Terms of Service
The software application "GO SMS SE" is a copyrighted work belonging to Guangzhou Jiubang Digital Technolgy Co.,LTD ("Jiubang"，"GO SMS SE", "us", or "we"). GO SMS SE provides a smartphone to smartphone messenger software application and related services (collectively, the "GO SMS SE").
Agreement Version Date: August 5, 2011
In order to use GO SMS SE, you must register for an account with GO SMS SE ("GO SMS SE Account") and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate, (b) that you will maintain the accuracy of such information, and (c) your use of GO SMS SE does not violate any applicable laws. You may terminate your GO SMS SE Account at any time, for any reason. GO SMS SE may suspend or terminate your GO SMS SE Account in accordance with Section 5. You are responsible for maintaining the confidentiality of your GO SMS SE Account login information and are fully responsible for all activities that occur under your GO SMS SE Account. You agree to immediately notify GO SMS SE of any unauthorized use, or suspected unauthorized use, of your GO SMS SE Account or any other breach of security. GO SMS SE cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. End User License Agreement
3.1 License. Subject to the terms of this Agreement, GO SMS SE grants you a non-transferable, non-exclusive, license to download, install and use one copy of GO SMS SE on a mobile device that you own or control for your use (the "License").
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit GO SMS SE; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of GO SMS SE, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access GO SMS SE in order to build a similar or competitive software and service; (d) except as expressly stated herein, no part of GO SMS SE may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in GO SMS SE. Any future release, update, or other addition to functionality of GO SMS SE shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site content must be retained on any copies.
3.3 Local Laws. GO SMS SE make no representation that GO SMS SE is appropriate for use in locations other than China. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations. Any diversion of GO SMS SE Messenger contrary to laws and regulations of People's Republic of China is prohibited.
3.4 Modification. GO SMS SE reserves the right, at any time, to modify, suspend, or discontinue GO SMS SE or any part thereof with or without notice. You agree that GO SMS SE will not be liable to you or to any third party for any modification, suspension, or discontinuance of GO SMS SE or any part thereof.
3.5 Ownership. GO SMS SE provided to you is licensed to you and not sold. GO SMS SE (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to GO SMS SE, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to GO SMS SE. The GO SMS SE name, logo, and the product names associated with GO SMS SE belong to GO SMS SE (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. GO SMS SE (and its licensors, where applicable) reserve all rights not granted in this Agreement.
4. User Content
4.1 User Content. "User Content" of a user means any and all content that such user uploads, distribute, or otherwise uses with GO SMS SE, and includes (a) the messages and images that you send to one or more other GO SMS SE users ("Private Messages") and (b) your first name, last name, GO SMS SE username, and profile picture ("User Profile"). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by GO SMS SE. GO SMS SE is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
4.2 License. By uploading, distributing, or otherwise using your User Content with GO SMS SE, you automatically grant, and you represent and warrant that you have the right to grant, to GO SMS SE an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, (a) to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your Public Profile, solely to display your Public Profile on GO SMS SE, (b) to reproduce and distribute your Private Messages, solely to provide the Private Message to the intended recipient(s), and (c) to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (including your Public Profile but excluding your Private Messages), solely to provide you and other users GO SMS SE and to improve GO SMS SE, and (b) you agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
4.3 Feedback. If you provide GO SMS SE any feedback or suggestions ("Feedback"), you hereby assign to GO SMS SE all rights in the Feedback and agree that GO SMS SE shall have the right to use such Feedback and related information in any manner it deems appropriate. GO SMS SE will treat any Feedback you provide to GO SMS SE as non-confidential and non-proprietary. You agree that you will not submit to GO SMS SE any information or ideas that you consider to be confidential or proprietary.
4.4 Acceptable Use Policy. The following sets forth GO SMS SE's "Acceptable Use Policy":
(a) You agree not to use GO SMS SE to upload, distribute, or otherwise use any User Content (a) that violates 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; (b) that is tortuous, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.
(b) You agree not to use GO SMS SE to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Site (e.g., a denial of service attack); (d) attempt to gain unauthorized access to GO SMS SE or servers or networks; or (e) interfere with another user's use and enjoyment of GO SMS SE.
4.5 Enforcement. We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you. We may suspend or terminate your GO SMS SE Account in accordance with Section 5.
5. Term and Termination
5.1 This Agreement commences on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use the GO SMS SE, unless earlier terminated in accordance with this Agreement.
5.2 Notwithstanding the forgoing, if you used GO SMS SE prior to the date you accepted this Agreement (as described in the preamble), you hereby acknowledge and agree that this Agreement commences on the date you first use GO SMS SE (whichever is earlier and which may be prior to the Agreement Version Date) and will remain in full force and effect while you use GO SMS SE, unless earlier terminated in accordance with this Agreement.
5.3 We may (a) suspend your rights to use GO SMS SE, and/or your GO SMS SE Account or (b) terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, GO SMS SE reserves the right to terminate its Agreement with any user who repeatedly infringes third party copyright rights upon prompt notification to GO SMS SE by the copyright owner or the copyright owner's legal agent.
5.4 Upon termination of this Agreement, your GO SMS SE Account and right to use GO SMS SE will automatically terminate immediately. You understand that any termination of your GO SMS SE Account involves deletion of your User Content associated therewith from our live databases. GO SMS SE will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your GO SMS SE Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1, 3.2, 3.3, 3.4, 3.5, 4, 5.4 and 6.
GO SMS SE provides a charging lock screen to replace your original lock screen when you charge up your mobile. If you want your original lock screen back, you can cancel the charging lock screen by clicking on the button that is at the top right-hand corner of it.
You agree to defend, indemnify and hold harmless GO SMS SE (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) brought by third parties resulting from or relating to: (i) your use of GO SMS SE, (ii) your User Content, or (iii) your violation of this Agreement. GO SMS SE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GO SMS SE and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GO SMS SE. GO SMS SE will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. Governing Law and Disputes
8.1 You acknowledge and agree that in the event of violation of any provisions of this Agreement, it shall be settled by all civil, criminal and/or administrative penalties established under the laws of People's Republic of China, where applicable.
8.2 This agreement shall be governed by the laws of People's Republic of China, and name the Court of Yuexiu district in Guangzhou China, as competent to resolve disputes arising from this instrument.
9. AD Choice
There will be ad content shown in certain scenes in our app. For more details, visit https://m.facebook.com/ads/ad_choices.