Legal Informations about IMPACT
Impact MSG is a free application of « Social messaging » allowing to :
- Receive IMPACT (push notifications) from the people you are following,
- Send IMPACT to people who follow us,
- Create a public profile picture, its various social networks.
Impact MSG has no access to your directory or any other personal data stored in your smartphone. Your confidentiality is our priority, no user data may be communicated to a third party. If our policy on the use of your data changes, you will be informed of the change.
Please keep Impact MSG a soft place use ONLY SFW as picture profile (non nude).
By registering on Impact MSG you agree to receive our newsletter (TOS update, news…).
Registration: You must register for our Services by providing accurate information, communicate your current mobile number and, if it changes, update it in your personal profile. You agree to receive text messages / notifications (from us or from our third party suppliers) providing you with the codes necessary to register for our Services.
Age: You must be at least 16 years of age to use our Services (or be the minimum age required in your country to use our Services without parental consent). In addition to the minimum age required to use our Services under applicable law, if you are too young to be able to accept our Terms in your country, a parent or guardian must agree to these Terms on your behalf.
Devices and Software: You must have certain devices, software and data connections in order to use our Services, which we can not provide to you without these elements. Throughout the life of our Services, you agree to download and install updates to our Services, including automatically.
Fees and taxes: You are responsible for all subscription fees to your operator’s data service and other taxes and fees associated with your use of our Services. We may charge you for our Services, including applicable taxes. We can refuse or cancel orders. We make no refund for our Services, except as required by law.
Keep in mind that no method of transmission over the Internet, or method of electronic storage is 100% secure. We strive to keep and secure your data in the best possible way (Double authentication, complex password and restricted access to as many people as possible).
All user information is stored on Firebase (google company). All user data is managed internally by Raw IT Consulting for statistical purposes. IMPACT has no access to your directory or any other personal data stored in your smartphone. No user data may be communicated to a third party. If our policy on the use of your data changes, you will be informed of the change.
You must use our Services in accordance with our published Policies and Conditions. If we delete your account due to a violation of our Terms, you will not create any others without our permission.
Legal and acceptable use. You must consult and use our Services only for lawful, authorized and acceptable purposes. You will not use (or help other people to use) our Services in a way that:
- violates, misappropriates or infringes the rights of Impact MSG, persons who use our Services or others, including the rights to privacy, image, intellectual property or other exclusive rights,
- is unlawful, obscene, defamatory, threatening, intimidating, hateful, racially or ethnically offensive, amounts to harassment or incites or encourages unlawful or improper behavior for other reasons, including the promotion of violent crime,
- Involves publication of lies, misrepresentations or misrepresentations,
- Usurp the identity of someone,
- Involves sending illegal communications.
Damage to Impact MSG or to persons using our Services: You may not view, use, copy, adapt, modify, distribute, sublicense, sublicense, transfer, display, perform or perform any of our Services, create derivative works thereof or otherwise exploit them in any other unauthorized manner or against us, impedes or harms us or our Services, our systems, the persons who use our Services or otherwise (or assist others in the kind), and should not under any circumstances, directly or by automated means:
- Bone, modify, decompile our Services, create derivative works or extract the code,
- Send, store or transmit viruses or any other dangerous computer code through or on our Services,
- Obtain or attempt to gain unauthorized access to our Services or systems,
- interfere with or disrupt the integrity or delivery of our Services,
- Create accounts for our Services by automated or unauthorized means,
- Collect the details of people who use our Services or information about them in an inadmissible or unauthorized way to sell, resell, rent or charge our Services,
- Distribute our Services or make them available on a network allowing them to be used on several devices at the same time.
Protect your account: You are responsible for the protection of your device and your Impact MSG account and you must inform us without delay of any unauthorized use of your account or our Services or any breach of security by contacting us by email: Support@IMPACTmsg.com
Keep in mind that if you lie on your date of birth « impact MSG » can not be held responsible for the content to which you subscribe
Our Services may allow you to share websites, applications, content and other third-party products and services. Please note that when you use third party services, the terms and privacy policies of these third parties govern your use of these services.
Your rights : Impact MSG does not claim any right of ownership over the information you send to inform your Impact MSG account or through our Services. You must have the necessary rights to the information you submit to complete your Impact MSG Account or through our Services and the authorization required to grant the rights and licenses mentioned in our Terms.
Impact MSG Rights : We own all copyright and trademark rights, domains, logos, presentation, trade secrets, patents and other intellectual property rights associated with our Services. You may not use our copyrights and rights relating to trademarks, domains, logos, presentation, patents and other intellectual property rights.
License that Impact MSG grants to you: We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use our Services, subject to our terms and conditions and in accordance with this. This license is for the sole purpose of allowing you to use our Services as permitted by our Terms. No license or right is granted to you implicitly or otherwise, except for the licenses and rights granted to you expressly..
To report a copyright infringement and ask Impact MSG to remove any content that does not respect these rights that it hosts (such as a profile photo of a user, profile name if reccorded), please send us a full complaint concerning the copyright infringement by e-mail to copyright@IMPACTmsg.com. Before submitting a copyright infringement complaint, try to contact Impact MSG user that you suspect of violating your copyrights. This will eventually solve the problem without having to contact Impact MSG.
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING EXCLUSIONS OF LIABILITY. WE PROVIDE OUR SERVICES « AS IS » WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, LOSS COUNTERFEITING AND ABSENCE OF COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT THE INFORMATION PROVIDED BY OUR CARE IS ACCURATE, COMPLETE OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE OR HAZARDOUS, OR THAT OUR SERVICES WILL OPERATE WITHOUT INTERRUPTIONS, DELAYS OR IMPERFECTIONS. WE DO NOT CONTROL THE MANNER OR FREQUENCY OF USE OF OUR SERVICES AND ARE NOT RESPONSIBLE FOR IT. IT IS THE SAME FOR THE FUNCTIONALITIES, SERVICES AND INTERFACES PROVIDED BY OUR SERVICES. WE ARE NOT OBLIGED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF THE PERSONS WHO USE OUR SERVICES OR OTHER THIRD PARTIES AND ARE NOT RESPONSIBLE FOR THEM. YOU DISCLAIM ALL IMPACTMSG LIABILITY AND AFFILIATES, AND THEIR RESPECTIVE ADMINISTRATORS, OFFICERS, EMPLOYEES, PARTNERS AND REPRESENTATIVES (COLLECTIVELY, « IMPACTMSG PORTIONS ») IN THE EVENT OF A CLAIM, COMPLAINT, REASON FOR ACTION, DISPUTE OR DISPUTE (COLLECTIVELY) « CLAIM ») AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH ANY CLAIM YOU ARE PRESENTING AGAINST ANY THIRD PARTIES.
THIS EXCLUSION MAY NOT APPLY TO YOU AND WILL NOT MODIFY THE RIGHTS YOU HAVE TO IMPACTMSG WHEN THE LAWS OF YOUR COUNTRY OF RESIDENCE, WHICH ARE APPLICABLE DUE TO YOUR USE OF OUR SERVICES, DO NOT PERMIT IT.
The Services are Available « AS-IS »
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Impact MSG Entities” refers to Impact MSG, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE IMPACT MSG ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Impact MSG Entities make no warranty or representation and disclaim all responsibility and liability for:
- the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content;
- any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;
- the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services;
- whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Impact MSG Entities or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IMPACT MSG ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM :
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES,
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES,
- ANY CONTENT OBTAINED FROM THE SERVICES;
You agree to defend, indemnify and hold harmless the Impact MSG Parties for any liabilities, damages, losses or expenses of any kind (including reasonable legal costs and expenses) relating, relating to or in any way related to the following aspects:
- Your use or consultation of our Services, including information provided in connection therewith,
- A breach of our Terms,
- Any false statement on your part. You will cooperate fully, upon our request, in case of defense or resolution of a Claim.
This indemnification will not apply and will not affect your rights with respect to Impact MSG where the laws of your country of residence, applicable for your use of our services, do not permit this.
Court of competent jurisdiction. If you use Impact MSG in the United States or Canada, the paragraph « Special Provision Regarding Arbitration for Users in the United States and Canada » below applies to you. Please read this paragraph carefully and in full. If you reside in a country where the law requires the jurisdiction of the courts of your country of residence, any Claim that you submit to us and in any way related to or derive from our Terms or Services (individually a « Litigation » and collectively « Litigation ») may be brought before the competent courts of your country of residence. Otherwise, you will resolve all disputes exclusively before the court of the Principality of Andorra and you agree to submit to the personal jurisdiction of these courts for the purposes of the procedure for resolving such disputes.
Applicable law. The laws of the Principality of Andorra govern our Terms and Conditions, as well as any litigation before or under arbitration that may arise between Impact MSG and you, without regard to conflict of law provisions. If you reside in a country whose law excludes the application of the law of the State of Andorra to your Litigation, the laws of your country will apply to your Litigation.
Availability of our services: Our Services may be interrupted, especially in case of maintenance, repair, update or breakdown of network or equipment. We may discontinue some or all of our Services, including certain features, as well as support for certain devices and platforms, at any time. Events beyond our control may hinder our Services, such as natural disasters and other acts of God.
Termination : While we hope that you will remain an Impact MSG user, you may terminate your relationship with Impact MSG at any time for any reason by deleting your account. We may also modify, suspend or terminate your use or your consultation of our Services at any time, for example in the event of suspicious or illegal behavior, in particular for fraud or if you violate our Conditions or create a prejudice or a risk of prosecution for us, people who use our Services or others. The following provisions will survive the termination of your relationship with Impact MSG : « Licenses », « Exclusions of Liability », « Limitation of Liability », « Indemnification », « Dispute Resolution », « Availability and Termination of our Services », « Other » and « Special Provision for Arbitration for Users in the United States and Canada ». If you believe that the suspension or termination of your account was made in error, please contact us at support@IMPACTmsg.com.
- Nudity is allowed on Impact MSG provided that the user account’s is marked as sensitive. Doing so provides people who may not want to see this type of content with a warning that they will need to approve before subscribe to the account.
- Unless otherwise mutually agreed between you and us, our Terms constitute the entire agreement between you and us regarding impact MSG and our Services and supersede any prior agreement.
- We may ask you to accept additional terms for some of our Services in the future, which will prevail in the event of a conflict between our Terms and these Additional Terms.
- Our Services are not intended for distribution or use in a country where such distribution or use would violate local law or subject us to the regulations of another country. We reserve the right to limit our Services to certain countries.
- We will comply with all applicable export control and trade sanctions laws (« Export Laws »). You must not, directly or indirectly, export, re-export, provide or otherwise transfer our Services :
- an individual, entity or country prohibited by the Export Laws,
- to anyone on the United States Government or other country’s lists of unauthorized parties
- for use prohibited by the Export Laws, including for nuclear, chemical or biological weapons, or for applications involving missile technologies, without the required government approvals. You agree not to use or download our Services if you are in a restricted country, if you are currently on a list of unauthorized parts in the United States or in another country or for any purpose prohibited by the Export Laws, and you will not in any way hide your location using an IP proxy server or other methods.
- Any modification of our Terms or any waiver of these Terms must be subject to our express consent.
- We may modify or update these Terms. We will notify you at least two weeks in advance of any changes to our Terms, which will give you the opportunity to review the revised version before continuing to use our Services. We will also update the last modified date at the top of our Terms. The modifications of these Conditions will come into effect at the earliest 15 days following the notification of the envisaged modifications. Please note that we may not provide such notice in the event that changes to the Terms are necessary due to technological developments in our Services or where changes have been made for legal reasons. In both cases, the changes will take effect immediately. Your continued use of our Services after the expiration of the notice period for intended changes confirms your acceptance of our Terms as modified. We hope you will continue to use IMPACTMSG, but if you do not agree with our Terms as amended, you must stop using our Services. Feel free to re-read our Terms from time to time.
- We may freely assign all of our rights and obligations under our Terms in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law or otherwise, and we may assign our information to an affiliate, successor entity or new owner.
- You will not transfer your rights or obligations under our Terms to a third party without our prior written consent.
- Nothing in our Terms can prevent us from complying with the law.
- Unless otherwise provided herein, our Terms do not grant any beneficiary rights to third parties.
- Any failure on our part to enforce our Terms will not be considered a waiver.
- If any provision of these Terms is held to be unlawful, void or unenforceable for any reason, that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of any other provision except as may otherwise be except as provided in the « Contractual Severability » section of the « Special Arbitration Provision for Persons Who Use Our Services in the United States and Canada » below.
- We reserve all rights that are not explicitly granted to you. In some jurisdictions, you may have legal rights as a consumer and our Terms are not intended to limit such legal rights that it is probably not possible to waive by contract.Nous apprécions vos commentaires et vos suggestions concernant IMPACTMSG et nos Services. Cependant, veuillez noter que nous pouvons les utiliser sans aucune obligation de rémunération (tout comme vous n’avez aucune obligation de nous les communiquer).
To access our Terms in some other languages, change the language settings in your Impact MSG session. If our Terms are not available in the selected language, the English version will be displayed by default.