Terms and Conditions
1. Your Acceptance
This is an agreement between SmudgeInc (‘Teek’), the owner and operator of the Teek messaging App (‘Teek’), the SmudgeInc website (the ‘SmudgeInc Site’), the Teek software, including all content provided by Teek through the Teek Messaging App and the SmudgeInc website, the ‘Teek Service’ (‘the Service’) and you (‘you’ or ‘You’) a user of the Service.
2. Teek Service
These Terms of Service apply to all users of the Teek Service. Information provided by our users through the Teek Service may contain links to third party websites that are not owned or controlled by Teek. Teek has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Teek will not and cannot censor or edit the content of any third-party site. By using the Service you expressly acknowledge and agree that Teek shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Teek Access
A. Subject to your compliance with these Terms of Service Teek hereby grants you permission to use the Service provided that:
your use of the Service as permitted is solely for your personal use and you are not permitted to resell or charge others for use of or access to the Service or in any other manner inconsistent with these Terms of Service.
you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Teek's prior written authorization.
you will not attempt to reverse engineer, alter or modify any part of the Service.
In order to access and use the features of the Service you acknowledge and agree that you will have to provide Teek with your email address. Your mobile phone number will be requested but not required. You must provide accurate and complete information. You are solely responsible for the messages that you submit and that are displayed for your profile on the Teek Service. By using the Teek Service you accept that your messages may be used in the the suggestions for other Teek users conversations. You must notify Teek immediately of any breach of security or unauthorized use of your mobile device. Teek will not be liable for your losses caused by any unauthorized use of your account but you may be liable for the losses of Teek or others due to such unauthorized use.
C. You agree not to use or launch any automated system including without limitation ‘robots’, ‘spiders’, ‘offline readers’ etc. or ‘load testers’ such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Teek servers in a given period of time than a human can reasonably produce in the same period by using a Teek application and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Teek grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indexes of the materials but not caches or archives of such materials. Teek reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Teek clients. We have to disallow using request modification tools such as fiddler or whisker or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information including phone number or email address from the Service nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the Teek Service along with Teek created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Teek subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. The Service is provided to you for your information and personal use only. Teek reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service.
5. User Submissions
A. The Teek Service allows it’s users to submit text, profile photos and other communications. Direct messages, location data and photos or files that you send directly to other Teek users will only be viewable by those Teek user(s) or group(s) you directly send such information.
B. You shall be solely responsible for your own Location Submissions and the consequences of sending them. Teek is only acting as a repository of data and Teek makes no guarantees as to the validity or accuracy of any submission.
In connection with Submissions, you further agree that you will not:
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Teek all of the license rights granted therein.
publish falsehoods or misrepresentations that could damage Teek or any third party.
submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate
post advertisements or solicitations of business.
impersonate another person.
send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
interfere with or disrupt the integrity or performance of the Service or the data contained therein.
attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. Teek does not endorse any Submission or any opinion, recommendation or advice expressed therein. Teek expressly disclaims any and all liability in connection with Submissions. Teek does not permit copyright infringing activities and infringement of intellectual property rights via its Service and Teek will remove all content and Submissions if properly notified that such content or Submission infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material including the email address of the Teek user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) 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; and (vi) A statement that the information in the notification 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. Such takedown notices may be emailed to support at SmudgeInc.co.uk/teek. Teek reserves the right to remove content and Submissions without prior notice. Teek may also terminate a user's access to the Service if they are determined to be a repeat infringer or for any or no reason including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Teek employees. Teek also reserves the right to decide whether content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law such as but not limited to excessive length or limited interest. Teek may remove such content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. Teek permits you to link to materials on the Service for personal purposes only. Teek reserves the right to discontinue any aspect of the Teek Service at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE TEEK SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TEEK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. TEEK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) 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 (V) 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 TEEK SERVICE. TEEK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TEEK SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND TEEK 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. AND AGAIN, USE THIS JUST FOR FUN.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT TEEK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Teek from its facilities in the United Kingdom. Teek makes no representations that the Teek Service is appropriate or available for use in other locations. Those who access or use the Teek Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Teek, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Teek Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Teek Service.
9. Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the Teek Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the Teek Service.
These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Teek without restriction.
Teek reserves the right to amend or modify these Terms of Service at any time and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms your only recourse is to discontinue the use of the Teek Service. Your continued use of the Teek Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND TEEK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TEEK SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Information Teek Collects
Teek may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (‘Personally Identifying Information’).
User Provided Information: You provide certain Personally Identifiable Information such as your mobile phone number, your email address, push notification name (if applicable), billing information (if applicable) and mobile device information to Teek when choosing to participate in various uses of the Teek Service such as registering as a user and sending messages.
Cookies Information: When you visit the SmudgeInc Site we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Teek uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the SmudgeInc Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the SmudgeInc Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the SmudgeInc Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
The Information Teek Does Not Collect
Teek does not collect names, email addresses or other contact information from its users’ mobile address book or contact lists. The contents of messages that have been delivered by the Teek Service may be kept to be used as suggestions to other Teek users as part of the predictive messaging feature in the Teek service. The Teek Service is meant to be an SMS replacement, using data service through a user’s phone (either via cell network or wifi). Users type their messages which are sent via data service to our servers and routed to the intended recipient (who must also be a Teek user), if that recipient is online. If the recipient is not online, the undelivered message is held on Teek’s server until it can be delivered. If the message is undelivered for thirty (30) days, the undelivered message is deleted from our servers. Teek may retain date and time stamp information associated with successfully delivered messages and the users involved in the messages as well as any other information which Teek is legally compelled to collect.
The Way Teek Uses Information
When Teek Discloses Information
We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Teek Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the SmudgeInc Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary by law or to respond to a court order, subpoena, or search warrant or equivalent or where in our reasonable belief an individual’s physical safety may be at risk or threatened. Teek also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Teek believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or our servers and to protect the rights, property, or personal safety of Teek, our users or others.
Third-party Advertisers, Links to Other Sites.
Our Commitment To Data Security
Teek uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Teek and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Teek Service is never recommended. Once we receive your transmission of information Teek makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Teek learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Teek may post a notice on the Site or through the Teek Service if a security breach occurs.
Our Commitment To Childrens' Privacy
Protecting the privacy of young children is especially important. For that reason Teek does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the Site or Teek Service from persons under 16 years of age and no part of the Teek Service is directed to or intended to be used by persons under 16. If you are under 16 years of age then please do not use the Teek Service or access the Site at any time or in any manner. I
Special Note to International Users
In the Event of Merger, Sale or Bankruptcy
In the event that Teek is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice
Date Last Modified:
This Privacy Notice was last modified March 28th 2014.