal requirement that such communications are to be in writing.
Our Services allow you to send messages to other users. You agree that your use of the Services will not include sending any unsolicited marketing messages or broadcasts to other users. We endeavour to keep our Services free from unwanted spammers and use a variety of means to block such unwanted spammers from using the Services however if you believe that any spam has originated from the Service, please contact us immediately to notify us.
7. YOUR CONTENT
Our Services may allow you to create, upload, post, send, receive and store content on the App. Any data, text, graphics, photographs and their arrangement and other materials uploaded to the App by you is “Your Content”. We acknowledge and you represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without SAYTV incurring any third party obligations or liability arising out of its exercise of such rights and licenses.
By using the Services, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that SAYTV will not under any circumstances be liable for any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content. SAYTV reserves the right to remove and permanently delete Your Content from the Service with or without notice for any reason or no reason.
For all content that you submit to the Services other than public content, you agree to grant SAYTV a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute that content. This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
As public content refers to matters of public interest, you agree that the license you grant to us for this content is broader. For public content, you grant SAYTV all of the same rights you grant for non-public content in the previous paragraph, as well as a perpetual licence to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display public content in any form and in any and all media or distribution methods (now known or later developed).
8. INTELLECTUAL PROPERTY RIGHTS
All rights, title, interest in and to all materials that are part of the Services (which include but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files), with the exception of Your Content, collectively referred to as the “Service Materials”, are, as between SAYTV and you, owned by SAYTV and/or its third party licensors.
You acknowledge and agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Services or by accessing any Service Materials posted on the App by SAYTV, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by SAYTV and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.
9. RULES OF CONDUCT AND USAGE
SAYTV provides access to certain forums, communities or chat areas, messaging options (“Communication Methods”) so that you can communicate with other like-minded users. You acknowledge that SAYTV has no obligation to monitor these Communication Methods but may do so in order to provide you with the best Services. Your access to the Communication Methods may also be terminated or suspended at any time, without notice and for any reason. You agree that any user content on the Communication Methods is neither endorsed nor controlled by SAYTV.
SAYTV will not be liable for any activity that may occur within the Communication Methods under any circumstances. Additionally, SAYTV is not responsible for any information that you may choose to share in the Communication Methods or for the actions of any other users. You agree to comply with these Terms and any other additional restrictions or rules set forth on the App.
You agree not to post, upload, transmit or otherwise disseminate information that is against any of our guidelines. You also agree not to defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse any other users. You further agree not to upload or transmit any files that contain any viruses of any description.
You may not use the Services to share, post or otherwise communicate content which is objectionable, harmful or unwelcome to other users of the Services (“Objectionable Content”). Objectionable Content includes (a) hate speech or threats of violence or harm, (b) nudity or other sexually suggestive content, (c) violent or graphic content, (d) content promoting self-harm or other self-abuse, (e) spam, (f) impersonation of others, (g) spam, (h) any content which is or may be criminal in any relevant jurisdiction, and (i) any content which SAYTV may deem in its absolute discretion to be detrimental to the operation of the Services from time to time. SAYTV may publish more detailed community standards from time to time which may amplify or expand on the above categories of Objectionable Content in order to help our users best understand what to expect from participation in the communities we host and any such community standards will be deemed to be incorporated in these Terms by reference. If you engage in the sharing of Objectionable Content SAYTV reserves the right to suspend, block or permanently ban or otherwise terminate your account. If you engage in the sharing of Objectionable Content which is criminal in nature SAYTV reserves the right to report the matter to the relevant authorities in any relevant jurisdiction.
These rules of conduct are not intended to be exhaustive and we reserve the right to determine what conduct is considered to violate these terms and take action where required including but not limited to, the termination of your account and exclusion from further participation in the Communication Methods or any of our Services.
We would like to try and make it easy for you to report any Objectionable Content so that our Services and the communities we serve can be welcome and enjoyable for all. If you believe that anything on the Service constitutes Objectionable Content, please report it to us as soon as possible so we can resolve the matter. Please use the contact us section on our website or in-app to find out how you can report this to us.
10. COMPLIANCE WITH COPYRIGHT
SAYTV respects the intellectual property rights of others and therefore meets the requirements set out in the Copyright and Related Rights Act 2000 (the “2000 Act”) and any other applicable laws. SAYTV takes reasonable steps to remove any infringing materials from our Services that we may become aware of. If we become aware that a user is repeatedly infringing copyrights, we will take reasonable steps to remove this user from our Services.
We would like to try and make it easy for you to report any suspected copyright infringement. If you believe that anything on the Service infringes any copyright which you may own or control, please report it to us as soon as possible so we can resolve the matter. Please use the contact us section on our website or in-app to find out how you can report this to us.
We love to hear feedback from our users on their experience and welcome your comments regarding our Services. If you choose to provide feedback in the form of comments or suggestions for improvements in the Service (in either written or oral form) (“Feedback”), you represent and warrant to us that a) you have the right to disclose the Feedback, b) the Feedback must not violate the rights of any other user or person or entity, and your Feedback must not contain any confidential or proprietary information of any third parties.
If you choose to provide us with Feedback, you also agree that we are under no obligation to maintain confidentiality either express or implied, and you acknowledge that we may be already considering and/or developing something similar to your suggestion. By providing us with Feedback, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback and irrevocably waive, and cause to be waived, against us and our users any claims and assertions of any moral rights contained in the Feedback. Even if you decide to terminate your use of the Services with us, this Feedback section will survive any termination of your account. All rights granted by you which are set out in this section, are granted without the need for additional compensation of any sort to you.
12. THIRD-PARTY CONTENT
Some of the content on our Services may be produced by users, publishers, and other third parties. Whether that content is posted publicly or privately, such content is the sole responsibility of the person or entity that submitted it and we are not responsible or liable for their actions. We reserve the right to review or remove all or any content that appears on our Services. We may not have the opportunity to review it all and you acknowledge and agree to this.
We hope that you will continue to enjoy the SAYTV Services, however you can terminate these terms at any time by simply deleting your account. If you are availing of one of our subscription services, just let us know that you wish to cancel and we will sort out the rest.
SAYTV may also terminate these Terms with you at any time, for any reason and without prior notice. We may stop providing you with any of our Services, or impose new or additional limits to certain sections of the Services on your ability to use our Services.
You may as a result of the termination, lose your account and all associated information and data, including without limitation, your Say Bucks and any goods or third-party services you may have purchased through our Services. SAYTV is under no obligation to compensate you for any such loss.
Regardless of who may terminate these Terms, both you and SAYTV continue to be bound be certain sections of these Terms.
If you have a concern about our Services, please contact us and we will do our best to resolve the issue with you. You should be aware that some of our Services may have additional terms and conditions that contain dispute resolution provisions which are applicable to that Service or your jurisdiction.
15. DISCLAIMER OF WARRANTY
We will do our best to keep the Services up and running without any annoyances. Our Services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability fitness for a particular purpose, title and non-infringement. Your use of the Services are at your sole risk.
We will try our utmost to provide you with the best possible user experience, however, we cannot and do not represent or warrant that the Services will always be secure or free from error or that the Services will continue to function without delays, disruptions, imperfections or that any content, user content, or information that you obtain through the Services will be timely or accurate. These disclaimers shall apply to the extent permitted by the applicable law.
16. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAYTV, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICES OR OTHER MATERIALS ON, OR ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAYTV HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. SAYTV SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE IN WHICH YOU FIRST ASSERT A CLAIM OR B) THE SUM OF ONE HUNDRED (100) EUROS. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, SAYTV’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless SAYTV, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal costs, arising out of or in connection with (i) your use of and access to the Services; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any of Your Content or information in your account or any other information you post or share on or through the App.
As used in this section, “you” shall include anyone accessing the Services using your password.
18. SAYTV CURRENCY, VIRTUAL GOODS AND TERMS OF SALE
You may be charged fees for certain products and Services on the App. Our Services may include an opportunity to obtain a virtual currency, known as, Say Bucks (“Say Bucks”) or virtual goods (“Virtual Goods”) which may require you to pay a fee using legal tender to obtain Say Bucks and Virtual Goods. Your purchase of any Say Bucks and/or Virtual Goods is final and non-refundable, exchangeable, transferable, except in SAYTV’s sole discretion. You may not purchase, sell or exchange Say Bucks outside the Services. If you do so, this will be a violation of these Terms and may result in your account being terminated and/or legal action taken against you. SAYTV retains the right to modify, manage, control and/or eliminate Say Bucks and/or Virtual Goods as its sole discretion. The prices and availability of Virtual Goods are subject to change without prior notice. We have no liability to you or any third party for the exercise of such rights. As part of the Say Bucks that you have earned, purchased or otherwise obtained in a manner obtained by SAYTV, you shall have limited, personal, nontransferable, non-sublicensable permission to use them solely within our Services. You have no other right, title or interest in or to any such Virtual Goods or Say Bucks appearing or originating in the Services.
SAYTV reserves the right, with or without prior notice to, change descriptions or references to products/and or Services, to limit the available quantity of any service or product, to honour or refuse to honour any voucher, voucher code, promotional code or other similar promotions, and/or refuse to provide any user with use of the Services or with any product within the Services.
SAYTV may occasionally make errors in the stated prices on the App. If a product’s correct price is higher than the listed price, we will either confirm to you that we will provide the item at the price listed or cancel your order and notify you of any such cancellation.
SAYTV accepts all major credit cards, certain debit cards, PayPal and/or other payment methods which we may make available to you from time to time through our Services, as accepted forms of payment. We may also offer you the choice to make orders through thirdparty websites or another payment service. You agree to comply with their terms conditions and any requirements they may have.
By submitting an order to SAYTV, you authorise us, or our designated payment processor, to charge the account that you specify for the purchase amount. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information which you provided to us. We may also reserve the right to cancel a payment or prevent you from making future payments to us for any reason, including, without limitation, any of the following; i) if you attempt to use our Services in breach of any applicable law or regulations; ii) if you use our Services in breach of these Terms; iii) if we have reason to believe that there is fraudulent, unlawful or improper activity regarding a payment; iv) if we detect, in our sole discretion, that your payments have excessive disputes, or present a relatively high risk of losses; or v) failure to cooperate with any investigation or provide additional information that we may request from you.
If you have reason to believe that you are entitled to a refund, please contact us and we will do our best to provide you with a solution. Save in the case of any applicable mandatory statutory or other legal right to refund, all refunds are at the discretion of SAYTV.
19. DATA CHARGES AND MOBILE PHONES
As SAYTV is an iOS and Android live chat App, you may incur mobile charges such as, data charges when you use our Services. You are responsible for any such charges that are incurred. We would advise you to contact your mobile phone service provider for any charge related queries.
If you update your mobile phone number please update your account information within seventy-two (72) hours as we may need to contact you through your mobile phone number.
20. CHOICE OF LAW
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or their subject matter or formation shall be governed by, and construed in accordance with the laws of Ireland.
By agreeing to these Terms, you and irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
If any of the provisions of these Terms are found to be unenforceable, then such provision will be severed from these Terms and will not affect the validity and enforceability of any of the remaining provisions of these Terms.
22. FINAL TERMS
The final terms that govern our relationship with you are as follows:
23. CONTACT US
We’d love to hear from you! We welcome any comments, questions, concerns or suggestions you may have. You can get in touch using the Email: firstname.lastname@example.org