BBM TERMS OF SERVICE

Welcome to BBM!  

BBM allows you You to communicate and share in real-time with Your BBM contacts and groups.  You can also create and publish content to Your own BBM Channel and follow BBM Channels featuring people, communities and brands You love.

By using or accessing any of the BBM services or products (collectively, the "Services"), including any text, graphics, photos, software, websites, or other materials appearing on, made available as part of, or uploaded to the Services (collectively, "Content"), You agree to be bound by these Terms of Service, including the attached Schedule(s) (collectively, the "Agreement") and our Privacy Policy at www.blackberry.com/legal/privacy.shtml.

"You" means: (i) you as an individual if you are using or accessing the Services in your own personal capacity, or (ii) if you are using or accessing the Services on behalf of a company or other entity, you and the entity for whose benefit you are using or accessing the Services. The terms "BlackBerry", "we" and "us" have the meaning set out in Section 22. See www.blackberry.com for further contact information. 

You and BlackBerry are each sometimes referred to as a "Party" and collectively the "Parties".

We are committed to maintaining the privacy and security of personal information.  See our privacy policy (referenced above) and Sections 17 and 18 of this Agreement for information about how we process personal information.

THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OR EXCLUDE OUR LIABILITY TO YOU AND THAT OTHERWISE IMPACT YOUR LEGAL RIGHTS.THIS AGREEMENT DOES NOT AFFECT, DEROGATE FROM, DIMINISH OR EXCLUDE YOUR MANDATORY STATUTORY RIGHTS OR MANDATORY STATUTORY BENEFITS APPLICABLE IN YOUR JURISDICTION, (TO THE EXTENT THAT YOU MAY BE ENTITLED TO SUCH MANDATORY STATUTORY RIGHTS) OR BLACKBERRY'S MANDATORY STATUTORY OBLIGATIONS IN YOUR JURISDICTION (TO THE EXTENT BLACKBERRY MAY HAVE SUCH OBLIGATIONS).

IF YOUR PRIMARY ADDRESS IS IN CANADA, THE UNITED STATES OF AMERICA, THE UNITED KINGDOM, CHINA (INCLUDING THE Hong Kong Special Administrative Region of the People's Republic of China,"HONG KONG"), THEN THIS AGREEMENT REQUIRES YOU TO USE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR JUDGE TRIALS, OR CLASS ACTIONS. 

In order to use the Services, including obtaining a user account or BlackBerry ID, You must be at least Minimum Age and either over the age of majority, an emancipated minor, or possess legal parental or guardian consent, and be fully able and competent to enter into this Agreement.  "Minimum age" means 13 years old except for the following countries: (a) in Spain and South Korea, it means 14 years old; and (b) in the Netherlands it means 16 years old. Some portions of the Services, including Content, may be subject to additional age restrictions.

If You are entering into this Agreement on behalf of a company or other entity, You represent and warrant that You have the authority to enter into this Agreement on such company's or other entity's behalf. 

You also represent that to the best of Your knowledge You are eligible to use the Services (including receiving any software that is provided by us as part of the Services) under applicable law, and are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a "terrorist supporting" country, and that You are not listed on any U.S. or Canadian government list of prohibited or restricted parties.

You are responsible for all activities with respect to Your use of the Services, including any Content You upload or post to, or otherwise transmit, through the Services.  If You are a corporation or other legal entity, You agree that You are responsible for the activities of Your employees, agents and any other persons You authorize to use the Services on Your behalf. Without limiting the above, in using or accessing the Services, You must ensure that:

The Services may contain links to or otherwise make available third party products and services, including websites. The availability of such third party products and services does not imply any endorsement by us and You are solely responsible for and assume all risk arising from Your use of any such third party products and services. You are also responsible for understanding and complying with any agreement You enter into with a third party with respect to third party products or services accessed through or used in connection with the Services, including its privacy policy. WE ARE NOT RESPONSIBLE FOR OR LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF YOUR DEALINGS WITH SUCH THIRD PARTIES, AND WITHOUT LIMITING THE FOREGOING, EXCEPT TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW, YOU SPECIFICALLY AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR, ANY VIRUSES, OR ANY THREATENING, DEFAMATORY, OBSCENE, TORTIOUS, OFFENSIVE OR ILLEGAL THIRD PARTY products or services, INCLUDING THIRD PARTY CONTENT, OR ANY THIRD PARTY PRODUCT OR SERVICE THAT INFRINGES OR MISAPPROPRIATES THE INTELLECTUAL PROPERTY OR THE PROPRIETARY RIGHTS OF, OR VIOLATES THE PRIVACY OR PUBLICITY RIGHTS OF, You or ANOTHER PERSON OR ENTITY. Your recourse in the event of any such claim with respect to any third party products or services, including third party content, is solely against the relevant third party. In no event will any agreement between You and any third party be binding on us or impose upon us any additional obligations, or any obligations inconsistent with the terms and conditions of this Agreement.

The Services are not interconnected with a public switched telephone network (PSTN), do not use telephone numbers to make voice communications with other devices, and are not designed or intended to be a replacement for Your ordinary mobile or fixed line telephone, and You acknowledge that they are not able to be used to place calls to "911", "112", "999", "000" or other designated numbers intended to connect a user to public safety answering points or similar emergency services pursuant to local telecommunications laws ("Emergency Services").  Calls to Emergency Services are not processed through the Services. You understand and agree that additional arrangements, separate from the Services, must be made to access Emergency Services, and that the BlackBerry Group of Companies, and their respective officers, directors, and employees shall have no responsibility or liability whatsoever for any personal injury, death or damages arising out of or in connection with the inability to access Emergency Services through the Services.

Under this Agreement You do not acquire any ownership right, title or interest in or to any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright, database rights or rights in any confidential information or trade-secrets, in or relating to the Services or any part thereof, including Content that is made available by the BlackBerry Group of Companies and their respective suppliers as part of the Services.  Any rights not expressly granted herein are expressly reserved.  The Services are protected by Canadian, U.S. and international copyright and patent laws and international treaty provisions. There are severe penalties, both civil and criminal, for intellectual property infringement.  You agree that nothing in this Agreement shall adversely affect any rights and recourse to any remedies, including to injunctive relief or such equivalent remedy in Your jurisdiction, that we and any providers of Content for a Service may have under any applicable laws relating to the protection of our or the Content providers' intellectual property or other proprietary rights.  If You breach, misappropriate or otherwise infringe BlackBerry's confidential information, intellectual property or other proprietary rights (collectively, "IP Breach") and Your primary address is in a jurisdiction that does not recognise or grant interim or injunctive remedies (or equivalent such remedy in Your jurisdiction) or is unable or unwilling to grant interim or injunctive remedies (or equivalent such remedy in Your jurisdiction) to stop such IP Breach, You acknowledge that BlackBerry will have the right to receive liquidated damages from You in the amount of US$500 per day during the period of such IP Breach.

The software provided by us as part of the Services may include cryptographic technology and You agree that it may not be exported, imported, used, transferred, or re-exported except in compliance with the applicable laws and regulations of the relevant government authorities. You hereby represent that you will not use the software in the development, production, handling, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or their missile delivery systems, or of materials or equipment that could be used in such weapons or their missile delivery systems, or resell or export to anyone or any entity involved in such activity. Notwithstanding any agreement with a third-party or any provision of law, regulation or policy, if You are any agency of the government of the United States of America, then Your rights in respect of the software shall not exceed the rights provided under this Agreement, unless expressly agreed upon by us in a written agreement between You and us and signed by our Chief Operating Officer or Chief Executive Officer. 

This Agreement shall be effective upon Your agreeing to be bound by the terms and conditions of this Agreement (as described in the preamble above) and shall continue in effect until terminated in accordance with Section 12.

Upon termination of this Agreement, however caused, or if Your subscription for Services, or portion thereof, expires or is terminated: (a) You will immediately discontinue all use of the Services, or in the case where this Agreement is not terminated but Your license to use specific Services expires or is terminated, immediately discontinue all use of the applicable Services; and (b) we will have the right to block any transmission of data to and from the affected Services, without notice to You. Upon termination or expiration of Your license to use the Services or any portion thereof, You authorise us to delete any files, programs, data and messages associated with Your account for the Services, or applicable portion therof, without notice to You. You will remain liable for all amounts due up to and including the effective date of termination or expiration in relation to the affected portion of the Services, including amounts charged to Your authorized mode of payment. In the event of the termination of this Agreement by us pursuant to provisions of this Agreement, You will pay to us all fees (including reasonable lawyers' fees and costs) and related expenses expended or incurred by us in the enforcement of our rights hereunder.

You are responsible for Your use of the Services and You agree to be responsible for, and to compensate us, the BlackBerry Group of Companies, and our respective suppliers, successors, agents, authorised distributors (including Service Providers) and assigns, and each of their directors, officers, employees and independent contractors, for any damages, losses, costs or expenses (including reasonable lawyers' fees and costs) suffered or incurred by them in relation to or arising from Your use of the Services, including any breach by You of this Agreement or any addendum to this Agreement ("Losses"), including any Losses arising from claims or proceedings brought by a third party.  No remedy provided under this Section is intended to be, nor shall it be construed to be, exclusive of any other remedy provided under this Agreement or as allowed by law or in equity, and all such remedies shall be cumulative.

THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTIES, CONDITIONS, ENDORSEMENTS, GUARANTEES, ASSURANCES OR REPRESENTATIONS IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER IN YOUR JURISDICTION THESE EXCLUSIONS MAY NOT APPLY TO YOU.  FURTHER IF YOUR PRIMARY ADDRESS IS IN GERMANY OR AUSTRIA THEN SECTIONS 15(A) AND (B) ARE SUBJECT TO SECTION 24 (D) FOR THE PURPOSE OF INTERPRETATION.

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL, INDIRECT, OR OTHER DAMAGES IN CONTRACTS WITH CONSUMERS AND TO THE EXTENT YOU ARE A CONSUMER IN YOUR JURISDICTION THE LIMITATIONS OR EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.  FURTHER IF YOUR PRIMARY ADDRESS IS IN GERMANY OR AUSTRIA THEN THIS SECTIONS 16 IS SUBJECT TO SECTION 24 (D) FOR THE PURPOSE OF INTERPRETATION.

Personal information that is Processed by BlackBerry Group of Companies and its service providers will be treated in accordance with our Privacy Policy (which is hereby incorporated by reference into this Agreement and to which You agree, and can be viewed at www.blackberry.com/legal/privacy.shtml). If You are in the European Union or in a European Economic Area country, where applicable, the data controller in respect of Your personal data is the BlackBerry entity with whom You have entered into this Agreement.

In addition to any disclosures authorized by Section 17, You and Your Users consent and agree that the BlackBerry Group of Companies may access, preserve, and disclose Your or Your Users' data, including personal information, contents of Your communication, or information about the use of the Services functionality and the services or software and hardware utilized in conjunction with the Services where available to us ("User Data"), to third parties, including foreign or domestic government entities, without providing notice to You in order to: (i) comply with legal process or enforceable governmental request, or as otherwise required by law; (ii) cooperate with third parties in investigating acts in violation of this Agreement; or (iii) cooperate with system administrators at Service providers, networks or computing facilities in order to enforce this Agreement.  You warrant that You have obtained all consents necessary under applicable law from Your Users to disclose User Data to the BlackBerry Group of Companies and for the BlackBerry Group of Companies to Process such User Data as described above.

We may assign this Agreement without prior notice to You. You shall not assign this Agreement in whole or in part without our prior written consent (such consent may be withheld or conditioned at our discretion) and any assignment without our prior written consent shall be null and void and of no effect. We may perform all obligations to be performed under this Agreement directly or may have some or all obligations performed by our contractors or subcontractors.

Except as otherwise provided in this Agreement, all notices or other communications hereunder shall be deemed to have been duly given when made in writing and delivered in person or by courier or deposited in the mail, postage prepaid, registered mail or its equivalent, return receipt requested, and addressed to You at the address supplied to us by You, and addressed to BlackBerry at the address set out near the beginning of this Agreement, Attention: Legal Department. In addition to the foregoing, we may, at our option, give You any notice under this Agreement electronically.  Electronic notice to You shall be deemed to have been duly given when transmitted to an email address furnished by You to us and if You have not provided us with an email address, notice may be duly given when prominently posted on http://www.blackberry.com/legal/.

Notwithstanding any other provision of this Agreement, neither Party shall be deemed in default of this Agreement for failure to fulfil its obligations when due to causes beyond its reasonable control. This provision shall not be construed as excusing non-performance of any obligation by either Party to make payment to the other Party under this Agreement.


Schedule 1

BBM Channels Additional Terms

BBM Channels is a social networking feature within BBM that extends Your network beyond Your family and friendship circle and enables You to connect with people, communities, and brands that interest You.

The BBM Terms of Service, as supplemented and amended by these BBM Channels Additional Terms applies to Your use of BBM Channels, and is referred to in this Schedule as the "BBM Channels Terms". In the event of a conflict between the BBM Terms of Service and these BBM Channels Additional Terms, the BBM Channels Additional Terms will prevail to the extent of such conflict.

Any capitalized terms in BBM Channels Additional Terms that are not defined below have the meaning set out in the BBM Terms of Service.

1.         Creating a BBM Channel.

(a)        By Authorized Representatives. Subject to the BBM Channels Terms, You may use BBM Channels to create and administer a unique BBM Channel ("Channel") that features a brand, organization, event or individual for whom You are an authorized representative. BY CREATING A BBM CHANNEL, YOU REPRESENT AND WARRANT TO US THAT YOU HAVE THE AUTHORITY TO CREATE AND ADMINISTER THE CHANNEL ON BEHALF OF SUCH BRAND, ORGANIZATION, EVENT, OR INDIVIDUAL.

(b)        By Supporters. You may also create a Channel to express support for, or interest in, a brand, organization, event, or individual, provided You do so only in a manner that: (i) does not suggest that Your Channel is a Channel created by such brand, organization, event, or individual; (ii) does not suggest Your Channel is endorsed by or authorized by such brand, organization, event or individual if Your Channel does not have such endorsement or authorization; (iii) is not intended to otherwise mislead, confuse or deceive others; and (iv) does not otherwise infringe upon or violate any rights of such brand, organization, event or individual, including trademark, copyright, or publicity.

(c)        No Misleading or Disruptive Use. Your name and contact information, the name of Your Channel, and any other profile information or description You provide when registering for a Channel, or otherwise include with Your Channel, must be true, must not be misleading, and must accurately reflect its subject matter. The name of Your Channel must be distinctive and may not be generic (e.g. food, cars). You may not create or use Channels for disruptive or abusive purposes. Without limiting the foregoing, You may not create one or more Channels for the purpose of preventing others from using such Channels, selling Channels or Channel names, or otherwise engaging in Channel 'squatting'.

(d)        Our Right to Remove or Suspend Channels. We reserve the right to remove or suspend Channels that violate the BBM Channels Terms or any policies that we publish regarding the use of the Services, or any Channels that are inactive. We also reserve the right to transfer unauthorized Channels, Channel names, Channel IDs, and/or administrative capabilities to the brand, organization, event or individual, or their authorized representative that we reasonably consider is rightfully entitled to the Channel name or to create or administer the Channel for such brand, organization, event, or individual.

(e)        Posting of Content. Once Your registration for a Channel has been accepted, You may post and display Content that is relevant to the brand, organization, event or individual featured in the Channel. Posting and displaying Content in a Channel does not transfer any ownership of the Content to us, but in doing so You grant us and our affiliates a license to such Content as set forth in the BBM Terms of Service. You also grant us and our affiliates a non-exclusive, royalty-free, worldwide, sublicensable license, for so long as the applicable Channel exists, to reproduce and publicly perform and display Your Content, including without limitation Channel name, screenshots, logos, icons and trademarks ("Marks") in all media whether now known or later developed, in connection with the promotion of BBM Channels, subject to Your prior consent, which consent shall not be unreasonably withheld or delayed. We acknowledge and agree that we have no right, title or interest in or to Your Marks (except the right to use the same in accordance with terms and conditions of the BBM Channels Terms), and further agree that any right, title or interest You have in such Marks shall remain with You. Without limiting the foregoing, in connection with the use of Your Marks to promote BBM Channels we will not: (i) modify the Marks or any of them, except as expressly approved by You in advance and in accordance with the process set forth above; (ii) combine the Marks, or any of them, with any other marks or create any composite marks; or (iii) do anything that would compromise Your rights in and to the Marks.

(f)        Discoverability of Channels. You acknowledge and agree that Your Channel will be discoverable by any user of BBM Channels (unless You elect to make Your Channel a private Channel during Channel setup), and that the content of Your Channel will be public and viewable by everyone who subscribes to Your Channel ("Subscribers"), or who can otherwise view Your Channel and its contents.

(g)        You are Responsible for Your Channel(s). While we provide You with the ability to create a Channel, You are solely responsible for the administration and use of Your Channel, including Your Content and interactions with Subscribers.

            (h)        Making Offers to Subscribers. If You procure or make offers or solicitations ("Offer") available to Subscribers through Your Channel, including by way of a link or URL to a separate web site that contains the Offer details, without limiting anything in the BBM Channels Terms, the following applies:

(i)         You may only offer products or services for which You are the merchant, authorized reseller, or manufacturer;
(ii)        You must ensure that Your Offer complies with all applicable laws, regulations and rules;
(iii)       You must clearly set out the terms and conditions governing Your Offer, including any restrictions and expiration dates;
(iv)       You may not state or imply that we are affiliated in any way with Your Offer; provided that directing a user to site or service operated by or on behalf of us, such as BlackBerry World, will not be a violation of this provision;
(v)        You are solely responsible for the fulfillment of the Offer and You agree, if requested by us, to defend us from any claims or proceedings related to Your Offer, and to indemnify us for any losses, liabilities, and costs (including any reasonable legal fees) suffered or incurred by us in relation to Your Offer; and
(vi)       we are not responsible for any improper redemption, fraud or other issues that arise from Your Offer.

(i)         You Must Comply with Privacy Laws. If You are provided access to or collect personally identifiable information directly about Your Subscribers, You must comply with applicable privacy and data protection laws, including without limitation making publicly available to Subscribers Your privacy policy, clearly advising Subscribers what information You are collecting and the purpose(s) for such collection, and obtaining any consents required by applicable laws and regulations.

2.         Subscribing to and Posting Comments to a Channel

By becoming a Subscriber to a Channel, You acknowledge and agree that:

            (a)     the Channel owner may send You Content, Offers, information about promotions, or other communications within the Services.  Please review the applicable settings and options for the Channel for available controls regarding receiving such communications from the Channel owner, and how to unsubscribe from the Channel if You no longer wish to receive these communications;
(b)     certain information about You, including Your display name, display picture and other information contained in Your public profile, will be accessible by the Channel owner, and any personal information that is provided to the Channel owner will be subject to the applicable privacy policy of the Channel owner;
(c)     if enabled by the Channel administrator, You may post comments to, and indicate Your approval of, a post or comment on a Channel ("Comments") and/or chat with the Channel administrator. Your Comments and chats should be restricted to the subject matter of the Channel and must adhere to the BlackBerry Online Community Standards, which can be viewed at www.blackberry.com/legal/communitystandards;
(d)     Your Comments, and any selections You make within the BBM Channels service to indicate Your approval of a post or comment, will be publically displayed and viewable by other Subscribers to the Channel, as well as others who can otherwise view the Channel and its contents (e.g. Channel administers), may be shared by other Subscribers with their BBM contacts, and may be removed by the Channel administrator. For this reason, we strongly recommend that You do not include any personally identifiable information in Your Comments or in Your chats with Channel owners; and
(e)     Your BBM display name and display picture will be displayed along with any Comments You post or submit to the Channel. In addition, Channels that You have subscribed to will be viewable by those who can view Your BBM profile, including Your BBM Contacts and those You invite to become BBM Contacts. We may also develop recommendations of Channels that may interest You based on the Channels that You and Your BBM Contacts have subscribed to and other information associated to Your BBM profile and user account, and may indicate in invitations-to-subscribe to a Channel that are sent to Your BBM Contacts that You have subscribed to that Channel. You may unsubscribe from a Channel if You do not wish that Channel to be listed in Your BBM profile.

3.           Additional Rules of Use

In addition to and without limiting anything in the BBM Terms of Service, You agree as follows:

(a)   You are entirely responsible for the Content and Comments that You post or submit to a Channel. We do not control the Content or Comments and we do not guarantee the accuracy, integrity, or quality of, and have no liability for such Content or Comments. Any use or reliance on any Content or Comments by You is at Your risk;

            (b)     Unless expressly permitted otherwise by the person or entity posting the Content, Content posted in a Channel is intended only for Your viewing within the Channel and may not be reproduced or distributed by You;

            (c)     You are responsible for complying with all applicable laws and regulations (and industry guidelines where applicable) in relation to Your use of BBM Channels, including the posting and submitting of Content or Comments to a Channel, and, if applicable, You are responsible for having a policy for removing infringing content from Your Channel, that complies with the Digital Millennium Copyright Act. Without limiting the foregoing, Content You post to a Channel must comply with the BBM Channels Content Guidelines which can be found at www.blackberry.com/legal/bbmcontentguidelines;

            (d)     You may not "spam" users or Channels, including posting duplicate postings, or multiple similar postings, or posting Comments that are not relevant to the Channel post under which Your Comments appear, and such behavior may result in Your access to the Services being suspended and/or removal of such Comments;

            (e)     You agree that we may impose limitations upon Your eligibility to access certain Channels or Content, including without limitation based on Your age and location that we collect from You, and use that information to provide Content that is appropriate to Your profile or jurisdiction or may otherwise be of interest to You;

(f)     We and our designates have the right (but not the obligation) in our and their sole discretion to pre-screen, refuse, or remove any Content or Comments for any reason; and

(g)     BBM Channels may include select Channels to which You will be automatically subscribed (such as a BlackBerry or BBM Channel).

4.         PERSONAL INFORMATION

These BBM Channels Additional Terms incorporate by reference and supplements our Privacy Policy, which can be found at www.blackberry.com/legal/privacy.shtml. In the event of a conflict between the Privacy Policy and these BBM Channels Additional Terms, the BBM Channels Additional Terms prevails to the extent of such conflict.  Without limiting the generality of the foregoing, You agree that: