This is agreement between you and GetResponse, and not with Apple, Inc. or Google, Inc. Neither Apple nor Google are responsible for the Application and the Content thereof.
Limited License to the Application and the Licensed Materials
- Under this Agreement we provide you a selection of animated graphics and other Licensed Content which you can redesign in a pre-approved way and use for purpose of posting, uploading, sending, streaming or otherwise making available through social media channels that are integrated with the Application free of charge or basing on a paid subscription. We can offer you a free version of the Application. It has limited features in comparison to paid version. It can also be limited in other ways. You may upgrade the free version to paid version at any point.
- You are entitled to use materials that we render available to you, including but not limited to graphics images, videos, messages, texts (the “Licensed Content”) solely to use the Application for its intended purpose, notwithstanding whether such materials are paid or free, customized or standard. Please note that our resources may include materials that are subject to third party copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them. If you do not satisfy any such demand, we will be entitled to delete such materials at our sole discretion. In the aforementioned situations, without in any way limiting the disclaimers and limitations in Section 15, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.
- Any and all information, data, texts, graphics, logos, video, music or other materials that you post, upload, send, stream or otherwise make available using the Application as redesigned by you or incorporated by you (“Content”), are solely your responsibility. Content also includes any links to other websites or resources or other third party services that you use. We do not claim ownership of the Content and you retain all right, title, and interest in and to the Content. Notwithstanding the forgoing, the term “Content” does not include any materials that you take from our resources, and our collection of predesigned templates. You agree that we can present your animated graphics in our marketing materials, including getresponse.com or any other website or web page owned or controlled by GetResponse (collectively, the “GetResponse Websites”).
- The Application is designed for mobile iOS and Android based devices. You may use the Application on devices that you own and control (“Devices”) and as permitted by the usage rules set forth in the App Store Terms of Service or Google’s Play Store Terms of Service or other applicable regulations (“Usage Rules”).
- Your right to install and use the Application and the Licensed Content is based on a license. All rights not granted herein are exclusively restricted for us, our Affiliate’s or other licensors (if any).
- All trademarks, names, service marks, logos, domain names, slogans, trade names of Beam, GetResponse, and any GetResponse’s Affiliates, any other features, as well as other names and designations used by us in connection with the Application, other GetResponse services, or business, copyrights, patents, rights to software and rights of the same or similar effect or nature (“Intellectual Property”) are sole property of GetResponse or GetResponse’s Affiliates. You acknowledge our or our Affiliates’ exclusive ownership of the Intellectual Property and acquire no right, title or interest in or to the Intellectual Property hereunder, except as otherwise expressly provided by this Agreement. No part of the Intellectual Property may be reproduced or transmitted in any form or by any means without express written consent of the authors, except as specifically provided and allowed by us.
- “GetResponse” is a registered trademark of GetResponse in the European Union, the United States, as well as in other countries. Without our express consent, our trademarks, service marks, logos and other indicia of source may not be used in conjunction with other entities' products or services in any manner whatsoever, including but not limited to in any way that may cause confusion among customers and potential customers, or in any manner that discredits GetResponse, its products and/or services.
- This Agreement shall continue until the end of the Subscription Term. At the end of the Subscription Term the Agreement shall automatically renew for additional successive terms of the same length (“Renewal Term”, and the Subscription Term and Renewal Terms, collectively the “Term”), unless and until you cancel your paid version of the Application. The cancellation shall not become effective until the last day of the current Term.
- Please note that if you cancel your payment or paid version of the Application and/or terminate the Agreement before the end of the current Term, we will not refund any fees already paid to us to the fullest extent permitted under applicable law. The refund method will depend upon the payment method. If you wish to receive a refund, please contact with our Customer Service department.
- All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Application. If you are registered for VAT purposes, at our request, you will provide us with the VAT registration number under which you are registered in your member state. If you are subject to GST, all fees are exclusive of GST. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.
- Please respect our, our Affiliates’ and other licensors’ (if any) Intellectual Property rights and follow these rules when using the Application. Please do not:
- copy, rent, lease, sublicense, sell, redistribute, otherwise commercially use the Application or transfer rights to the Application;
- reproduce, translate, modify, create derivative works based on the Application or the Licensed Content or any part of it, by any means;
- display to the public, or make available to the public any part of the Licensed Content or Application, by other means than permitted by us;
- make any use of the Application or the Licensed Content which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the Intellectual Property rights in the Application or the Licensed Content or any part of it;
- decompile, reverse-engineer, disassemble or otherwise try to derive source code from the Application;
- remove or alter any copyright, trademark, proprietary notice or watermark affixed to the Licensed Content, except as permitted by us;
- circumvent any technology used by us, our Affiliates or other licensors to protect the Application and the Licensed Content.
- Please do not use the Application and the Licensed Content in a way that could violate applicable laws, good practises and third-party’s rights. Don’t post any Licensed Content, Content, redesign the Licensed Content in a way, or engage in any activity concerning the Application that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, or privacy rights;
- endorse a political party, candidate, elected official, or opinion, present a person suffering from or medicating for, a physical or entail ailment with use of the Licensed Content;
- includes malicious content such as malware, Trojan horses, or viruses, or any other file, program or technology that is designed or intended to disrupt, damage, intercept or expropriate service or any system, software, or data, limit the functioning of any software, or to obtain unauthorized access to any data or other information of any third party;
- is intended to or does harass or bully others;
- is fraudulent, false, deceptive, or misleading;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not allowed under applicable law;
- links to, references, or otherwise promotes commercial products or services competitive to our products and services, or public promotion of which is not allowed under applicable law;
- conflicts with law, the Agreements, or third parties’ applicable rules and policies, as determined by us;
- interferes with or is harmful to our employees, officers, representatives, our business, reputation, goodwill or the ability of other users to effectively use the Application.
- You acknowledge and agree that engaging in any such restricted activity may result in immediate termination (which means shutting down your access to the Application and the Content), suspension of your Agreement (which means immediate withhold or suspension of your access to the Application and the Content) or removal of any Content at any time.
Support, Maintenance and Modifications
- We are solely responsible for providing you maintenance and support services. In case of any account-related and payment-related queries, please send an email to our Customer Service department. We will use reasonable endeavours to respond to all queries within a reasonable time frame. Neither Google, nor Apple has any obligations whatsoever to furnish any maintenance and support services with respect to the Application.
- We will make all the effort to keep our service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Some interruptions may also be result of your telecommunication services provider’s difficulties. You acknowledge and agree that we are not liable for any such interruptions.
- From time to time we may issue updates or upgrades of the Application, which will have to be installed in order to make use of them. Such installation may occur automatically, or it may require you to install it the same way and from the same source you have installed the Application. We advise you to periodically check if there is any update or upgrade available for you to install.
- We may, at our sole discretion and without liability, change or modify the features of the Application, any documents, information, graphics or other content appearing on or in connection with the Application, at any time without prior notice, with reservation that as for the paid version, neither such modification will reduce the functionality provided to you during the Subscription Term.
Third Party Services
- We are not responsible or liable for the behaviour, interruptions, features, or content of any third party services or for any transaction you may enter into with the provider of any such third party services.
Disclaimer of Warranties. Limitation of Liability
You acknowledge and agree that GetResponse provides the Application on an “AS IS” basis and disclaims all warranties of any kind, either express or implied, including without limitation any warranty of title, merchantability, non-infringement or fitness for a particular purpose. You are solely responsible for your use of the Application, any of the GetResponse Websites and any and Content that you develop.
Without limiting the foregoing, GetResponse is not responsible or liable to you for any:
- actions or omissions of any third party, and other third parties using your account with login credentials, passwords or details obtained from you or in other circumstances beyond GetResponse's reasonable control;
- failure of external conditions, networks or telecommunications devices or equipment necessary to use the Application that are provided by third parties or otherwise beyond GetResponse's reasonable control;
- problems of any kind with features used within test versions, including but not limited to beta-test versions;
- insufficient or fluctuations of the bandwidth used by you which may affect Licensed Content quality.
Disclaimer of Third Party’s Liability
Please be aware that we, not Apple nor Google, are responsible for addressing any claims relating to your possession and/or use of the Application including, but not limited to: (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection, privacy, or similar legislation, and (iv) claims regarding infringement of any third party’s intellectual property rights.
Termination and suspension
- Without limiting any of our rights elsewhere in this Agreement, we reserve the right to terminate this agreement or suspend your use of the Application with immediate effect and without notice to you in the event that:
- we determine that you are acting, or have acted, in a way that has or may have negative affect on GetResponse, GetResponse’s Affiliates, other Users or services we provide, or
- you or we become a subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
- We also reserve the right to suspend, limit, or terminate the free version of the Application at any time, without cause, with immediate effect and without notice to you. As we store all the Content in confined space, we specifically reserve the right to terminate your free version due to your inactivity lasting at least six (6) months and in consequence delete all your Content stored in the Application.
- Termination and suspension as well as downgrade of the Application or any of its parts or features may affect your settings, set or planned campaigns. Once the Application or any of its parts or features are terminated, suspended or downgraded, certain processes that took place may not be reversed.
- In the situations mentioned in this Section 8, without in any way limiting the disclaimers and limitations in Section 11, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.
- Please note that cancellation or termination does not release you from the obligation to pay any fees already due as of the effective cancellation or termination date.
- You can make use of the Licensed Content as long as you subscribe to the Application. Upon termination or expiration of this Agreement, you will stop all use of the Licensed Content.
Notice and procedure for making claims of copyright or intellectual property infringement
- We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, suspend access to the Application and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Compliance Manager the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Our Compliance Manager who acts as an Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
- We may assign rights and obligations arising from this agreement to any company controlled by or under common Control with GetResponse without your prior consent. “Control” for purposes of these Terms of Service means direct or indirect ownership or control of more than 50% of the share capital or voting interests of the subject entity. You may not assign any rights or obligations arising hereunder agreement to a third party without our prior written consent.