This is an agreement between MTPO Sigma CO, the owner and operator of http://www.blank.im (the “Blank Site”), the Blank Software, or “Software” including Blank Messenger (collectively, including all content provided by Blank through Blank Messenger and the Blank Site, the “Blank Service”, or the “Service” or “Blank” or “we” or “us” or “our” or other similar pronouns), and you (“you” or “You”), a user of the Service.
1. Changes and updates to this EULA
This EULA may be revised periodically and this will be reflected by the “effective date” below. Once this EULA is updated or amended, Blank will release the updated terms of the EULA in the Software or on Blank’s web page at http://blank.im. Please revisit this page to stay aware of any changes. Your continued use of the Blank Site and Blank Service constitutes your agreement to this License Agreement and any amendments.
2. Scope of License
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, non-sublicensable license to use the Software on any mobile device or personal computer that you own or control. Any commercial copying or distribution, publication or exploitation of the Site, or any content, software, code, data or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by us that replace and/or supplement our Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
3. Consent to Use of Data
You agree that Service may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Software. Blank may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
The license is effective until terminated by You or Blank. Your rights under this license will terminate automatically without notice from Blank if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Software, and destroy all copies, full or partial, of the Software.
Without the prior written consent of Blank, you may not:
(a) reproduce the Software in whole or in part;
(b) sell, assign, sub-license, disclose, or otherwise transfer or make available the Software in whole or in part to any third party;
(c) use the Software to provide services to third parties;
(d) implement, use, sell, distribute, transfer or permit any third party to implement, use, sell, distribute or transfer the Software and all the intellectual property rights thereof for the purpose of profit making;
(e) copy, alter, amend, run by mount or create any derivative works based on the Software or any part or component thereof, data released to any mobile communication terminal’s internal memory by the Software and interactive data between client terminal and server’s terminal during the Software’s operation for the avoidance of doubt, the forms of such restricted acts include, but not limited to, the creation of plug-ins, add-on programs, outside hanging or any unauthorized third party’s tool/service accessing the Software and correlative systems);
(f) remove, delete or alter any proprietary notices or marks (including without limitation the copyright statements) on the Software;
(g) reengineer, de-compile, disassemble, alter, translate or reverse engineer the Software or any part or component there to applicable laws which permit such activities notwithstanding this contractual prohibition;
(h) amend or destroy the original state of the Software;
(i) use the Software to take any actions to threaten the security of the network, including but not limited to using data or entering server/account without permission; entering public networks or others’ operating systems and deleting, amending or adding the stored information without permission; attempting without permission to detect, scan or test the weakness of the Software system or the network or attempting without permission to conduct any other activities to damage the network security system; attempting without permission to intervene with or affect the normal operation of the Software or the website; intentionally spreading malicious programs or viruses, and taking other actions to damage or intervene with the normal information service of the network; forging part or all of the titles of TCP/IP packets;
(j) log in or use the Software and Services of Blank by means of a third party’s compatible software or system not developed, authorized or approved by Blank; as to the Software and Services of Blank, the Licensee uses the plug-ins and outside hanging not developed, authorized or approved by Blank;
(k) use the Software without the prior written consent of Blank to use, lease, lend, copy, revise, link to, cite, compile, issue or publish the information related to the Software, or to build mirror websites of said information or to develop related derivative products, works, services, plug-ins, outside hanging, compatibility or interconnection without authorization;
(l) use the Software to publish, deliver, transmit or store any content that contravenes the laws of any country, or threatens the national security, social stability, public order and morals of any country, or to publish, deliver, transmit or store any content that is inappropriate, insulting, defamatory, obscene, violent and against the laws, regulations and policies of any country;
(m) use the Software to publish, deliver, transmit or store content that infringes other’s intellectual property rights, trade secrets or other legal rights;
(n) use the Software, to issue, deliver or transmit bulk advertisements, unsolicited communications, spam and junk information;
(o) use the Software to deliver, transmit or otherwise accomplish the transmission of the files including pictures, photos, software or other materials, which are under the protection of intellectual property laws, such as (but not limited to), copyright or trademark laws (or right of privacy or right to publicize), unless the Licensee owns or controls the related rights or have obtained the necessary authorization;
(p) use the Software to amend or forge the instruction, data and data packet in the running of software works, add, delete, decrease or change the functions or running effects of software, spread the Software for the foresaid purposes to the public through information network, or operate them;
(q) use the Software to apply the Software and Services offered by Blank to the running of equipment putting humans and their belongings in danger. The Licensee understands that the Software and Services offered by Blank are not designed for the above purposes and to the maximum extent as permitted by applicable law, Blank will not bear any liability or be responsible for the personal injury or death, grave losses of belongings and destruction of environment due to the above unsuccessful operations arising from the Software and Services;
(r) sell, lease, lend, spread, transfer or sub-license the Software and/or Services or gain profits from using the Software and/or Services regardless of whether the above acts were committed for the purpose of achieving direct economic or money earnings;
(s) use the Software and other Services offered by Blank in any other illegal manner, for any illegal purpose or in any form inconsistent with this EULA.
6. The Service
In the course of using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
We make no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.
7. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE BLANK SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BLANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. BLANK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BLANK SERVICE. BLANK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BLANK SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND BLANK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
8. Intellectual Property
Blank reserves all rights, implied or otherwise, which are not expressly granted to you hereunder. Blank retains all ownership of and all rights, title and interest in and to the Software, including, without limitation, all intellectual property rights, excluding only any third party components incorporated therein. You may not modify the Software or any portion thereof in any manner. Blank reserves all rights not expressly granted in and to the Service. The Service is provided to you AS IS for your information and personal use only. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.
You agree to indemnify and hold harmless Blank, their respective officers, directors, affiliates, employees, principals, shareholders and agents from and against any and all claims, causes of action, demands, losses, damages, costs and expenses of any type (including attorneys fees) arising out of or in connection with any breach of this Agreement by you, or any wrongful or negligent act or omission by Licensee or its officers, employees or agents.
10. Third Party Components
The Software is distributed with certain third party components licensed to Licensor pursuant to “open source” licenses. Certain provisions of such licenses are required to be included in any distribution of such third party components. You are agreeing to those terms set out in the text files accompanying the Software when you use the Software (such licenses are incorporated by reference). A copy of such terms is available from Blank prior to downloading the Software at the following URL: http://blank.im/thirdparty/. Any such third party component is provided with the rights set forth in the applicable license terms, and is provided “AS IS” with no warranties. Such third party license terms do not apply to the Software as a whole, and do not apply to the proprietary portions of the Software owned by Blank.
11. Links to Third Party Websites
Information provided by our users through the Blank Service may contain links to third party websites that are not owned or controlled by Blank. Blank has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Blank will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Blank shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. You will need to make your own independent judgment regarding your interaction with these Third Party Sites.
12. Note to International Users
The Blank Site and Service are hosted in the Russian Federation and is intended for and directed to users in the Russian Federation. If you are accessing the Website from the European Union, Asia, United States or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Russian Federation laws, please be advised that through your continued use of the Website, which is governed by Russian Federation law, this EULA, you are transferring your personal information to the Russian Federation and you consent to that transfer.
This EULA is written in English, although it may be translated into another language at sole discretion of Blank or by the requirement of law, the English version shall prevail.
14. Changes and updates to this EULA
Date Last Modified:
This Privacy Notice was last modified June 14th, 2015