Terms of Use

These Terms of Use govern your use of ShakeBee, created by ShakeBee Team. Prior to your use of ShakeBee, please read and decide whether you agree to these Terms of Use. By using ShakeBee, you hereby acknowledge and agree to be bound by these Terms of Use and by ShakeBee’s Privacy Policy. If you do not agree to any of the following Terms of Use, then please do not use ShakeBee.

ShakeBee Service

ShakeBee is a downloadable software application for mobile devices which allows its users to send and receive secret messages. ShakeBee is free to download and free to use, except when you edit pre-defined messages or create new Topics, in which case, payment will be $0.99. Also, international data roaming charges may apply if you are using 3G service while traveling outside of your home country and ShakeBee is serviced from a foreign cellular network (rather than via Wi-Fi).

Eligibility

You must be at least 14 years old to use ShakeBee. If you are not at least 14 years old, then a parent or legal guardian must read and consent to these Terms of Use on your behalf.

Other End User License Agreements

Certain other end user license agreements and/or terms of use (such as those published by your wireless carrier and/or mobile device manufacturer) may also govern your use of ShakeBee, provided that our Terms of Use will control in the event of a conflict with any such other agreement.

Ownership

The content of ShakeBee, other than Submissions (as defined below) by users, including all software, text, visual, and content ("Content") and SHAKEBEE's trademarks and logos, including ShakeBee and ShakeBee ("Marks"), is owned by or licensed to SHAKEBEE and is protected under international laws.

Use of ShakeBee

You are responsible for your use of ShakeBee, and for any use of ShakeBee made using your device. You agree not to access, copy, or otherwise use ShakeBee, including our Content and Marks, except as authorized by these Terms of Use or as otherwise authorized in writing by SHAKEBEE. If you decide to enter a mobile phone number (or other personal information) in connection with your use of ShakeBee, you agree only to enter the mobile phone number associated with your account (and other accurate personal information about you). You also agree not to use ShakeBee to:

• violate any law or regulation;
• violate or infringe other people's intellectual property, privacy, or other rights;
• transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion;
• violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and/or mobile device manufacturer;
• send unwanted messages or any unauthorized advertising or commercial communications, such as spam;
• transmit any malicious or unsolicited software;
• stalk, harass, or harm another individual;
• impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
• violate any requirements, procedures, policies or regulations of networks connected to ShakeBee; or
• interfere with or disrupt ShakeBee.

Messages

Messages that you send using ShakeBee are subject to our Privacy Policy.

Feedback

We always welcome and appreciate your feedback and suggestions about your experience using ShakeBee and ways to improve our service and product. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.

Support

If you have questions or need help using ShakeBee, please feel free to email us with your questions or comments at contact@shakebee.me.  We try to respond to your questions within 24 hours.

Mobile Services

ShakeBee features many services that are available on mobile phones, primarily text messaging. We don't charge you for these services, but please be aware that your wireless carrier's normal data rates may apply and are your sole responsibility, as described above under the section, ShakeBee Service.
Using certain mobile services may also be prohibited or restricted by your wireless carrier and/or mobile device manufacturer, and ShakeBee may not work with all carriers or mobile devices.
By using ShakeBee, you consent to our communicating with you by text message or other electronic means to your mobile device and that certain information about your usage of ShakeBee may be communicated to us.

Links to Other Websites

ShakeBee may contain links to other websites (such as in advertisements), or allow others to send you such links. A link to a third party's website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. Your access to such third-party websites or content shall be at your own risk, and you should always read the terms of use and privacy policy of a third-party website before using it. SHAKEBEE shall not be responsible for any damages or loss related to the use of any contents, goods or services available on or through any third-party website.

Privacy

SHAKEBEE respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you and your messages. By using ShakeBee, you also agree to abide by our Privacy Policy.

ShakeBee Modifications

SHAKEBEE enhances and updates ShakeBee often. We may also need to discontinue services we offer from time to time. You understand and agree that we may modify or discontinue ShakeBee, with or without notice to you. SHAKEBEE shall not be liable to you or any third party for any modifications made to, or the discontinuance of, ShakeBee.

Termination

SHAKEBEE reserves the right not to provide ShakeBee to any user, and also reserves the right to terminate any ShakeBee user at any time, in our discretion. If you violate any of these Terms of Use, your permission to use ShakeBee will automatically terminate.

Disclaimer of Warranties and Limitations on Our Liability

USE OF SHAKEBEE SHALL BE AT YOUR OWN RISK. SHAKEBEE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHAKEBEE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO SHAKEBEE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

SHAKEBEE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AVAILABLE ON OR THROUGH SHAKEBEE, OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO OR FROM SHAKEBEE. SHAKEBEE AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF SHAKEBEE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SHAKEBEE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH SHAKEBEE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH SHAKEBEE.

FURTHERMORE, SHAKEBEE AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH SHAKEBEE OR ANY LINKED WEBSITE. SHAKEBEE AND ITS AFFILIATES ARE NOT A PARTY OR SHALL BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SHAKEBEE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHAKEBEE OR THROUGH SHAKEBEE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SHAKEBEE NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE USE OF SHAKEBEE.

Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent SHAKEBEE may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of SHAKEBEE's liability shall be the minimum permitted under such law.

Indemnification

You agree to indemnify, defend, and hold harmless SHAKEBEE, and its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your Submissions, messages, feedback, or any other content) you or anyone using your account or device submit, post, or transmit using ShakeBee; (b) the use of ShakeBee by you or anyone using your account or device; (c) the violation of these Terms of Use by you or anyone using your account or device; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account or device. SHAKEBEE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SHAKEBEE in asserting any available defenses.

Force Majeure

Under no circumstances shall SHAKEBEE be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

Other Provisions

ShakeBee service is being provided based on servers located in South Korea, and it does not guarantee the usability or quality of use if used outside of South Korea. You will have to decide based on your sole judgment and responsibility whether to use ShakeBee service if you are outside of South Korea. Also while you are using ShakeBee, you are responsible for complying with all local laws and regulations where you reside.
These Terms of Use shall be governed by and construed in accordance with the laws of South Korea, without giving effect to any conflict of laws rules or provisions. You agree that any action at law or in equity arising from or relating to these Terms of Use, ShakeBee, or SHAKEBEE will be filed only in courts located in South Korea, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The failure of SHAKEBEE to enforce any right or provision of these Terms of Use will not be deemed a waiver of that right or provision.

Terms of Use Changes

From time to time, SHAKEBEE may change these Terms of Use, in which case we shall inform you by posting the revised ShakeBee Terms of Use on the SHAKEBEE website. Changes shall go into effect on the Revision Date shown in the revised Terms of Use. Your continued use of ShakeBee constitutes your consent to be bound by the revised Terms of Use.

Updated: April 1, 2012