Honesty Box is a Facebook Platform Application for personal use that allows Users to send and receive anonymous messages. The extent to which your anonymity is protected is stated in our Privacy Policy. Subject to the limitations herein, we allow any member of Facebook to use Honesty Box within his or her Facebook account. Please read this Agreement carefully as it contains important information regarding your legal rights, remedies and obligations.

IT IS OUR STRICT POLICY NOT TO PUBLISH OR OTHERWISE RELEASE THE CONTENT OF MESSAGES SENT BY USERS OR THE IDENTITY OF THE USERS THEMSELVES, EXCEPT AS PROVIDED FOR IN THIS AGREEMENT AND OUR PRIVACY POLICY.

Important Note: Anonymous messages can be fun, and enable you to share constructive criticisms or gossip among your friends. However, certain individuals may abuse a lack of accountability to send messages that are upsetting, frightening, harassing or insulting. We urge you to act responsibly, and to refrain from either sending such messages or encouraging anyone to send them to you. IF AT ANY TIME YOU RECEIVE AN UPSETTING, DISTURBING, FRIGHTENING OR HARASSING MESSAGE, PLEASE DO THE FOLLOWING:

1. DO NOT RESPOND IN ANY WAY—A NON-RESPONSE TO A DISTURBING MESSAGE IS THE BEST WAY TO DISCOURAGE ITS SENDER;
2. CLICK ON "IGNORE USER" (This will prevent you from receiving anonymous messages from the person with that Facebook ID; also, we block from Honesty Box any user that is "ignored" by multiple Users); AND
3. IF YOU WISH NEVER TO RECEIVE SUCH MESSAGES FROM ANYONE, REMOVE HONESTY BOX FROM YOUR FACEBOOK ACCOUNT IMMEDIATELY.

In all but the most severe cases, the above actions should be sufficient, and you will not need to proceed any further. However, if a specific message or series of messages sinks to the level of criminal activity—i.e., someone threatens you with serious bodily harm, or engages in criminal stalking or harassment—please review the procedures for reporting such a message.

By using Honesty Box, including but not limited to, adding it to your Facebook account, viewing messages people have written to you, writing messages to other Users or replying to messages Users have sent you, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Use, our Privacy Policy, Facebook's Platform Application Terms of Use, Facebook's Terms of Use, Facebook's Privacy Policy and with any other posted guidelines or rules applicable to any feature or service in connection with Honesty Box, such as our Frequently Asked Questions. If you don't agree to any part of these Terms of Use, please do not add or use Honesty Box in any way. Where the terms contained in this Agreement differ from the Facebook Platform Application Terms of Use, Facebook Terms of Use or Facebook Privacy Policy, the terms contained in this Agreement shall govern and control your use of Honesty Box.

1. Amendments to this Agreement.

   We reserve the right to change these Terms of Use and any other Honesty Box guidelines at any time. Any modification to this Agreement will become effective immediately upon posting. You will be responsible to check this Agreement from time to time to see if there are any changes to it that might affect your use. Continued use of Honesty Box after any such change will constitute acceptance of all changes. If you do not agree with these Terms of Use as they may be amended, you must immediately terminate your use of Honesty Box and remove it from your Facebook account.

2. Definitions.

   "Agreement" or "Terms of Use" means this document, the Honesty Box Terms of Use, as it may be amended, modified or changed in anyway from time to time.

   "Facebook" is defined in the Facebook Terms of Use.

   "Honesty Box" means Selah's Honesty Box Facebook Platform Application, which includes any Content, service, or property accessible in connection with Selah's Honesty Box Facebook Platform Application, whether appearing on our Honesty Box Web site, your Facebook account or profile, the Facebook account or profile of any Users, or Content sent to Facebook users who have not yet added the Honesty Box, in which case those messages are stored on our servers and will appear on the Facebook userâ™s profile when they add Honesty Box. This includes, but isn't restricted to, all text, images, and software.

   "Honesty Box Web Site" means http://apps.facebook.com/honesty/.

   "Facebook Platform Application" means "Platform Applications", as that term is defined in the Facebook Platform Application Terms of Use, and means generally an application developed by Facebook or a third-party on the Facebook Platform.

   "Content" means any content, service, property or materials, including advertising, features or groups of features or data that are visible to Users or transmitted between Users of Honesty Box or by a User of Honesty Box to a Facebook user, but only through Honesty Box, including all sent and received messages, discussions, images, text, software and other content located or otherwise displayed within Honesty Box, whether generated by Users or by Honesty Box.

   "Selah," "we," "us," or "our" refer to Selah Development S.A., a Canada corporation.

   "Users" or "you" as used herein refer collectively to any Facebook users who add Honesty Box to their Facebook account, any Facebook users who send messages to other Users, any Facebook users who receive messages from other Users, or any Facebook users who reply to messages that were sent to them from other Users.

3. Your License.

   You may use Honesty Box subject to the following terms and conditions:

   Honesty Box is intended for personal use by individuals to allow them to send and receive anonymous messages. Any unauthorized, commercial use of Honesty Box or resale, repurposing, or reproduction of our services or Content of Honesty Box is expressly prohibited. This includes providing links to specific Content related pages other than to the Honesty Box Web Site for any commercial purpose that has not been specifically authorized by us in writing as well as using Honesty Box to contact other users for commercial purposes.

   You agree not to attempt to, or encourage others to, bypass the authentication and security mechanisms maintained by us or to reverse engineer the software that runs Honesty Box including, without limitation, not to post messages on the Honesty Box Web Site, either in the public comments section or elsewhere, that relate to, describe or include a hyperlink to another Web page that in any way discusses bypassing Honesty Box's authentication and security mechanisms or discusses reverse engineering the software that runs Honesty Box.

   Honesty Box is dependent for its existence on Facebook. In the event that Facebook changes its application or its policies or procedures, we reserve the right to cancel your use of Honesty Box and/or amend this Agreement to accord the use of Honesty Box with Facebook.

   You agree not to use any stratagem, means, code or other device to circumvent the anonymity provided by Honesty Box, or to otherwise discern or allow the discernment by others of the identities of our Users.

   You agree not to post any Content on, or through the services of, Honesty Box that (a) infringes any third-party intellectual property or publicity/privacy rights, (b) violates any applicable law or regulation, or encourages such violation, (c) promotes any criminal activity or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons or explosive devices, violating someone's privacy, or providing or creating computer viruses (d) is defamatory, fraudulent, obscene or child pornographic, (e) is meant to intimidate, harass or promote violence, (f) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users (g) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (h) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (i) is otherwise tortious or criminal, (j) is related to any service in connection with any junk e-mail, spam, or unsolicited messages, commercial or otherwise.

   The following is a partial list of the kind of activity that is illegal or prohibited when using Honesty Box. We reserve the right, but absolutely have no obligation to, investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting your Facebook account to Facebook or reporting you to law enforcement authorities. Prohibited activities, where we reserve the right to divulge the violator’s Facebook identity include, but are not limited to:

   1. Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, incitement to suicide, stalking, spamming, scraping, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
   2. Advertising to, or solicitation of, any User to buy or sell any products or services through Honesty Box. You may not transmit any chain letters, junk messages, spam or pyramid scheme messages to other Users. It is also a violation of this Agreement to use Honesty Box or any information obtained from the Content of Honesty Box in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the number of anonymous messages which a User may send to other Users in any 24-hour period to a number which we deem appropriate in our sole discretion. If you breach this Agreement and send unsolicited bulk messages or other unsolicited communications of any kind through Honesty Box, you acknowledge that you will have caused substantial harm to Honesty Box, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay us $50 for each such unsolicited anonymous message or other unsolicited communication that you send through Honesty Box;
   3. Soliciting personal information from anyone under age 18;
   4. Automated use of Honesty Box, such as using scripts or robots to send messages or to scrape information from Honesty Box or its Content without our permission;
   5. Interfering with, disrupting, or creating an undue burden on Honesty Box or our servers;
   6. Attempting to impersonate another User or person or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any person or entity;
   7. Using the account, username, or password of another Facebook user to send or receive messages through Honesty Box at any time or disclosing your Facebook password to any third party or permitting any third party to access your Facebook account to send or receive messages through Honesty Box;
   8. Sending messages to Users, or otherwise making available to Users through Honesty Box, any Content that we, in our sole discretion, deem to be:
      • harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; or
      • intended to induce or encourage the User to commit bodily harm, whether to himself or others, up to and including murder or suicide;
   9. Sending messages to Users, or otherwise making available to Users through Honesty Box, any Content that may contain software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
   10. Using Honesty Box in a manner inconsistent with any and all applicable laws and regulations.

   We expressly reserve the right to take appropriate legal action—including reporting your Facebook identity to Facebook or a law enforcement agency—in the event that your Content contains information necessary to prevent the commission of a crime, to recover stolen goods or to apprehend a criminal.

   The expressive elements, methods, techniques and trademarks displayed on Honesty Box are owned by Selah and may not be duplicated or otherwise infringed.

   You must be thirteen years of age or older to use Honesty Box. If you are under the age of 13, you may not use Honesty Box or it's Content, features and services. Use of Honesty Box is void where prohibited. We may prohibit any user from using or accessing Honesty Box for any reason, at any time.

4. User Disputes.

   YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE RESERVE THE RIGHT, BUT HAVE ABSOLUTELY NO OBLIGATION TO DELETE MESSAGES THAT WE DEEM IN OUR SOLE DISCRETION TO BE OFFENSIVE OR DISCLOSE THE IDENTITY OF A USER TO ANOTHER USER, INDIVIDUAL OR ENTITY, EXCEPT IF DIRECTED TO DO SO BY A COURT OF COMPETENT JURISDICTION, AS FURTHER PROVIDED IN OUR PRIVACY POLICY.

5. Privacy.

   Please see our Privacy Policy.

6. Disclaimer of Warranty.

   YOU UNDERSTAND THAT YOU ARE USING HONESTY BOX ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

   WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF HONESTY BOX AND/OR ANY SERVICE OR FEATURE. WE DO NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR OTHER MATERIALS USED IN CONNECTION WITH HONESTY BOX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

   YOU UNDERSTAND AND AGREE THAT YOU ADD OR OTHERWISE INSTALL AND USE HONESTY BOX AND/OR ANY SERVICES OR FEATURES, AND RECEIVE OR ARE OTHERWISE EXPOSED TO CONTENT FROM AND THROUGH HONESTY BOX AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER OR MOBILE DEVICE, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

7. Limitation of Liability.

   WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, OR ALTERATION (INCLUDING DELETION) OF ANY FEATURES OR CONTENT, PUBLIC OR PRIVATE, INCLUDING MESSAGES, POSTS MADE THROUGH HONESTY BOX.

   WE WILL BEAR NO LIABILITY FOR ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER, INCLUDING ANY LIABILITY FOR NEGLIGENCE. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME USERS. IN NO EVENT SHALL OUR TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID, IN CASH, BY THAT USER OF HONESTY BOX FOR THE SERVICES DURING THE YEAR PRIOR TO ACCRUAL OF THE DAMAGES, LOSSES, OR CAUSES OF ACTION. USERS FURTHER AGREE THAT NEITHER WE, OUR EMPLOYEES NOR OUR AGENTS WILL NOT BE LIABLE FOR ANY LOST CONTENT OR OTHER PROPERTY OR DATA OF THE USER OR ANY CLAIM OR DEMAND MADE AGAINST THE USER BY ANY OTHER PARTY.

8. Indemnity.

   By using the services of Honesty Box, you agree to indemnify, defend and hold harmless Selah, its corporate parents, subsidiaries, affiliates, officers, employees, and consultants against any claims or demands, of physical, material, monetary or other nature, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Honesty Box, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

9. Termination.

   We reserve the right, for any reason, or no reason, at any time in our sole discretion, to ban or block access to any User or delete any or all of the Content of a User.

10. United States Copyright Act Designation.

    We respect the intellectual property of others and we ask our Users to do the same. Please do not post any Content that is copyrighted by others without permission. If you believe that your copyrighted work has been infringed, and you want us to take down or disable the infringement, please contact the following designated agent to receive notifications of claimed infringement under the United States Copyright Act, or violations of other laws or regulations, both foreign and domestic, by our Users:

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed upon;
    • A description of where the material that you claim is infringing is located on the Site, including the URL, if applicable;
    • Your address, telephone number, and e-mail address;
    • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    Notices should be addressed as follows:

    Attn: Copyright Agent
    Selah Development S.A.
    Bureau 2900
    1000, Rue de la Gauchetiere Ouest
    Montreal, Quebec, H3B 4W5
    Canada
    

    or

    support@honestybox.com

    Users who are found to repeatedly violate copyright rights of others may have their access to all services terminated.

11. Choice of Law and Jurisdiction.

    Interpretation and enforcement of these Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts, excluding its choice of law rules. All Users consent to personal jurisdiction in the federal and state courts of the Commonwealth of Massachusetts, for any action arising out of or relating to their use of the Services. The federal and state courts of the Commonwealth of Massachusetts shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees.

12. Severability; Entire Agreement; Nonwaiver.

    If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Failure by us to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

Updated February 5, 2008