Terms of Use

Please read these terms of use carefully ("Terms"). These Terms govern and apply to your access and use of iBesedka mobile app (the "App") and any information, uploaded, downloaded or appearing on the Service (referred to as "Content"). By accessing or using our Service, you agree comply with and to be bound all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, do not use our Service.

Use of the Service

The iBesedka service is only available to persons 17 years or older. By agreeing to these terms of service you are stating that you are at least 17 years old.
The iBesedka Service allows you to create, access, view and store / share multimedia messages for yourself, with your friends or the public through our mobile apps and our website . As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and to access and use the Service, for your own personal use. iBesedka gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by iBesedka. This license is for the sole purpose of enabling you to use and enjoy the benefit of iBesedka services, in the manner permitted by these terms. You may not:
  • copy, modify or distribute the App for any purpose;
  • transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Service to any third party;
  • decompile, reverse-engineer, disassemble, or create derivative works of the App or the Service;
  • make the functionality of the App or the Service available to multiple users through any means;
  • use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
 
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or other similar platforms) where the App is made available (each such distribution platform an "App Provider"). You acknowledge and agree that:
  • these Terms are concluded between you and iBesedka, and not with the App Provider, and that iBesedka (not the App Provider), is solely responsible for the App.
  • the App Provider has no obligation to furnish any maintenance and support services with respect to the App.
 
 
If you download our App, such as a stand-alone software product, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software, Service or App.
Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you.

iBesedka Access

In order to access and use iBesedka, you will need to register and create an account (your "Account"). By creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself. By creating an Account, you represent that you have the authority to do so for yourself. You agree to provide accurate, current and complete information about your Account. iBesedka reserves the right to update and modify the terms of establishing an account or to change the types of accounts offered by iBesedka without notice to you.
When creating an Account, don't:
  • as an individual, provide any false personal information to us (including a false username) or create any account for anyone other than yourself without such other person's permission;
  • use a username that is subject to rights of another person without appropriate authorization; or
  • use a username that is offensive, vulgar or obscene or otherwise in bad taste.
 
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. You are responsible for activities that occur under your Account.
You agree not to reverse- engineer our system, our protocols, or explore outside the boundaries of the normal requests made by iBesedka clients. You agree not use any tools to explore or harm, penetrate or test the App. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their public posts.

Content

You are responsible for the Content, that you post to the Service, including its legality, reliability, and appropriateness. We allow you and other users to flag inappropriate content. We will remove any inappropriate content, regardless of how it is discovered and in addition will delete accounts of those users that continue to post inappropriate content. However, despite the aforementioned efforts, you understand that by using the Service you may be exposed to Content that might be offensive, harmful, inaccurate, deceptive or inappropriate. Under no circumstances will iBesedka be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service or broadcast elsewhere. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.
Our Service enables you to create messages. Your Private messages are hosted by iBesedka for your use exclusively.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service unless it has been reported to us and is deemed inappropriate. 
We ask that you respect our on-line community and other users when posting Content and using the Service. When submitting Content to or otherwise using the Service, you agree not to:
  • submit material that violates a third party's proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
  • submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • post advertisements;
  • impersonate another person or represent yourself as affiliated with us;
  • harvest user names, addresses, or email addresses for any purpose.
 
This list is an example and is not intended to be complete or exclusive. We have the right to enable/ disable your access to or use of the Service for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. 
 
In-App Purchases
 
The App may include in-app purchase that allows you to become a PREMIUM user. If it does, it will not be necessary to make any In App Purchases in order to complete the App. Whilst you cannot switch off In-App Purchases from being offered to you within the App, you can switch off/manage your ability to complete In-App Purchases by altering the settings on the device you use.
If you are under 18 then you must have your parents' or guardians' permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase.
More information about how you may be able to switch off and/or manage In-App Purchases using your device may be set out in the App Store Provider's terms and conditions/EULA, in your device's help settings or online. If you are a parent or guardian of someone under the age of 18 we recommend that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may make excessive In-App Purchases.
You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the App and are governed by the App Store Provider's terms and conditions/EULA. If you have any payment related issues with In-App Purchases then you need to contact the App Store Provider directly.
In-app purchase is purchased from and billed by Apple iTunes. This purchase is subject to the terms and conditions of Apple iTunes. All billing and refund inquiries must be directed to Apple iTunes.
The PREMIUM Annual purchase (billed as "PREMIUM") is valid for one year and will be re-billed every year by Apple iTunes until cancelled by the user. Apple iTunes will send an e-mail well in advance of renewal containing a hyperlink to manage the subscription. Apple iTunes subscriptions can be managed from a mobile device or computer that uses the same Apple ID as the initial purchase.

Unauthorized Activities

Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (ii) violate any applicable law or regulation; or (iii) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

Indemnity

You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your Account violates any applicable law or regulation, or the rights of any third party.

Links to Third Party Sites

The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.

Ownership

Our App and Service are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the App and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or the Service ("Feedback") will be the sole and exclusive property of iBesedka and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.

Termination

If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the App and/or Service.

Disclaimer

You understand and agree that the App and the Service are provided to you "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, iBesedka EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF CO URSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Limitation of Liability

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APP, AND IN NO EVENT WILL IT EXCEED $10. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

General

These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. You agree to submit to the jurisdiction of the California courts. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. We may revise these Terms from time to time, and we will try to provide at least 10 days notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

Questions & Contact Information

Please contact us if you have any questions about our Terms at This email address is being protected from spambots. You need JavaScript enabled to view it.