LongReply Terms of Use
Welcome to LongReply! Before you can use LongReply we need to define our relationship, yes it’s one of those talks but don’t worry there’s no “it’s not you, it’s me” line coming. However, please be aware that these “Terms of Use” (the “Agreement”) are a legal agreement between you and The Rocket Science Group, LLC, a Georgia limited liability company, (“MailChimp,” “we,” or “us”) an as such you should read them over carefully!
1. About. LongReply is a product of MailChimp Labs it is something that we are still experimenting with, so be aware that it may change forms or cease to exist at any time, but as of right now we have high hopes for it, though we won’t really know till its been properly peer reviewed by users like you. LongReply’s purpose is to let you compose messages that are more than 140 characters on Twitter (the “Service”) and is available to download from www.longrep.ly (the “Website.”)
2. Acceptance of Terms. In order to use the Service, you must first agree to the Terms. You may not use the Service if you do not accept the Terms. You accept the Terms by either:
a) clicking the button to download LongReply;
b) typing in your username, or other indication of your identity, which is deemed as a "signing" of this Agreement for all purposes under applicable law; or
c) actually using the Service.
3. Term and Termination. The "Term" is the time during which you are entitled to use the Service. Either party may terminate this Agreement, with or without cause, at any time by giving notice to the other party.
4. Eligibility. We require that any user to be at least eighteen (18) years of age. Your uploads may be deleted and your subscription may be terminated without warning, if we have reason to believe you are under eighteen (18) years of age. We reserve the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in our sole discretion.
5. Representations and Warranties. You represent and warrant that:
a) all of the information provided by you to MailChimp in order to participate in the Service is correct and current;
b) you have all necessary rights, power and authority to enter into and perform fully this Agreement;
c) you are using the Service for your personal use or if you are acting on behalf of another you are authorized by that individual or entity to use the Service on their behalf;
d) you are at least 18 years of age; and
e) your use of the Service will not violate any applicable laws or regulations.
6. Account and Password. You are responsible for maintaining the confidentiality of any account name and password provided to or created by you. You are solely responsible for uses of any account provided to you, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of any account of yours.
7. Proprietary Rights Owned by Us. You acknowledge that we own all proprietary rights in the Service, the Website and all software used to provide the Service, including, but not limited to, any patents, trademarks, service marks and copyrights.
8. Proprietary Rights Owned by You. You represent and warrant to us that you will not add or upload any content to the Service unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights. We acknowledge that you own all proprietary rights in the content you upload, transmit or store on your Account. We will not use any of your content for any purpose except as provided by this Agreement and our Privacy Policy.
9. General Rules. You agree that you will not:
- include in your replies any material, including, but not limited to, text and graphics, that you are not entitled to use or whose use would be in violation of any other party's rights, including, but not limited to, copyrights and privacy and publicity rights.
- publish any material that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.
- share your password.
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used or downloaded from the Website.
10. No Warranties. LongReply is still an experimental product and may change or become inactive at any time. Be aware that to the maximum extent permitted by law, the material on the Website and the Service are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.
11. Limitation of Liability. To the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the Website and the Service including any downloads from the Website. Under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages.
12. Indemnity. You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims not permitted under this Agreement due to a "Limitation of Liability" or other provision, that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website or the Services. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from allegations of conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement.
13. Assignments. You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity at our discretion.
14. Compliance With Law. In using the Services, you agree that you will comply with all applicable laws.
15. Applicable Law and Jurisdiction. This Agreement will be governed by the laws of the State of Georgia. Except as otherwise provided in this Section below, each of the parties agrees that any dispute related to this Agreement, the Privacy Policy or the Services, will be decided by the state and federal courts located in Fulton County, Georgia and that each party is subject to the jurisdiction of such courts. If, under applicable law relating to the selection of venue in Georgia, a case may not be brought in a court located in Fulton County, the case may be filed in a state or federal court of competent jurisdiction located in the State of Georgia.
16. Force Majeure. We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow downs over the internet or any third party internet service providers.
17. Survivability. The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
18. Severability. The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms of this Agreement.
19. Privacy Policy. You agree that we may access, collect, use and disclose your information as set forth in our Privacy Policy.
20. Further Actions. You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.
21. Notification of Security Breach. In the event of a security breach that may affect you we will notify you of the breach.
22. Amendments. No amendment or other change of this Agreement shall be effective unless and until the revised Agreement is posted by us on the Website.
23. Notices. Any notice to you will be effective when sent to the last email or physical address you have given us or posted on our Website. Any notice to us will be effective when delivered to us at 512 Means Street NE, Suite 404, Atlanta, GA, 30318.
24. Entire Agreement. This Agreement, including the Privacy Policy which is incorporated by reference herein, embody the entire agreement and understanding of the parties, and supersedes all prior agreements, representations and understandings between the parties, relating to the subject matter.
Updated: 02/02/2011