Last update: December 13, 2012
You will not sell, assign, rent, lease, copy, distribute, export, import or act as an intermediary or provider, or otherwise grant rights to third parties with regard to the eBuddy Services or any part thereof.
You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the eBuddy Services or any part thereof, unless mandatory law explicitly determines otherwise.
2. Provision of information and eBuddy ID
You agree and acknowledge that in order to use the Service you may be required to provide eBuddy with personal data such as your telephone number as well as the telephone numbers of third parties you wish to connect with. If you decide to create an eBuddy ID you will also provide other personal data. You guarantee that all information you provide to eBuddy is accurate, true and complete. You are therefore not allowed to, inter alia, use telephone numbers of other people without their prior consent and/or to create an eBuddy ID in the name of someone else. You yourself are responsible and liable for all use that is made of the Services through your devices and/or your Account. As soon as you know or have reason to assume that a your device and/or your eBuddy ID has come into the hands of unauthorised persons, you should inform eBuddy of this notwithstanding your own obligation to take immediate effective measures yourself such as for instance changing your password.
eBuddy is not responsible and can not be held liable for any unauthorized access and/or use of your eBuddy ID and/or the Service through your device.
3. Local law
eBuddy makes no guarantee that the Service is appropriate to use in locations outside the Netherlands. You are solely responsible for whether your use of eBuddy Services complies with your local law. The laws of the Netherlands apply to all use of the Service as well the agreement between you and eBuddy Any and all disputes which may arise out of and/or are in connection with this agreement or the use of the Service or visiting eBuddy shall be submitted to the competent Court of Amsterdam, the Netherlands unless another competent court has been prescribed by mandatory (international) legal rules.
4. Acceptable use policy
You agree that you solely use eBuddy Services for lawful purposes. You acknowledge and agree that eBuddy merely offers you the technical possibility to publish, share or transmit content and information. eBuddy has no knowledge of these communications and/or content and therefore accepts no responsibility or liability for any communications and/or content published, shared and/or transmitted by means of the Service. You acknowledge and agree that you remain solely responsible and liable for the communications and content that you share or transmit using the eBuddy Services and that you hold all (intellectual property) rights in the content and/or communications shared, published or transmitted by means of the Services or that you have obtained the permission from the third party that holds the (intellectual property) rights.
You may not use the Service to do any of the following:
- send any unsolicited mass mailings (e.g., “spam” or “spim”);
- collect or store personal information from other users other than the information collected during the normal course of using the Service. (e.g. “phishing”);
- threaten or harass any person or entity;
- infringe on any other user’s and/or third party’s (intellectual property) rights;
- expose any person to material that is obscene, unlawful, defamatory, libelous, hateful, racially or ethically offensive, harmful to minors, illegal or encourages criminal behaviors;
- impersonate another person or entity;
- send any material containing Trojan horses, viruses, worms or other harmful or destructive items;
- commence or encourage any activity that breaches the law, public morality or public order.
Furthermore, you may not do any of the following:
- hack or gain unauthorized access to any eBuddy server, network or hardware of eBuddy or any other person or entity
- use the Service in any way that could overload, damage, disable, disrupt or harm the Service or any eBuddy server, or the network(s) associated to any eBuddy server or interfere with any other user’s use of the Service;
- adapt, modify or reverse engineer any of our systems or protocols;
- launch or use any automated system, including but not limited to “spiders”, “robots”, “load testers” etc. that sends more messages to the eBuddy servers in a certain time frame than a person can reasonably produce in the same amount of time using the eBuddy Services;
- register user accounts using any automated process; or
- reformat, resell, or redistribute the Service in any way without the explicit consent of eBuddy in writing.
You agree that eBuddy might force limits on the use of eBuddy services and/or terminate your use in order to ensure “fair use” and guard the eBuddy Services and its network.
5. Third parties
Certain eBuddy Services allow you to use third-party Instant Messaging (IM) services, Social Networks (SN) and applications. The use of any of these third party services is subject to the terms and conditions of these services.
By using a third party website, you may interact with vendors. All such interaction, correspondence, promotion or purchase - as well as the delivery or and the payment for consumer and/or business products and services - and all other terms, conditions, warranties or representation related to such interaction, purchase or promotion, is entirely between you and the applicable third party. You agree that eBuddy is not liable in any way whatsoever for direct or indirect damages as a result thereof.
You acknowledge that the availability of the Service can be dependent on third party app stores such as the Apple App store, Blackberry Appworld or the Android market. You agree that your license to use eBuddy relies upon your compliance with all applicable third party licenses. Furthermore, you agree to pay all license fees (if any) charged by the respective app store.
6. Limitation of Liability
eBuddy does not accept any liability for damage as a result of an attributable failure in the performance of the agreement to provide the Service including, but not limited to damage resulting from or in connection with the use of the Service or the impossibility of using it and/or pursuant to an unlawful act or otherwise insofar as this is allowed under mandatory law.
The only remedy that you have if you think that you have suffered damage is to discontinue the use of the Service and/or to cancel your eBuddy ID.
- all reasonable costs incurred by you in order to prevent or limit any direct damages as meant in this paragraph;
- all reasonable costs incurred by you in order to establish the nature and scope of the direct damages as meant in this paragraph.
The total compensation to you for any direct damages as meant in this paragraph shall in no event exceed EUR 5.000,--.
To the maximum extent permitted by applicable law, in no event shall eBuddy be liable for any special, incidental or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for loss of privacy arising out of or in any way related to the use of or inability to use the Services), even if eBuddy has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
The above limitation of liability in this paragraph shall cease to apply if and insofar as the loss is due to eBuddy’s willful intent or gross negligence.
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.
7. Disclaimer of Warranty
The eBuddy Services are provided “as-is”. You agree that the use of the eBuddy Services is at your sole risk to the maximum extent permitted by law. eBuddy disclaims all warranties, whether statutory, express or implied with respect to the eBuddy Services including but not limited to the performance, fitness for use, merchantability, title, non-infringement, quiet enjoyment or accuracy of the Service. eBuddy does not warrant that the eBuddy Services will meet your requirements, will be available on a timely, uninterrupted secure or error-free basis or that the Service will operate without message or packet loss. Furthermore, eBuddy does not warrant any connection (mobile or fixed) to the internet nor does eBuddy warrant the reliability, quality or accuracy of the Service.
eBuddy is entitled to put the Services (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay compensation to you if in eBuddy’s opinion this is necessary for instance in connection with the reasonably required maintenance of the Service.
eBuddy is entitled without any prior notification, to apply procedural and technical changes and/or improvements to the Service.
9. Termination of access to the eBuddy Services
You are entitled to terminate the agreement between you and eBuddy at any time by discontinuing the use of the Service and/or to terminate your eBuddy ID.
Upon termination of the agreement between you and eBuddy for any reason all licenses and rights to use the Service shall terminate and you will cease any and all use of the Service.
All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the agreement between you and eBuddy including without limitation, all of your representations, warranties and indemnification obligations.
It is important that, depending on the country you are in, special legal rules may apply to children and minors.
No part of the Service is directed or structured to attract children under the age of thirteen (13). eBuddy does not intentionally gather information from visitors or users who are under the age of thirteen (13).
11. Copyright and trademarks
All intellectual property rights with regard to the Service, including but not limited to the intellectual property rights to the texts, images, design, photographs, software, audiovisual material and other materials are vested in eBuddy and/or their licensors.
“eBuddy”, “XMS” and the eBuddy logo are registered trademarks of eBuddy B.V. All content included on eBuddy, such as text, graphics, logos, button icons, images and software, is the property of eBuddy and protected under (among others) international copyright laws.
Windows, MSN, MSN Messenger, Windows Live and Windows Live Messenger (WLM) are registered trademarks of Microsoft Corporation. AOL and AIM are registered trademarks of America Online, Inc. (AOL). Yahoo! and Yahoo! Messenger are registered trademarks of Yahoo, Inc. Google Talk (GTALK) is a registered trademark of Google, Inc. Facebook and Facebook Chat are registered trademarks of Facebook, Inc. Hyves is a registered trademark of Startphone Ltd. ICQ is a registered trademark of ICQ LLC.
eBuddy is not affiliated in any way with Microsoft, AOL, Yahoo, Google, Facebook, Startphone or ICQ.
It is not allowed to remove, make illegible, hide or change notices with regard to intellectual property rights.