Striply Terms Of Service
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service;
“App” refers to our mobile software application;
“Striply” refers to our company; our Site; our App; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Service” refers to the services that we provide, including our App and our Site itself;
“Site” refers to our website, www.strip.ly;
“User” refers to anyone who uses our Service, including users of our App and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Striply.
3. How Striply Works
Striply is a free instant messaging app that turns your conversations into colorful comic strips. Create your very own character by choosing from hundreds of customization options. Chat with your friends using your character. Your character is visible to your contacts.
In order to function, Striply needs your mobile phone number and will periodically access your address book or contact list to locate the mobile phone numbers of other Striply Users. Your address book will be sent to our server for processing, but won’t be stored.
Users do not have public statuses. They can only send direct messages to another Striply User that they have in their contact list. Striply enables private, one-on-one conversations.
Striply Users are allowed to save their character as a picture and share it on any channel they want.
Striply may ask you for geolocation permission for certain features of the app. We access your geolocation only when you are using the app in order to propose personalized content to you. You can deactivate this permission at any time in your device settings.
In order to use our Service, you must meet a number of conditions, including but not limited to:
You must agree to our Terms of Service prior to using Striply.
You must have the consent of your parents or your legal guardian to use the Service, if you are underage.
You must provide us with personal information and other information that we deem necessary to provide you with our Service.
5. Nature of Service
We make no assurances of uninterrupted and continuous availability of our Service. The Service might be unavailable or operate incorrectly from time to time due to technical, legal, security, or other issues, for which you agree you will hold Striply harmless. Without limitation on the foregoing, we endeavor to inform Users in good time as far as possible about any maintenance work that we anticipate might affect the availability or proper functioning of our App and Service in general.
6. Rules of Use
You must not:
Violate the laws of any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Striply.
Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Striply, Service, or its Users’ hardware.
Do anything else which could bring Striply into disrepute or violate the rights of any person.
7. Limited License
You agree that you are receiving a license to use one copy of our App on a device for which it is intended. You must not attempt to reverse engineer, copy, or otherwise tamper with or distribute our App. We may revoke our license to you at any time without any compensation to you by notifying you of the revocation, at which point you agree you will take all necessary measures to remove our App and any of its derivative data from any device under your possession or control.
8. Third Party Charges
You may be assessed additional charges by third parties for using our App, such as data charges. You agree that Striply is not liable to you for the payment of such charges and you are advised to review your contract with your mobile service provider in order to avoid any unexpected fees.
9. Fees, In-app Purchases
Certain features of Striply may be subject to a fee. You may be required to pay for certain services, including a purchase of certain Virtual Items.
We may modify, amend, or supplement our fees and billing methods, and post those changes in these Terms.
Striply may license to you Virtual Items such as in-app items on a limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
You may purchase those Virtual Items from AppStore, Google Play, or other third-party platform using actual monetary instruments if you are a legal adult in your country of residence:
1. Any Virtual Items are licensed, not sold to you. Virtual Items may never be redeemed for actual monetary instruments, goods or other items of monetary value from StripMessenger or any other party. Unless expressly authorised in the Service, you agree not to sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to another user or any third party.
2.You agree to the terms and conditions applicable to the third-party payment platform, including any additional payment processing fees which may be applicable. You are responsible for all charges and usage on your User Account and all purchases made by you or anyone that uses your User Account, including applicable taxes.
We may manage, regulate, modify, control or eliminate Virtual Items at any time in our sole discretion, with or without notice. If we exercise such rights, we will have no liability to you or any third party. Please note that Virtual Items are not transferable, and that we are not responsible for any Virtual Items that are lost, damaged, deleted or otherwise used incorrectly or inappropriately, or for game play interruptions or premature game termination, regardless of cause, that result in Virtual Items being spent or otherwise rendered unusable.
The provision of Virtual Items is a service that Striply offers to you as a part of the Service. By paying the applicable fees you acknowledge and agree that our provision of the Virtual Items commences immediately upon your subscribing to or purchasing such service and therefore any right of withdrawal or right of cancellation or “cooling off” period does not apply.
You agree to pay all fees and applicable taxes incurred by you or anyone using your User Account. We reserve the right to change the pricing for the goods and services offered through the Service, including the Virtual Items, at any time.
10. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
“Striply” is a trademark used by us to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Service or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.
12. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
13. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
15. Choice of Law
This Agreement shall be governed by the law of France. The offer and acceptance of this contract are deemed to have occurred in the City of Paris.
16. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in France.
17. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Striply shall have the sole right to elect which provision remains in force.
Striply reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases.
21. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time that you use our Service, and your continued use of our Service shall constitute your acceptance of any such amendments.
Last Modified: June 16, 2015