Pimp Tool 3.1.5

EULA - End User License Agreement

Legal Notice
Yahoo Messenger, Skype and Google Talk are trademarks, namely online IM services, belonging to companies that own intellectual property rights over them. Status Pimp is a registered trademark belonging to Status Pimp SRL, located in Romania. Status Pimp is an independent service offered and, consequently, is not and cannot be associated, under any circumstance, with any of these companies, and cannot be considered part / employee / collaborator / or any other entity affiliated to these companies.
By accessing and /or using the services provided by Status Pimp one does not violate in any way, any regulation regarding spam activities and / or any intellectual property laws.
Terms & Conditions – User
Introduction:
The following words /concepts are defined as follow: "STATUS PIMP", stands for SC Status Pimp SRL, a Romanian legal entity with registered office in Romania, Satu Mare, Liviu Rebreanu Street no. 30, postal code 440055, Satu Mare, registered at ORCT Satu Mare under no. J 30/227/2009, VAT number 25270859. “PIMPER" stands for any individual who accesses and uses any services provided by Status Pimp. "STATUS PIMP SERVICES” means any of the services provided by Status Pimp available to the Pimper. "CONTENT" means any information, data, text, graphics, video, messages and other materials, including links. "PIMP TOOL" is a nominal license, universal, royalty-free, non-transferable, non-exclusive usage, through which the Pimper can access and use services provided by Status Pimp. "STATUS" stands for content that the user wishes to share with, and only with all users included in his/her Messenger list (furthermore in its own list of friends / contacts with whom the user communicates on an individual basis). "TERMS & CONDITIONS" stands for the contractual relationship between and the Pimper and Status Pimp, more specific the contractual terms and conditions, which are provided herein. The legal relationship between Status Pimp and the Pimper will always be governed by these Terms & Conditions, unless there is some different and express understanding in this regard. Terms & Conditions represent a binding contract, in legal terms, between the Pimper and Status Pimp regarding the use of the Services provided by Status Pimp. You should carefully read this document and also should save a copy of these Terms & Conditions.
Terms of Agreement:
In order to be able to use the Services provided by Status Pimp you must first of all agree to the herein Terms & Conditions. You cannot use any service provided by Status Pimp if you do not accept the herein Terms & Conditions. The following points are considered your acceptance of these Terms & Conditions: (i) usage by the Pimper of Services provided by Status Pimp this is a situation where the Pimper confirms and agrees that Status Pimp will be entitled to consider that simply using its Services is an express acceptance of these Terms & Conditions, starting from that point on, without fulfilling any other formalities, (ii) checking the acceptance checkbox for the Terms & Conditions whenever this option is made available to the Pimper by Status Pimp, on the interface dedicated to the Service provided by Status Pimp. To accept these Terms & Conditions the Pimper must: (i) be 18 years old, (ii) have not violated these Terms & Conditions.
Providing Services by Status Pimp:
The Pimper declares and understands - namely - acknowledges and agrees that the Services provided by Status Pimp are constantly renewed in order to provide the best services to its Pimpers and thus recognizes the right of Status Pimp to change from time to time without any prior notice, the form and/or nature of the services they provide. The Pimper declares and understands - namely - acknowledges and agrees that during the process of renewing the Services provided by Status Pimp, the provision of these services (or some options related to these services) may discontinue (permanently or temporarily) for the Pimper, by free choice of Status Pimp, without prior notice. The Pimper declares and understands - namely - acknowledges and agrees that he/she is not required to use any of the services provided by Status Pimp. The Pimper declares and understands - namely - acknowledges and agrees that he/she can cease using the Services provided by Status Pimp at any time. It is understood that in this case the Pimper is not coerced to inform Status Pimp, specifically, about the cessation of using Status Pimp services. The Pimper declares and understands - namely - acknowledges and agrees that if Status Pimp restricts his/her access to his/her account, he/she will not be able to access the services provided by Status Pimp, (nor) the Pimper’s account details or any files or any other content that can be found in the Pimper’s account. The Pimper declares and understands - namely - acknowledges and agrees that in order to use the Services provided by Status Pimp, he/she should have access to the World Wide Web, and moreover bear all costs associated with such an access. The Pimper declares and understands - namely - acknowledges and agrees that in order to use the Services provided by Status Pimp, he/she must have all necessary equipment to be able to access to the World Wide Web.
Using Services Provided by Status Pimp:
To access the services provided by Status Pimp during the registration process, the Pimper will be asked to provide personal information (such as identification data and or contact details). The Pimper declares and understands - namely - acknowledges and agrees that any registration information he/she provides to Status Pimp will always be true, correct and in a timely manner. The Pimper declares and understands - namely - acknowledges and agrees that he/she will use the Services provided by Status Pimp only for those purposes that are permitted under the herein Terms & Conditions. The Pimper declares and understands - namely - acknowledges and agrees that he/she will not access (and or not attempt to access) any of the services provided by Status Pimp by means other than those specifically offered by Status Pimp. The Pimper declares and understands - namely - acknowledges and agrees that he/she will not undertake any activity that interferes with or affects the services provided by Status Pimp. The Pimper declares and understands - namely - acknowledges and agrees that he/she will not replicate, duplicate, copy or sell, resell the Services provided by Status Pimp for any purpose, unless there is an express agreement with Status Pimp to support this course of action. The Pimper declares and understands - namely - acknowledges and agrees that he/she is solely responsible (and Status Pimp bears no responsibility to him/her or to third parties) for any breach of these Terms & Conditions, or for any other consequences (including any losses or damages suffered by Status Pimp) which may arise during such violations.
Status Pimp Service Operation:
Status Pimp is an independent service. Status Pimp is not and cannot be associated, under any circumstance, with any of the companies offering Instant Messenger services. Status Pimp cannot be considered a part/employee/contributor or any other entity affiliated to these types of companies. Status Pimp services allow the Pimper to set and update automatically his/her status provided by Instant Messenger services (i.e.: Yahoo Messenger, Gtalk, Live Messenger, Skype, etc..), by using the client-server application. The Status Pimp client-server application provides the Pimper with a comprehensive suite of tools that allows the Pimper not to manually change the status in the Instant Messenger application, he/she having the opportunity to set one or more templates, depending of which, his/her status will automatically change. According to Instant Messenger services, the status available to a user can contain text with a length of up to 255 characters (which appears in black letters), as well as a link to a website (which appears in blue letters). The Pimper’s status is visible only for those users who are included in his/her list of Messenger (ie, in his/her own list of friends /contacts with whom the user communicates individually). By accessing or using the Services provided by Status Pimp one does not violate and is not contrary in any way, to any regulation in spam and or copywriting laws. As a result of the terms of agreement between Status Pimp and the Pimper, certified by the acceptance of these Terms & Conditions, the Pimper is entitled to install the software: PimpTool. PimpTool is an application which is independent of any Instant Messenger software. PimpTool is an application that does not hinder in any way, the usage of Instant Messenger software. PimpTool is an application that does not disturb in any way, the usage of Instant Messenger software. By installing the PimpTool, the Pimper enables Status Pimp to automatically set the user’s Instant Messenger status, according to one or more of the templates chosen solely by the Pimper. By installing the PimpTool, the Pimper has the opportunity to select statuses he/she wants to be displayed, from those made available (i.e. RSS feeds, text status or recommendations via messages) as well as to create his/hers own statuses. By Status we understand a private content that the user can communicate with, and only with those users who are included in his/her list of Messenger (ie, in his/hers own list of friends /contacts with whom the user communicates individually). The status’ content is the property of the Pimper. As a result, the Pimper is responsible for the accuracy, integrity or quality of such content. The Pimper, user of an Instant Messenger application, has the opportunity to monetize the status by displaying "recommendations" in it. Status monetization is done independently of the actual perfomance of the Instant Messenger application. The Pimper who chooses to have an automatic set and update of the messenger status, can also choose to display different campaigns’ recommendation with or without a commercial purpose. By a mere display of a recommendation, the Pimper is not monetized. The Pimper will be monetized on condition that the users included in his/her list of Messenger (ie, in his/her own list of friends / contacts with whom the user communicates individually) access the recommended campaign. One can access a recommended campaign, by clicking a link that, independent of the Instant Messenger application, directs the user from the Pimper’s Messenger list, to a website. By simply accessing the recommended link the action is not monetized. The user coming from the Pimper’s Messenger list, who accesses the Pimper’s recommendation message should inform himself/herself about the recommended campaign in such an extent that, the information that the Pimper wanted to communicate to the user, meets the purpose for which it was recommended. The Pimper’s recommendation is not and cannot be considered spam. The user from the Pimper’s messenger list, by accepting to be included in the Pimper’s database expressly and unequivocally manifests his/her agreement to submit to any content expressed by the Pimper on his/her status. The user from the Pimper’s messenger list, to the extent in which he/she accesses the Pimper’s recommendation, shows expressly and unequivocally, interest on the campaign which is recommended by the Pimper. The user from the Pimper’s messenger list is not required to access the Pimper’s recommendation. Depending on the attitude of the user from the Pimper’s messenger list, namely according to accessing the Pimper’s recommendation messages - subject to the conditions prescribed above – the Pimper is entitled to obtain an adequate remuneration.
Pimper’s Passwords and Account Security:
The Pimper declares and understands - namely - acknowledges and agrees that he/she is responsible to maintain the confidentiality of passwords associated to accounts that he/she creates to access the Services provided by Status Pimp. The Pimper declares and understands - namely - acknowledges and agrees that he/she is the only person to be hold responsible to Status Pimp for all activities that occur in his/her Pimper account. The Pimper declares and understands - namely - acknowledges and agrees that if he/she finds out that there has been an unauthorized use of his/her password and his/her account, he/she is required to immediately notify Status Pimp.
Information Confidentiality:
To find out more information about privacy please read the "Privacy Policy" document that can be found on www.statuspimp.com. Privacy Policy explains how Status Pimp treats and protects personal information about Pimpers. The Pimper declares and understands - namely - acknowledges and agrees that he/she agrees that Status Pimp uses personal data in accordance to the Privacy Policy mentioned herein.
Content of Services
The Pimper declares and understands - namely - acknowledges and agrees that all information accessible to him/her as part of the Services provided by Status Pimp or by using the services provided by Status Pimp is the responsibility of the person who originates that specific content. The Pimper declares and understands - namely - acknowledges and agrees that content which is presented as part of the services may be protected by intellectual property rights which are held by those who provide that specific content to Status Pimp. The Pimper declares and understands - namely - acknowledges and agrees that he/she cannot change, cannot rent, cannot lend, nor borrow, cannot sell, distribute or may not create derivations of that content (whether in whole or in part). The Pimper declares and understands - namely - acknowledges and agrees that by using the Services provided by Status Pimp he/she may be exposed to content that he/she may find offensive, indecent or unacceptable and that, in this respect, uses the Services provided by Status Pimp on his/her own risk. The Pimper declares and understands - namely - acknowledges and agrees that he/she is the only person responsible (and Status Pimp bears no responsibility against him/her or against third parties) for any content that he/she creates, transmits or posts during the usage of the services provided by Status Pimp and for the consequences of his/her actions (including any loss or damage Status Pimp may suffer).
Property Rights:
The Pimper declares and understands - namely - acknowledges and agrees that Status Pimp owns all rights, titles or legal interests in respect to services, including all intellectual property rights falling within the services (no matter if these rights are registered or not, and wherever they are in the world). The Pimper declares and understands - namely - acknowledges and agrees that the Services provided by Status Pimp may contain information that is considered confidential by Status Pimp and he/she will not disclose such information without prior consent in writing from Status Pimp. The Pimper declares and understands - namely - acknowledges and agrees that any provision of these Terms & Conditions does not grant the right to use any of the trade names, trademarks, service marks, logos, domain names and other distinctive signs of the Status Pimp brand. The Pimper declares and understands - namely - acknowledges and agrees that by using the Services provided by Status Pimp he/she will not use any trademark or service mark or a trade name or logo of a company in a way that can create or deliberately create confusion about the owner or authorized user of the marks, names or logos as specified herein.
Pimp Tool
Status Pimp grants the Pimper a nominal license, universal, royalty-free, which can’t be licensed and non-exclusive to use the PimpTool software. This license has as sole purpose to authorize the Pimper to use and benefit from the services provided by Status Pimp as described in these Terms & Conditions. The Pimper declares and understands - namely - acknowledges and agrees that he/she must not (nor allow anyone) to copy, modify, create derivations of, perform activities of reverse engineering, decompile or otherwise attempt to extract the source code from the PimpTool or part thereof. The Pimper declares and understands - namely - acknowledges and agrees that (i) he/she may not assign (or sublicense) the right to use the PimpTool, and (ii) cannot provide a guarantee for the insurer or the rights to use the PimpTool, and (iii) cannot transfer parts of the rights to use the PimpTool. Occasionally PimpTool can automatically download and install updates from Status Pimp. These updates are designed to improve, enhance and develop the services provided by Status Pimp and may take the form of programming errors fixes, enhanced functions, new software modules or completely new versions. In this respect, the Pimper declares and understands that - namely - confirms and accepts that he/she agrees to receive such updates (and permits Status Pimp to forward them) as part of the terms of use of the Services provided by Status Pimp.
Content Provided by Pimper:
The Pimper retains copyright and any other rights he/she already has on the content that he/she submits, posts or displays on or through the Service provided by Status Pimp.
By submitting, posting or displaying a specific content, the Pimper grants Status Pimp a perpetual license, irrevocable, universal and royalty-free non-exclusive to reproduce, adapt, change, to translate, publish, transmit to the public, to disclose publicly, and distribute any content that the Pimper forwards, posts or displays on or through the Services provided by Status Pimp.
The Pimper declares and understands - namely - acknowledges and agrees that this license includes the right of Status Pimp to make this content available to other companies, organizations or individuals to which Status Pimp provides syndicated services, and to use this content in the provision of providing these services. The Pimper declares and understands - namely - acknowledges and agrees that Status Pimp in the execution of technical operations for the provision of services to Pimpers, may: (a) transmit or distribute the content provided by the Pimper to various public networks and various media; / and / ( b) make the necessary edits to the Pimper’s contents so as to conform and adapt to the technical requirements of networks, devices, services or media liaison. The Pimper declares and understands - namely - acknowledges and agrees that this license will allow Status Pimp to perform all operations established in the previous section. The Pimper declares and understands - namely - acknowledges and agrees that he/she owns all rights, powers and authority to grant the above license.
Exclusions:
Status Pimp services are provided "as is" and Status Pimp will not provide you with any guarantee in this regard.
Specifically, Status Pimp does not guarantee that: (i) usage of the Services provided by Status Pimp will meet the Pimper’s requirements, (ii) the usage of the Services provided by Status Pimp will be seamless, on time, without any error, (iii) any information obtained by the Pimper as a result of this use of the Services provided by Status Pimp will be true or reliable, (iv) any defects or bugs arising in the operation or functioning of the PimpTool as part of the services provided by Status Pimp will be remedied. No conditions, warranties or other terms (including any implicit terms of quality, good compatibility as described) shall apply to Services provided by Status Pimp, except as expressly provided in these Terms & Conditions. No stipulation in these Terms & Conditions will affect the legal rights to which the Pimper is entitled (anyway) as a consumer, and that the Pimper cannot change or give up.
Limitation of Liability:
No stipulation in these Terms & Conditions shall exclude or limit liability of Status Pimp regarding the losses that cannot be excluded or limited under applicable law. Subject to the preceding paragraph, Status Pimp will not be liable to the Pimper for: (A) any indirect loss or consequence he/she may suffer. This includes any loss of profit (whether occurred directly or indirectly), any loss of assets or related to the Pimper’s reputation, or any loss of data suffered by the Pimper (and) (B) any loss or damage suffered by the Pimper as follows: (i) confidence on the completeness, accuracy or existence of an advertisement, or as a result of a relationship or transaction between the Pimper and an advertiser or sponsor whose ad appears in the Services provided by Status Pimp; (ii) changes that Status Pimp could bring to their services, without temporary or permanent interruption of its service delivery (or of options), (iii) the deletion, corruption, storage content errors and other communications data maintained or transmitted by or through using the Services provided by Status Pimp (iii) failing to provide accurate information in the Pimpers account, (iv) the Pimper failing to preserve the confidentiality and security of password or account data. Limitations on liability of Status Pimp against the Pimper as described in the preceding paragraph, applies even if Status Pimp was notified or not, or ought to have known of the possibility of such loss. Status Pimp is responsible to notifications regarding any alleged copyright infringement in accordance with applicable international law on intellectual property rights, and, consequently, acts to closing the accounts of persons who violate these rights.
Advertisements:
The services provided by Status Pimp are supported by revenue generated by advertisements and thus Status Pimp reserves the exclusive right to display advertisements and promotional advertising. These ads can be targeted at the content of information stored in the services provided by Status Pimp, queries made through the Services provided by Status Pimp, and other information. The manner, modality or quantity of advertisements which Status Pimp displays as part of its Services may be subjected to changes without (Status Pimp) committing to send a notice to that effect.
In return for the fact that Status Status Pimp grantes access to its services, and the right to use these services, the Pimper accepts that Status Pimp can post these ads in the Services it provides.
Other Content:
The Services provided by Status Pimp may include hyperlinks to other websites or content or resources. It is possible that Status Pimp has no control over any of these websites or resources which are provided by other companies or persons other than Status Pimp. The Pimper declares and understands - namely - acknowledges and agrees that Status Pimp is not responsible for the availability of these sites and external resources, and does not subscribe to any advertisement, any products or other materials available on these site sites or resources. The Pimper declares and understands - namely - acknowledges and agrees that Status Pimp is not responsible for any loss or any damage that the Pimper may suffer as a result of the availability of such external sites or resources, or as a result of the confidence the Pimper had on the completeness, accuracy or existence of advertisements, products or other materials on such websites or resources, or available on them.
Terms Modification:
Status Pimp may change these Terms & Conditions. When such amendments are made, Status Pimp will provide a new version of the Terms & Conditions for the Pimper. The Pimper declares and understands - namely - confirms and accepts that if he uses the Services provide by Status Pimp after the date these Terms & Conditions were changed, Status Pimp will consider further use of services by the Pimper as an acceptance of the updated Terms & Conditions.
Termination of Contract:
Terms & Conditions will continue to remain in force until they are denounced either by the Pimper, or by Status Pimp as provided below. The Pimper declares and understands - namely - acknowledges and agrees that if he/she want to end the contract with Status Pimp he/she may do so by: (i) sending a notification at any time to Status Pimp, / and / or (ii) close the Pimpers account, if Status Pimp granted this option. The Pimper declares and understands - namely - acknowledges and agrees that the notification of contract termination with Status Pimp should be sent in writing to the address provided at the beginning Status Pimp of these Terms & Conditions. The Pimper declares and understands - namely - acknowledges and agrees that Status Pimp may terminate this contract at any time if: (i) the Pimper violated one of the provisions of these Terms & Conditions, (ii) (B) Status Pimp decided to stop providing services to the Pimper, (iii) according to Status Pimp, provision of services to the Pimper is no longer commercially viable.