Terms of Use / Service
PLEASE READ THESE TERMS OF USE CAREFULLY.

1. TERMS OF USE

Hellotxt is a web service available also on Iphone, Ipad and Android (“Hellotxt”, “we” or the “Service”) operated by Buongiorno s.p.a. which owns and runs various Websites, including but not limited to Hellotxt.com, and any part of them, (the “Websites”).
Hellotxt enables users in the communication and digestion of all their social information. Hellotxt makes easy to access and manage text and/or media to separate accounts on multiple social networks, publishing platforms, and micro-communication services from the web, mobile or by 3rd parties. Hellotxt works with the world's most popular social networking and web 2.0 sites.
By accessing and using the Websites, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE WEBSITES IN ANY MANNER. Hellotxt reserves the right to limit or terminate your access to the Websites if you do not comply with these Terms of Use.

By using Hellotxt you represent that you are old enough to enter into a legal obligation and are agreeing to these terms of use.

Hellotxt reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Websites after the posting of any changes to the Terms of Use means that you have accepted those changes.

2. RESTRICTIONS ON USE OF THE WEBSITES

Content You Post to the Websites

You may post and share comments and content with other users through the Websites. By using the Websites, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:

a. is harmful, threatening, abusive, harassing, tortuous, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
b. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
c. is illegal;
d. is tortuous, defamatory, libelous or invasive of another’s privacy or publicity rights;
e. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
f. you do not have a right to make available under law or contractual or fiduciary relationships;
g. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
h. bears any false, disguised or misleading origin;
i. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via the Websites. Hellotxt reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in the Websites and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF THE WEBSITES AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE THE WEBSITES AND THE SERVICES PROVIDED THEREBY.

Prohibited Activities

You may not use the Websites to do any of the following:

a. harass or advocate harassment of another person or entity;
b. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
c. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
d. transmit unsolicited mass mailings or “spam;”
e. collect or store any information about other users or members, other than in the normal course of using the Websites for their intended purpose of facilitating voluntary communication among users;
f. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.

You may not do any of the following to the Website:

a. use the Websites in any manner that could damage, disable, overburden, disrupt or impair the Websites or any Hellotxt server, or the network(s) connected to any Hellotxt server, or interfere with any other party’s use and enjoyment of the Websites
b. disobey any applicable policies or regulations of networks connected to the Websites;
c. modify, adapt, translate or reverse engineer the Website
d. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Websites;
e. frame the Websites or reformat them in any way; or
f. create user accounts using any automated means or under false pretenses.

Other Requirements

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only available via email.
You understand that Hellotxt uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Hellotxt.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You must not upload, post, host, or transmit unsolicited email, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Hellotxt) of other Hellotxt customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
Hellotxt does not warrant that the service will meet your specific requirements, the service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the service will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and any errors in the Service will be corrected.
You expressly understand and agree that Hellotxt shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Hellotxt has been advised of the possibility of such damages), resulting from: the use or the inability to use the service; the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the service; or any other matter relating to the service.
The failure of Hellotxt to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Hellotxt and govern your use of the Service, superceding any prior agreements between you and Hellotxt (including, but not limited to, any prior versions of the Terms of Service).

To the extent that you use or connect to any third party messaging and/or content delivery systems through the Websites, you agree that you will comply with all terms and conditions of use for such third party systems, including without limitation, the proper registration for, acquisition and use of a user name and password for such system.

You understand that the Websites and services offered thereby are offered to the public free of charge. If you use the Websites to advertise products or services in any way other than pursuant to a Advertising Agreement executed by you and Hellotxt (“Unauthorized Advertising”), Hellotxt reserves the right to restrict your access to the Websites and to contact you about such Unauthorized Advertising. If you are so contacted and wish to continue using the Websites for commercial use, you may request, or Hellotxt may request that you work with Hellotxt, subject to Hellotxt’s approval, to execute an Advertising Agreement defining the terms and conditions under which you may advertise on the Websites.

3. NO RESPONSIBILITY FOR THIRD PARTY CONTENT

You understand that the Websites act only as a forum and technical interface between users and that Hellotxt does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Hellotxt. Hellotxt cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.

You understand that you may be exposed to content that you find offensive to you, and that you use the Websites at your own risk.

4. LICENSE AND CONFIDENTIAL INFORMATION

By posting information or content to, or otherwise causing content to be displayed on, the Websites, you automatically grant, and you represent and warrant that you have the right to grant, to Hellotxt an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

No information or content of any kind that you submit to Hellotxt, upload, post, cause to be displayed or performed, transmit or otherwise make available using the Websites shall be deemed confidential or secret information.

5. COPYRIGHT AND TRADEMARKS INFORMATION

Hellotxt is a Buongiorno trademark

All other trademarks, trade names, service marks, service names are the property of their respective holders.

THIS SITE IS NOT AFFILIATED WITH OR ENDORSED BY
Twitter, Facebook, MySpace, LinkedIn, WordPress, LiveJournal, Blogger,Flickr, Hi5, Bebo, Delicious, FriendFeed, Friendster, Imeem, Plaxo, Blip.fm, Seesmic, Yammer, Posterous, Laconica, Identica, Ning, Tumblr, 12 Seconds, Tuenti, RTM, Hictu, Plurk, Blip.pl, peoplesound,Utterli, SocMedian, Presently, Mexicodiario, Kwippy, Jaiku, Gozub, Feecle, Brightkite, Zousa, Skyrock, Numpa, Meemi, Koornk, you are, Shoutem, Khaces, Fazkut, CustomURL, Plerb, Jiwai, Frazr, Fafou, Buzzherd, Multiply, Jisko, or Buboo

6. COPYRIGHT POLICY

In addition to any other use restrictions set forth in this Agreement, you may not engage in or facilitate the posting, modification, distribution, reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Hellotxt to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Websites in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the material that you claim is infringing is located on the Websites; (iii) your address, telephone number, and email address; (iv) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Hellotxt’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

By email: product.hellotxt@buongiorno.com (Attn: Copyright Agent).

7. PRIVACY POLICY

Hellotxt respects your desire for privacy. Hellotxt’s Privacy Policy can be found at http://www.hellotxt.com/privacy. By using the Websites, you are consenting to the terms of our Privacy Policy.

8. THIRD PARTY WEB SITES AND CONTENT

The Websites may contain links to third-party sites that are not under the control of Hellotxt, and Hellotxt is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Hellotxt endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through the Websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Hellotxt is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Websites.

In addition, links to advertising that has not been approved by Hellotxt may be embedded in third party content displayed on the Websites. Hellotxt is not responsible for any content, cookies, or other technology used in connection with such advertising.

9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE WEBSITES

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION AND SERVICES OFFERED ON THIS WEB SITE IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND HELLOTXT HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, MEEBO DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall Hellotxt be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Websites or information available from the Websites.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Websites. The Websites may contain technical inaccuracies or typographical errors. Hellotxt assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Websites.

Hellotxt may terminate or make changes to all or any portion of the Websites, product offerings, and any other information and materials on the Websites and may delete any content that has been submitted to the Websites at any time and without notice or liability.

10. INDEMNITY

You agree to indemnify, defend, and hold Hellotxt and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Websites, your connection to the Websites, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of the Websites. Any such indemnification shall include the payment of reasonable attorneys’ fees incurred in the defense of such claim.

11. TERMINATION OF ACCESS TO HELLOTXT; CONSEQUENCES OF VIOLATION OF TERMS OF USE

Hellotxt reserves the right to terminate your privilege to use the Websites at any time for any reason. In addition, Hellotxt shall have the right to (i) remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or these Terms of Use; and (iii) inform law enforcement of any illegal activity or material Hellotxt suspects or discovers on, through, or otherwise relating to the Websites and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.

12. GENERAL INFORMATION

The Terms of Use, the Privacy Policy and any applicable guidelines posted on the Websites constitute the entire agreement between you and Hellotxt, govern your use of the Websites, and supersede any prior agreements between you and Hellotxt relating to your use of the Websites (including, but not limited to, any prior versions of the Terms of Use or Privacy Policy). If you sign up or register for additional Hellotxt services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software. The failure of Hellotxt to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect.

13. DURATION AND TERMINATION

The agreement will be effective as of the date of your acceptance thereof by clicking on the accept button or similar buttons or links as may be designated by Hellotxt or the date of your first use and will remain effective until terminated by either Hellotxt or You.
Hellotxt may terminate or suspend the Service at any time. The termination or suspension may be without cause and/or without notice. Upon Service termination, your right to use the Service stops right away. ONCE THE CHANNEL SERVICE IS CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON THE SERVICE MAY NOT BE RETRIEVED LATER.
Hellotxt may at any time close your account if: (a) you supply misleading information at the time of registration, (b) you do not follow the terms stated in this agreement, (c) the use of your account contravenes the law or the conditions in this agreement, (d) there is reasonable suspicion that a crime has been committed, or (e) if there is a suspicion that you used your account to spam.

14. APPLICABLE LAW AND COURT HAVING JURISDICTION

The TOS shall be governed by and interpreted in accordance with the laws of Italy. If you not acting as a consumer, Court having exclusive jurisdiction is the Court of Milan, Italy.

15. LANGUAGE

The original English version of the TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

16. COMMENTS AND QUESTIONS

If you have any comments or questions you may address them to the customer service department at Hellotxt at product.hellotxt@buongiorno.com

© BUONGIORNO – Last revised: July 30, 2010