END-USER LICENSE AGREEMENT FOR BEYLUXE SERVICES
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity, hereafter referred to as "You") and the mentioned author (One Chat S.R.L) of the website hosted on www.beyluxe.com, its subdomains and all software downloaded from this mentioned site and its subdomains including but not limited to Beyluxe Messenger (the "SOFTWARE), which include computer software, access to Beyluxe online services, and associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT").By accessing, installing, copying, or otherwise using the SOFTWARE or any portion thereof, you agree to be bounded by the terms of this EULA. If you do not agree to the terms of this EULA, do not access, install or use the SOFTWARE or any portion of the SOFTWARE.
SOFTWARE PRODUCT LICENSE/MODIFICATION OF THE EULA
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 One Chat 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 One Chat S.R.L
Parties interested in licensing the SOFTWARE for other than personal use should contact One Chat S.R.L
One Chat 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: (a) online posting through popup messages on Beyluxe, or (b) online posting at www.beyluxe.com, or (c) sending by electronic or conventional mail to any address here provided by you to One Chat S.R.L
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
Please note that One Chat S.R.L will not refund or rebate any portion of any purchase price or fees paid to One Chat S.R.L in connection with the use of the SOFTWARE or any associated products or services, except as required by the laws of the United States of America or the state of Florida, regardless of whether or not you chose to use the SOFTWARE, associated products, or services, or you are prevented from doing so because of a violation of this EULA.
EQUIPMENT USED WITH BEYLUXE
You agree that You shall be responsible for obtaining and maintaining all telephone, computer hardware, or other equipment needed for access to Beyluxe and all charges related thereto. You agree that One Chat S.R.L will not be responsible for any damages to such equipment arising from the use of the SOFTWARE or any portion of the SOFTWARE. SOFTWARE LICENSE
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 One Chat 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 One Chat S.R.L Parties interested in licensing the SOFTWARE for other than personal use should contact One Chat S.R.L at [email protected].
GRANT OF LICENSE
This EULA grants you the following rights:
Installation and Use:
You may install and use an unlimited number of copies of the SOFTWARE.
Reproduction and Distribution:
You may reproduce and distribute an unlimited number of copies of Global MSG Communicator but not any other part of the SOFTWARE including but not limited to the beyluxe.com website contents and materials; provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA.
Copies of Global MSG 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.
Global MSG Communicator may be included in any free or non-profit packages or products
You must maintain all copyright notices on all copies of the SOFTWARE.
You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent or lease or lend the SOFTWARE.
SEPARATION OF COMPONENTS
The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.
You may permanently transfer all of your rights under this EULA one time, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity), you do not receive any payment or other compensation for transferring the SOFTWARE and the recipient agrees to the terms of this EULA. If the SOFTWARE portion is an upgrade, any transfer must include all prior versions of the SOFTWARE.
REPLACEMENT, MODIFICATION AND UPGRADE OF THE SOFTWARE
One Chat S.R.L reserves the right to replace, modify or upgrade the SOFTWARE at any time by offering you a replacement or modified version of the SOFTWARE or such upgrade and to charge for such replacement, modification or upgrade. Any such replacement or modified software code or upgrade to the SOFTWARE offered to you by One Chat S.R.L shall be considered part of the SOFTWARE and subject to the terms of this EULA (unless this EULA is superseded by a further EULA accompanying such replacement or modified version of or upgrade to the SOFTWARE). In the event that One Chat S.R.L offers a replacement or modified version of or any upgrade to the SOFTWARE, (a) your continued use of the SOFTWARE is conditioned on your acceptance of such replacement or modified version of or upgrade to the SOFTWARE and any accompanying superseding EULA and (b) in the case of the replacement or modified SOFTWARE, your use of all prior versions of the SOFTWARE is terminated.
Without prejudice to any other rights, the Author of this Software (One Chat S.R.L) may terminate this EULA if you fail to comply with any terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
One Chat S.R.L, may provide you with support services related to the SOFTWARE ("Support Services"), in its discretion. Use of Support Services, if any, is governed by the One Chat S.R.L, policies and programs described in the user manual, in "online" documentation, and/or other One Chat S.R.L, provided materials. Any supplemental software code provided to you as a part of Support Services shall be considered part of the SOFTWARE and subject to the terms of this EULA. With respect to technical information you provide to One Chat S.R.L, as part of the Support Services, One Chat S.R.L, may use such information for its business purposes, including for product support and development. One Chat S.R.L will not utilize such technical information in a form that personally identifies you except to the extent necessary to provide you with support.
Assisted support for the SOFTWARE is available by contacting the Online Support Staff. This assistance is provided to you free of charge and One Chat 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
The amount of storage space per user is limited. Some messages may not be processed due to space constraints, inbound or outbound message limitations. You agree that One Chat S.R.L is not responsible or liable for the deletion or failure to process or store messages. One Chat S.R.L shall have no obligation to maintain any content in your account or to forward messages to you or any third party.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by the Author of this Software: One Chat S.R.L The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material.
DISCLAIMER OF WARRANTIES
The Author of this Software (One Chat S.R.L) expressly disclaims any warranty for the SOFTWARE. The SOFTWARE and any related documentation or other products or services of One Chat S.R.L, all of which are 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 use or performance of the SOFTWARE, SOFTWARE INFORMATION and other products or services of Beyluxe remains with you.
YOU EXPRESSLY AGREE THAT USE OF Global MSG 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 Global MSG Communicator IS GIVEN OR ASSUMED BY One Chat S.R.L ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. One Chat S.R.L MAKES NO WARRANTY THAT Global MSG Communicator WILL MEET YOUR REQUIREMENTS, OR THAT Global MSG Communicator WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
NO LIABILITY FOR DAMAGES
In no event shall the author of this Software be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Author of this Software (One Chat S.R.L) is aware of the possibility of such damages and known defects.
Global MSG Communicator is a freeware product. It may be used free of charge. However some services provided by this product are not free and the prices for using such services are provided on the website www.beyluxe.com. One Chat S.R.L reserves all rights to start charging for using this product or any related services at any time without a previous notice.
By uninstalling the SOFTWARE all files and folders created by the SOFTWARE will be removed. Make sure to backup the received and history log files before you remove Beyluxe from your computer if you want to preserve them. The author (One Chat S.R.L) is not responsible of any damages or loss of any files stored in these and other of your folders.
The chat service available on or through this SOFTWARE is provided to you by One Chat S.R.L on an "AS IS" basis subject to the provisions contained herein for your private personal use only. Any other use or attempt to use Beyluxe for commercial purposes, promotion of products and services, or other such purposes, directly or indirectly, by you or by a third party is prohibited.
CHILDREN UNDER 13
Please note that Beyluxe as well as the Beyluxe Web site, network, system, software, service, servers, various directories and listings, various message and news boards, tools, information and databases, are NOT FOR USE BY CHILDREN UNDER 13 YEARS OF AGE. If it comes to One Chat S.R.L's attention through reliable means that a registered user is a child under 13 years of age, One Chat S.R.L will cancel that user's account.
You agree that you will not:
1- harass, threaten, abuse, defame, embarrass or cause distress or discomfort upon another Beyluxe participant;
2- transmit via Beyluxe any information, data, text, files, links, software, chat, content, communication or other materials and terms of expression("Information") that are offensive, racial, discriminating, unlawful, information or instructions concerning illegal activities, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
3- transmit via Beyluxe any Information that infringes any patent, trademark, trade secret, copyright or other proprietary right;
4- disrupt the normal flow of Information on or through Beyluxe or otherwise act in a manner that negatively affects other participants;
5- post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation;
6- intentionally or unintentionally violate any applicable local, state, national or international law;
7- translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, reproduce, rent, lease, lend, distribute, remarket or otherwise dispose of the SOFTWARE or SOFTWARE INFORMATION or any part thereof in any manner other than as authorized by this EULA or by a separate written agreement between You and Beyluxe (One Chat S.R.L).
8- Impersonate any person, leader, Beyluxe official, administrator, helper or host.
You acknowledge that there are certain risks inherent to the use of Beyluxe. These include, but are not limited to, disclosure of confidential information (including personal details), the improper operation of Beyluxe (such as failing to function or to function correctly), and the risk that third parties directly or impersonating themselves as someone they are not, will contact you or attempt to contact you as a result of One Chat S.R.L's provision of and/or your use of Beyluxe.
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, Global MSG Communicator as, like most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Global MSG 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 Global MSG Communicator may be subject to other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. Global MSG Communicator is not different than other applications in this respect.
You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Information received on or through Global MSG Communicator. One Chat S.R.L shall not be obligated to actively monitor the Information users deliver or send on or through Global MSG Communicator and shall not be responsible for any Information received on or through Global MSG Communicator.
THE INFORMATION ON Global MSG Communicator MAY INCLUDE INAPPROPRIATE MATERIAL. BY ENTERING Global MSG Communicator YOU UNDERTAKE FULL RESPONSIBILITY FOR:
(A) DETERMINING WHETHER THE INFORMATION COMPLIES WITH YOUR NEEDS
(B) DETERMINING WHETHER YOU HAVE ADEQUATE LEGAL RIGHTS TO STORE, REPRODUCE OR OTHERWISE USE THE INFORMATION IN ANY MANNER CONTEMPLATED BY YOU
(C) COMPLIANCE WITH ANY LEGAL OBLIGATIONS, INCLUDING BUT NOT LIMITED TO, OBLIGATIONS IMPOSED BY COPYRIGHT, SECRECY, DEFAMATION, DECENCY, PRIVACY AND EXPORT LAWS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ENTER Global MSG Communicator.
One Chat S.R.L DOES NOT WARRANT OR GUARANTEE:
1- that any Information received on or through Global MSG Communicator will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties;
2- that the Information received on or through Global MSG Communicator will not contain adult-oriented material, or material which some individuals may deem objectionable;
3- that the functions or services performed by One Chat S.R.L will be uninterrupted or error-free or that defects in Global MSG 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.
One Chat S.R.L MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH Global MSG 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 Global MSG Communicator IS NOT REVIEWED, CONTROLLED OR EXAMINED BY One Chat S.R.L IN ANY WAY BEFORE IT APPEARS ON Global MSG Communicator. One Chat 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 One Chat 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 Global MSG Communicator EVEN IF One Chat 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 One Chat 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.
By installing or using this software, you consent to allow One Chat S.R.L to monitor or record any or all of your activities and communications while using the software. You also agree that One Chat S.R.L does not need to give you any notice of such monitoring or recording. Such monitoring or recording, however, will only take place under the circumstances set forth in the Beyluxe Privacy Statement, as amended from time to time, which you can view at www.beyluxe.com.
1- One Chat S.R.L shall not be obligated but reserves the right and the sole discretion to
(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 Global MSG 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 Global MSG Communicator and deny or reject any connection to Global MSG 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 Global MSG 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 Global MSG 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 Global MSG Communicator, at any time.
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 One Chat 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 One Chat 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 One Chat S.R.L shall be deemed to have been made to One Chat S.R.L, its subsidiaries, successors, assignees, affiliates as well as any company that controls One Chat 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.