We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Psst! account.
The language below is meant to support this rule. It allows us to continue providing and improving our Services, and it helps to ensure that a few mean users don't ruin the fun for everyone else. Your part in that is simple. Just use common sense—keep sending your messages and posting feeds to your friends and the public, and please don't send anything that they don't want to receive.
Psst! is intended for use by people who are 17 years of age or older, and persons under the age of 17 are prohibited from creating Psst! accounts.
You affirm that you are either more than 17 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one Psst! account.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content, including but not limited to photos, videos, text, graphics, items or other materials (collectively, "User Content"). You understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting message timers. You agree to abide by our Community Guidelines, which may be updated from time to time.
You agree that you are solely responsible for your User Content and that Psst! is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.
You retain all ownership rights in your User Content. However, by submitting User Content to Psst!, you hereby grant us a nonexclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services, subject to your use of privacy settings in the Services to control who can see your User Content.
We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content, content is deleted from our servers and devices immediately upon reading the message. Psst! Feed posts are removed after 48 hours of posting.
If you choose, you may share Feeds Content on your SNS (Social Network Service) Accounts through the social sharing functionality we’ve implemented through the Services.
As part of the functionality of the Services, you may link your Account to an SNS Account by either: (i) providing your SNS Account username (or userID) to Psst! through the Services; or (ii) allowing Psst! to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each SNS Account. You agree that you won’t disclose your SNS Account login information to Psst! and/or grant Psst! access to your SNS Account unless you are permitted to do so by the applicable SNS. Psst! won’t have any obligation to pay any fees or be subject to any usage limitations imposed by SNS’s.
By linking your SNS Account to your Psst! Account, you understand that Psst! will access, make available and store (if applicable) some of the content that you have provided to and stored in your SNS Account so that it is available on and through the Services via your Account. Unless otherwise specified in these Terms, all such content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the SNS Accounts you choose and subject to applicable SNS privacy settings, personally identifiable information that you post to your SNS Accounts and information about your SNS friends will be available on and through your Account. Please note that if an SNS Account or associated service becomes unavailable or Psst!’s access to such SNS Account is terminated by the third party service provider, then the content from your SNS Account will no longer be available on and through the Services. You may disable the connection between your Account and your SNS Accounts by adjusting the settings on the settings page within the app. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS ACCOUNT SERVICE PROVIDERS ASSOCIATED WTH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS ACCOUNT SERVICE PROVIDERS.
You agree that any feedback, suggestions, ideas or other information or materials regarding Psst! or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of Psst!. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "Psst! Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Psst! Content may violate such laws and these Terms. Except as expressly provided in these Terms, Psst! does not grant any express or implied rights to use Psst! Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Psst! Content, the Services or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Psst! Content. This license is revocable at any time. This license is subject to these Terms and does not include:
In addition to the other restrictions outlined in these Terms, you agree that you will not:Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms;
After opening a Psst! account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account.
When you first create a Psst! account, we ask for your mobile number in order to verify your account. Please be aware that your carrier's text messaging fees apply for mobile number verification.
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
Psst! respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party's copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a third party's copyrighted work.
THE SERVICES AND THE PSST! CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE PSST! ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.
The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
1) Indemnification By agreeing to these Terms you agree to indemnify, defend and hold harmless Psst!, our managing members, shareholders, employees, affiliates, licensors and suppliers (the "Psst! Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.
2) Limitation of Liability Except where prohibited by law, in no event will Psst! or the Psst! Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Psst! has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Psst! for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Psst! is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, Psst!'s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
3) Arbitration PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PSST! AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.You and Psst! agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and Psst! are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Psst! agree (a) that any arbitration will occur in Toronto, Ontario; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the provincial or federal courts of Toronto, Ontario have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND PSST! WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
4) Forum and Venue A lawsuit, if any, by you or Psst! against the other will occur in province or federal court in Toronto, Ontario. You and Psst! agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between you and Psst! will be governed by these Terms and the laws of the Province of Ontario and applicable Canadian law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Psst!.
Psst! welcomes comments, questions, concerns, or suggestions. Please send feedback to us by emailing psstchat @ gmail.com.