© 2022  ROAMEO POLSKA SP. Z O.O. al. Aleja JP II 27, 00-867 Warszawa, Poland

 

English by SMS

Terms and Conditions 

 

 

By using our Service, the User agrees to these terms in these Terms and Conditions. If the User does not agree, the User should not use our Service.

 

To use this Service, the User must be an adult of legal age in the User’s state or country of residence or have a consent to use the Service by the User’s legal guardians.

 

Any of these Terms and Conditions may be updated or modified from time to time. The User should check this page on a regular basis for any updates or modifications. If the User continues to use our service, then the User agrees to any changes.

 

Importantly, these Terms and Conditions include the following specific provisions:

 

A waiver of the User’s right to bring a class notion lawsuit against the Operator of the Service,

A waiver of all claims against the Operator of the Service, the claims that may arise in connection to the User’s use of the Service,

Controlling Law and Jurisdiction

Should the User have any claims against or a dispute with the Operator of the Service, the User hereby agrees to attempt to resolve this matter in the following way:

Amicable resolution

The User will first contact us via email by sending an email to the following email address: office@ingresscom.com. In this email the User should give us a notice (Notice) of the User’s claim or dispute and attempt to resolve it with us amicably. In the notice please specify the User’s name, any relevant account name the User use, the User’s address, how to contact the User, the User’s problem, and what the User wish us to do. We will attempt in good faith to negotiate a resolution of the dispute for at least thirty (30) days from the date the User first contact us. If we are unable to resolve the dispute amicably, then we will ask the User to file the User’s claim to a common court in Warsaw, Poland.

All claims must be brought in the Parties’ individual capacity, not as a plaintiff or class member. If, for any reason, a dispute between the User and the Operator of the Service proceeds in court then the laws of The Republic of Poland shall apply, without regard to or application of any conflict of law provisions or the User’s country of residence. The proceedings will be made in Polish.

Termination

The User hereby agrees that the Operator of the Service may, with or without cause, and without prior notice, immediately terminate the User’s account, any associated email address, and access to the Service. The Operator of the Service may terminate with or without cause at any time and effective immediately, at the Operator’s sole discretion, including but not limited to User's failure to conform with these terms and conditions of the Agreement. Cause for such termination may include, but not be limited to

  • breach or violation of these Terms and Conditions or other incorporated agreements or guidelines,

  • requests by law enforcement or other government agencies,

  • a request by the User (self-initiated account deletions),

  • discontinuance or material modification to the Service (or any part thereof),

  • unexpected technical or security issues or problems,

  • extended periods of inactivity,

  • engagement by the User in fraudulent or illegal activities, and/or

  • non-payment of any fees owed by the User in connection with the Services.

Termination of the User’s account includes:

  • removal of access to all offerings within the Service,

  • deletion of the User’s password and all related information, files and content associated with or inside the User’s account (or any part thereof),

  • barring of further use of the Service,

Further, the User agrees that all terminations shall be made in the Operator’s sole discretion and that the Operator shall not be liable to the User or any third party for any termination of the User’s account, any associated email address, or access to the Service.

Account Limitations

The Operator of the Service may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of SMS texts or email messages that may be sent from or received by an account on the Service, the maximum size of any SMS or email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the Operator's servers on the User’s behalf, and the maximum number of times (and the maximum duration for which) the User may access the Service in a given period of time. The Operator has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. The Operator reserves the right to log off accounts that are inactive for an extended period of time.

Furthermore, the Operator also may establish general practices and limits concerning the use of the User’s account, including without limitation: monitoring the User’s game data, restricting the User’s game play, removing the User from an event, or preventing the User from joining an event.

Member Conduct

The User agrees not to use the Service to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable,

  • post any comments, text, messages, or links in the forums or any public comments that contain any advertisements of any kind,

  • post any comments, text, messages, or links in the forums or any public comments that is off topic or irrelevant to the purpose and content of the original content, game, article, blog, or forum topic,

  • "stalk" or otherwise harass another;

  • impersonate any person or entity, including, but not limited to, another User of the Service, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity,

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service,

  • upload, post, email, transmit or otherwise make available any content that the User doses not have a right to make available under any law or under contractual or fiduciary relationships,

  • upload, post, email, transmit or otherwise make available any Content that includes the personal information of anyone else without their permission or that infringes any patent, trademark, trade secret, copyright, rights of publicity or other proprietary rights of any party,

  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose,

  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment,

  • disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges,

  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

  • access, tamper with, or use non-public areas of the Service, the Operator’s computer systems, or the technical delivery systems of the Operator’s SMS service providers;

  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

  • intentionally or unintentionally violate any applicable local, national or international law, and any regulations having the force of law; and/or

  • collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in the paragraphs above.

The User agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The User agrees that the User’s account is non-transferable.

Content

The User understands that all information, SMS, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.

The User acknowledges that the Operator may or may not pre-screen the User’s content, but that the Operator and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the Service.

Without limiting the foregoing, the Operator and its designees shall have the right to remove any content that violates these Terms of Service or is otherwise objectionable.

Indemnity

The User of the Service agrees to indemnify and hold the Operator and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content the User the User submits, posts, transmits or otherwise makes available through the Service.

 

Proprietary Rights

All right, title, and interest in and to the Service, including applicable copyrights, trademarks, and any other proprietary rights, are and will remain the exclusive property of the Operator and its licensors. All trademarks, service marks, logos, trade names, and any other proprietary designations of the Operator used herein are trademarks or registered trademarks of Roameo Polska Sp. z o.o. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. The Operator reserves all rights not expressly granted in these Terms and Conditions.

Disclaimer of Warranties

The User of the Service expressly understands and agrees that the use of the Service is at the User’s sole risk. The Service is provided in an availability basis, without any warranty of any kind. Without limiting the foregoing, the Operator expressly disclaims any and all warranties limiting the foregoing. The Operator expressly disclaims any and all warranties, whether implied or statutory, regarding the English by SMS system, the website and the interface, including, but not limited to any warranties of title, non-infringement, merchantability and fitness for a particular purpose.

Entire Terms and Conditions

These Terms and Conditions constitute the entire agreement between the User and the Operator and govern the User’s use of the Service, superseding any prior agreements between the User and the Operator with respect to the Service. If any provision of these Terms and Conditions is held invalid, the remainder of the Terms and Conditions shall continue in full force and effect. These Terms and Conditions and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by the User. The Operator may freely assign these Terms and Conditions, and the User expressly agrees that any intellectual property rights licensed to the Operator hereunder, including any rights to Content, are transferable to the Operator’s assignee without the User’s consent.

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