SeshMe

Terms of Service

SeshMe Terms of Service

SeshMe is a mobile app to organize get-togethers, meetings, groups or events where you need to gather your friends and contacts  – a ‘Sesh’.

SeshMe is currently provided as a free service. By downloading and using the app you agree to the terms of service below.

Terms of service

The following terms and conditions govern all use of the SeshMe service including without limitation this website (www.SeshMe.com) (collectively the “Service”). The service is offered subject to your acceptance without modification of all of the terms and conditions contained herein, including the provisions calling for arbitration of disputes that may arise out of use of the service, and all other operating rules, policies (including, without limitation, SeshMe’s privacy policy http://SeshMe.com/privacy) and procedures that may be published from time to time on this website by SeshMe (collectively, the “Terms”).

Agreement to be bound

Please read the Terms carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to be bound by the Terms. If you do not agree to the Terms, then you may not access or use the Service. SeshMe may amend the Terms from time to time and will provide notice of any substantive changes on this website. Continued usage of the Service constitutes acceptance of the amended terms.

Ability to enter into this agreement

The Service is available only to individuals who are at least 13 years old. By using the Service you represent that you are at least 13 years of age and otherwise able to enter into a valid and binding legal agreement and acknowledge that the terms constitute a valid, binding agreement between you and SeshMe.

SeshMe Service

SeshMe is a mobile application that allows groups of friends to quickly and easily create, share and organise common events (called a “Sesh”).

  • The primary interface is a mobile app.
  • User creates a sesh – a small event like a lunch gathering, a small party, a trip to a show or the movies, a meetup at the beach or park, or just drinks after work.
  • User can add friends from their existing mobile Contacts list to the Sesh
  • The app sends an invite to the friends list for that Sesh – if the friends also have SeshMe installed it will send them a SeshMe message, if they do not have SeshMe it will send them a specially formatted SMS
  • Invited friends can easily reply with Yes/No/Maybe and an optional comment.
  • The app keeps track of replies and builds a guest list.
  • Organiser and Invitees can send group messages to each other about the Sesh – so they can organise and update each other

SeshMe messages and consent

You represent and warrant to us that each person you add to a Sesh has consented to be added to the Sesh and to receive text messages from you and anyone else invited to the Sesh, and consent to receive periodic messages from SeshMe.

Text messaging fees

SeshMe does not charge a fee to use the service, and in-app messaging is a feature of the Service.  SMS messaging is linked to the Service, but not a part of the app. Any text messages sent and/or received may be subject to standard text messaging rates.

SeshMe accounts and use of service

If you create an account on SeshMe, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify us of any unauthorized uses of your account, or any other breaches of security. We will not be liable for any acts or omissions by any user, including any damages of any kind incurred as a result of such acts or omissions. Further, you agree that you will provide only truthful information in your user profile and will not falsify your phone number or spoof another individual’s phone number.

User responsibilities

If you operate a Sesh, post material to one, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the Content of, and any harm resulting from, that Content. By using the Service, you assume responsibility for your use of the Service and agree not to use it in ways not explicitly authorized by SeshMe. You represent and warrant that you own and control all of the rights to the Content that you share using the Service, or you otherwise have the right to post or share the Content on the Service; and represent and warrant that the use and posting of the Content you supply does not violate the terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.

Using the service means that you will:

  • Only send messages to people who have expressly agreed to receive text messages from you and SeshMe;
  • Comply with all applicable laws and regulations;
  • Not infringe on the intellectual property or privacy of others;
  • Only share Content that is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • Fully comply with any third-party licenses relating to the Content, and have completed all acts necessary to successfully pass through to end users any required terms;
  • Ensure that the Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content;
  • Ensure that the Content is not spam, is not machine- or randomly-generated, and does not contain commercial content;
  • Ensure that the Content is not being sent in connection with any unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • Comply strictly with any carrier agreements and terms associated with your mobile device; and
  • Not attempt to disrupt the service.

Content

Any content transmitted by users is not representative of our opinions including our employees.

Content licensing

By using SeshMe and submitting Content within the app, you grant us a world-wide, royalty-free, perpetual, fully sub-licenseable and non-exclusive license to reproduce, modify, adapt and publish the Content in connection with the Service. Without limiting any of those representations or warranties, SeshMe has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in SeshMe’s opinion, violates any SeshMe policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the service to any individual or entity for any reason, in SeshMe’s sole discretion. This may include modifying or stopping the service in its entirety.

Copyright claims

We respect the intellectual property of others. If you think material shared in a SeshMe group violates any of your copyrights, please contact SeshMe.

The following steps should be followed when sending a Take Down notice to us.

Send an email to copyright@SeshMe.com.

Include details of the infringement, including an identification of the copyrighted work(s) claimed to have been infringed, identification of the material that is claimed to be infringing, and information sufficient for us to locate the material.

Include a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

Include a statement that the above information is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Add your name and address.

We will reply to all such notices, including as required or appropriate by removing any infringing material or eliminating all links to the infringing material. Should a user repeatedly infringe on copyrights or other intellectual property, SeshMe will terminate that user’s access to SeshMe.

Modifications to and termination of the service

SeshMe may periodically make updates to the service. Disruptions to the service are rare but may occur. SeshMe reserves the right to terminate the service at its sole discretion. This may prevent you from accessing any content made available through or on the service.

Privacy policy

Messages transmitted via SeshMe are subject to the SeshMe Privacy Policy, available online at http://SeshMe.com/privacy-policy

Termination of access to Content and Service

We reserve the right to block access to any Content and to terminate your or any member’s access to the service at any time, with or without cause, with or without notice, effective immediately. Provisions of the terms which on their face are intended to survive shall survive such termination. Your access to Content may be terminated.

Disclaimer of warranties

Your use of the software and service is at your sole risk. The software and service are provided on an “as is” and “as available” basis. SeshMe and its affiliates expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. SeshMe does not guarantee the accuracy, completeness, or usefulness of the Service, and you rely on the Service at your own risk. Any material transmitted or stored through use of the Service is done at your own discretion and risk and you will be solely responsible for any damage or loss of data that results from the transmission of any material through the Service. No advice or information, whether oral or written, obtained by you from SeshMe or through or from the Service will create any warranty not expressly stated in this agreement.

Limitation of liability

Neither SeshMe nor our affiliates, licensors or suppliers will be liable for any 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 SeshMe has been advised of the possibility of these damages), resulting from your use of the software or Service. Under no circumstances will SeshMe’s or our affiliates’, licensors’ or suppliers’ total liability of all kinds arising out of or related to this agreement (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the greater of the total amount paid by you to SeshMe for the software or service or $50. The limitations set forth in this agreement apply even if any limited remedy under this agreement fails of its essential purpose.

Indemnification

You agree to indemnify and hold harmless SeshMe, its contractors, affiliates and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the software and/or Service, including but not limited to your violation of the terms, or your breach of any representation or warranty contained in these terms.

Force majeure

We will not be liable to you for any delay or failure to perform any obligation under the terms if the delay or failure is due to circumstances beyond our reasonable control.

Miscellaneous

These terms constitute the entire agreement between SeshMe and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of SeshMe, or by the posting by SeshMe of a revised version. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing or otherwise be authorized. There are no third party beneficiaries to the terms. Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms remain in full force and effect. 

Jurisdiction

The laws of the Commonwealth of Australia govern the use of the Service. You expressly agree that the courts in the State of NSW, Australia have exclusive jurisdiction over any claim or dispute with SeshMe or relating in any way to your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Updated June 19TH, 2012.