IMPORTANT! AS WITH ALL CONTRACTS, IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON'T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON'T HAVE PERMISSION TO USE THIS APP. ALWAYS GET AN ADULT'S PERMISSION BEFORE GOING ONLINE.PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY BE IN THE KNOW, LLC. ("COMPANY" OR "WE" OR "US"). THIS IS A BINDING AGREEMENT BETWEEN YOU AND COMPANY. BY VISITING THE WEBSITES OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. Continue reading to learn about the rules and restrictions that govern use of the Shitalkie app and all websites affiliated with Company. You are responsible for any information, profiles, statuses, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on, through or in connection with the Services (each a “Submission”) . When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” section below. Although Shitalkie may, in its sole discretion, monitor, screen, modify, refuse, remove or edit Submissions for any reason, Shitalkie is not obligated to do so. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness and will be solely liable for any damage or harm resulting from your Submissions. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Services is provided on a non-proprietary and non-confidential basis. You hereby grant to Shitalkie a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to do the same (“Submission License”). Unauthorized Activities
When using the Services, you agree not to:
Disrupt, negatively affect or inhibit users from having a positive experience with the Shitalkie app.
Impersonate another person in a manner that is intended to or does mislead, confuse or deceive others.
Post or share another individual’s private information without their express authorization and permission.
Defame, abuse, bully, harass, stalk, threaten, or otherwise violate the legal rights of others.
Use racially or ethnically offensive language.
Discuss or incite illegal activity.
Post or share Submissions that contain pornography or graphic violence.
Post or share anything that exploits children or minors or that depicts cruelty to animals.
Post or share Submissions that violate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right.
Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
Use any robot, spider, crawler, scraper or other automated means to access the Services.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Use or develop any third party applications that interact with the Services or Submissions without our prior written consent.
Alter the opinions or comments posted by others on the Services.
Post or share any image or language that is obscene, vulgar or offensive or that threatens, disparages or demeans any individual or group.
Attempt to circumvent any of our content-filtering techniques.
Post or share anything inappropriate or disruptive to the Services.
Use the Services in violation of these Terms and/or for any unlawful purposes.
Post or share anything contrary to our public image, goodwill or reputation.
Users are encouraged to report any user who violates the items listed above for investigation. Investigations will result in a reaction of actions within 24 hours of the report. This list of prohibitions provides examples and is not exhaustive or exclusive. Shitalkie reserves the right to (a) suspend or terminate access to your account and your ability to post to the Services (or otherwise use the Services), (b) delete, remove or refuse to distribute any Submissions and/or (c) reclaim buzzes, all with or without cause and with or without notice, for any reason or no reason without liability to you. If Shitalkie believes a Submission violates these Terms, it may make that Submission invisible to other users without notifying you. Your Submission will be visible to you, but will not appear for any other user. Shitalkie may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Shitalkie’s discretion, Shitalkie will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet.
Consent to receive periodic messages from Shitalkie-
As part of the Services, the Company sometimes causes administrative messages to be sent to members of group. For example, upon adding a new member to a group, such new member will receive a welcome message, instructions on how to stop receiving messages, and information on how to avoid certain charges by downloading the Be In The Know mobile Application. The Company also may inform group members who have not replied that they automatically will be removed from the class group if they do not participate. The Company may send other administrative messages as well.
Change to the services-
We're always trying to improve Shitalkie, and Be In The Know, LLC, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical.Apple device and application terms-
These Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. ("Apple") App Store (the "Application"), but additional terms also apply to the Application, which you can read here.
APPLE DEVICE AND APPLICATION TERMS. In the event you are using the Services in connection with a device provided by Apple, Inc. ("Apple") or a Company application obtained through the Apple App Store (collectively, such uses are henceforth the "Application"), the following will apply:
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D. Both you and Company acknowledge that this Agreement is concluded between you and Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;
E. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
F. You will only use the Application in connection with an Apple device that you own or control;
G. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
H. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
I. You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
J. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
K. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
L. Both you and Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
M. Both you and Company acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
Thank you.
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