- Key points
1.2 Acceptable use. You may use the Service for your personal and non-commercial use. This clause defines the acceptable use of the Service and the actions you should avoid while using the Service.
1.3 Registration. Use of the Service and the creation of a personal account are available to registered users only.
1.4 Account termination. We may temporarily or permanently deny, limit, suspend, or terminate your user account.
1.5 Age restriction. The Service is intended and permitted only for individuals 13 years of age or older.
1.7 Fee-based services. Use of the Service is free of charge. However, we may require you to pay fees to use certain features on the Service, such as premium services.
1.8 Intellectual property. All rights, title and interest in and to the Service, including all intellectual property rights, are owned by – or licensed to us. When you upload Content to the Service you represent and warrant that you are the rightful owner of all rights to such Content or lawfully licensed by all the rightful owners to upload, post, publish or otherwise make available such Content on the Service.
1.9 Availability. The Company does not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
1.10 Discontinuation. We may, at any time, at our sole discretion, discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you.
1.11 Disclaimer of warranty. The Service is provided for use as is. We disclaim all warranties and representations, either express or implied, with respect to the Service.
1.12 Limitation of liability. The Company, including anyone on its behalf, will not be liable to the maximum extent permitted by the applicable law, for any damage or loss, arising from, or in connection with the use of, or the inability to use the Service.
1.13 Advertisements. The Service may include paid advertisements, including sponsored links and commercial content. We are not responsible for any of the advertisers’ practices.
1.14 Law & jurisdiction. Use of the Service is governed by the laws of the State of New York, USA and subject to the exclusive jurisdiction of the competent courts in the city of New York, New York.
1.15 Changes in ownership. We may incorporate the Service as a separate company or transfer ownerships rights and title in the Service, to a third party.
1.16 Contact us. At any time, you may contact us at: email@example.com.
Welcome to “Chatway” – an online social business-dedicated application enabling you to connect, communicate and collaborate with your coworkers, colleagues and any contact in general in an individual and group manner – available through our website at www.chatway.com and any related domain names (the “Website”) as well as through our mobile application (the “Application”) and our file agent software (the “chatway Agent”). The Website, the Application, the chatway Agent and their services will be jointly referred to as the “Service” or the “Services”.
These Terms apply to the use of the Service and any content included therein by every computer or other communication means (like cellular phones, PDA’s, etc.). These Terms further apply to the use of the Service via the Internet network or any other communication networks.
Use of the Application may be subject to additional terms and conditions that govern the use of mobile devices, such as the terms governing the use of Apple devices or Apple’s “App Store”, and the agreements governing your use of your social network (for example, when you register as a user with the Service through your Facebook or any other social network account) . You bear the sole and exclusive responsibility for complying with any such additionally applicable terms and conditions.
- About the Service in a nutshell
The Service is an online social business-dedicated application enabling you to connect, communicate and collaborate with your coworkers, colleagues and any contact in general in an individual and group manner. The Service redefines the boundaries of social networking by enabling users to collaborate with real time instant messaging, while sharing content, including videos, music, pictures, geo-locations, documents and more (collectively, the “Content”). The Service provides you with various ways to upload, share and control your Content, as further explained within the relevant sections of the Service.
The Service offers you various tools and features, enabling you to create, contribute and publish Content, share it with other users, comment on other users’ Content, create groups of users, manage them and participate in our online community. Amongst its features, the Service offers you the possibility to send and receive messages to and from other users.
If you choose to download and install our chatway Agent, it will allow you to connect your PC to your Service account and your mobile devices (please note that your PC must be operating properly and connected to the Internet). Use of this feature will enable you to access your Content on your PC and share it within the Service or send it to others through your email accounts. Any use of the chatway Agent, including its downloading and installation, are subject to these Terms.
The Service also includes an invitation service that enables you to invite your friends and contacts to join and register with the Service (“Refer a Friend Service“). If you choose to participate in the Refer a Friend Service, you agree: (i) to only send invitations to friends and contacts that you know; (ii) not to misrepresent your relationship with the Company to any third party or make any warranty or representation on behalf of the Company; (iii) to allow us to access your mobile device’s phonebook and contacts’ information and send one or more invitations to join the Service on your behalf; (iv) to comply at all times with these Terms and the applicable law.
At any time, you may change your personal preferences and the way you use the Service, by using the tools provided therein and on your personal account, as may be available from time to time. Any communications that you make with other users of the Service or with your contacts on various third party services and social networks are made strictly between you and such users/contacts. The Company is not a party and does not assume any responsibility or liability with respect to such communications.
We encourage you to treat Content available through the Service with caution and discretion. We do not guarantee and make no representation or judgment about such Content’s accuracy, adequacy, completeness, credibility, authenticity, validity, integrity or legality. You hereby release and agree to hold harmless the Company, its directors, officers, employees, agents, successors, advisors, consultants, and assignees from any and all causes of action and claims of any nature resulting from your and other users’ activities and communications on and through the Service.
Use of most features of the Service requires an online connection (Wi-Fi, cellular data, broadband) between your PC / mobile device and the Internet. You are solely responsible for all costs and expenses of such connection, as specified in your subscriber plan or contract with your communication service provider. Some of the features within the Services may be dependent on your wireless service, your mobile device’s GPS antenna coverage and the wireless coverage within the area in which you are located at that time.
Subject to these Terms, we hereby grant you a worldwide, limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, non-assignable right and license, until the termination or expiration of these Terms or the termination of your Service account, to download and install the Application on a mobile device owned or controlled by you, to download and install the chatway Agent on a PC owned or controlled by you, and use the Service through the Application, the chatway Agent and/or the Website in accordance with these Terms.
Subject to any fees that we may charge you for your use of fee-based Services, the license to download and install the Application, the chatway Agent and to use the Service, is granted to you free-of-charge. We may, however, at any time, start charging a fee for your download, install, or use of the Service or any of its features or components. In such a case, we will notify you beforehand and seek your consent to those charges. If you do not consent to such fees and charges, we may block your access to the Service, delete your account, and terminate these Terms.
- Acceptable use of the Service
The following clauses define the acceptable use of the Service. Subject to the Terms, you may access, use and upload Content to the Service and use services and features provided through the Service, for your personal and non-commercial purposes.
You agree to abide by all applicable local and international laws, regulations, rules and any usage guidelines that we may convey from time to time. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf.
5.1 When using the Service, you agree to refrain from willfully, or negligently
5.1.1 Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service and any part thereof;
5.1.2 Interfering with, burdening or disrupting the functionality of the Service;
5.1.3 Breaching the security of the Service or identifying any security vulnerabilities in it;
5.1.4 Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
5.1.5 Sending automated or machine generated queries;
5.1.6 Using robots, crawlers and similar applications to collect and compile Content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service’s functionality;
5.1.7 Displaying Content from the Service, including by any software, feature, gadget or communication protocol, which alters the Content or its design;
5.1.8 Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
5.1.9 Collecting, harvesting, obtaining or processing personal information regarding the Service’s users, without their prior explicit consent;
5.1.10 Abusing, harassing, threatening, impersonating or intimidating other users;
5.1.11 Linking to the Service from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
5.1.12 Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation;
5.1.13 Posting, disseminating, transmitting or otherwise communicating through, or to the Service, or making available on the Service, or when using the Service, Content which may reasonably be deemed as –
184.108.40.206Infringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks;
220.127.116.11Identifying minors, their personal details or their address and ways to contact them;
18.104.22.168Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other malicious applications;
22.214.171.124Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws;
126.96.36.199Constituting a violation of a person’s right for privacy or right of publicity;
188.8.131.52Prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
184.108.40.206Threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;
220.127.116.11Unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.
YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT THAT YOU CREATE, UPLOAD, POST, PUBLISH, DISSEMINATE OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICE AND FOR THE CONSEQUENCES ASSOCIATED WITH DOING SO. WE DO NOT NORMALLY EXAMINE, APPROVE OR DISQUALIFY CONTENT THAT YOU HAVE UPLOADED, POSTED PUBLISHED, DISSEMINATED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, BUT WE RESERVE THE RIGHT TO DO SO.
We encourage free speech and open discussion on the Service. You may find some of the Content posted by other users inaccurate, unhelpful, objectionable, annoying, improper, unlawful or immoral. You should always bear in mind that the Content on the Service originates from its users. We do not endorse any user Content and its publication does not attest to our acceptance of it.
5.2 The Company may, but is under no duty to, review Content that was uploaded to the Service and remove, block access or use of such Content, or refuse to upload it on the Service, for any reason that the Company may consider to be justified at its sole discretion, including but not limited to the following reasons:
5.2.1 To prevent misuse of the Service;
5.2.2 If the Company deems the Content to be in breach of the Terms, or an infringement of any applicable law;
5.2.3 If your user account is terminated, either by yourself or by the Company;
5.2.4 If the uploaded Content is allegedly infringing upon a third party’s rights;
The Company does not warrant or guarantee that any Content that you wish to upload to the Service will be uploaded or that the Company will make such Content available indefinitely. When you remove Content from your account or when you terminate your account, it is no longer available to you. However, a copy of the removed Content may persist and be used by the Company for back-up and other administrative purposes, for a reasonable period of time, or by other users of the Service with whom you shared such Content.
Unless otherwise indicated and in accordance to your Service account settings, the Content you post to the Service will be available to all Internet users. Please exercise caution and common sense when submitting personal details or any other sensitive or confidential information.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT, OR BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY.
- Age restriction
The Service is intended and permitted only for individuals 13 years of age or older. Children under the age of 13 may not use the Service in any way. If you are under the legal age of majority in your jurisdiction (normally 18 years), then you must obtain permission from your parent or legal guardian to use the Service and accept these Terms.
By using, accessing or registering with the Service, you declare that you are 13 years of age or older. If you are between the age of 13 and 18, then you also declare that you have received your parent’s or legal guardian’s permission to use the Service and accept these Terms. We reserve the right to terminate an account, if we find that you are younger than the minimum age specified above. We may request additional information to confirm your age at any time.
- Registration and user account
BY REGISTERING AND USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER.
Use of the Service and the creation of a personal account are available to registered users only. When you register with the Service we may ask you to provide us with certain contact and personal details, such as your full name and an active e-mail address and to enter a username and password or provide other details or attributes that define you as a user (such as your profile picture). You must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information may prevent you from registering and impair our ability to provide you with our Services and contact you.
Registration is also available through various social networks accounts, such as Facebook, Google+ and LinkedIn. When registering through your social network account, you are allowing us access to your basic profile information, such as your contacts, email addresses, photos/videos and any other Content available therin. We can only access the information that your social network operator makes available to us, according to your privacy settings on such social network.
You may terminate your account at any time. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on the Service. You can update and modify your details from time to time through your applicable social network profile or your personal account settings on the Service.
If you use a username and password to log-in to the Service, you agree to maintain your username and password in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every six months. You are prohibited from selling or transferring your account in any way, to another user, entity or any third party.
The nickname you provide during registration will be used to identify you when you use the Service. Your nickname may be disclosed and visible to other users of the Service.
We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of the Service, or when you submit requests related to your account on the Service. If you fail to provide us the requested information, we reserve the right to suspend or terminate your account, pursuant to these Terms.
- Account termination
8.1 In addition to any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Service, remove Content that you uploaded to the Service and take technical and legal measures to keep you off the Service, if the Company determines, at its sole discretion that –
8.1.1 You have abused your rights to use the Service; or,
8.1.2 You have breached the Terms; or,
8.1.3 You have performed any act or omission that violates any applicable law, rules, or regulations; or,
8.1.4 You have performed any act or omission which is harmful or likely to be harmful to the Company, or any other third party, including other users and providers of the Service; or,
8.1.5 You used of the Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
8.1.6 You have abandoned your account for more than six (6) months since your last use of the Service; or,
8.1.7 You deliberately submitted false information or have failed to comply with our reasonable requests for information regarding your identity; or,
8.1.8 You conveyed your password or Service account details to another person or entity; or,
8.1.9 You are in debt to us.
8.2 Upon termination of these Terms or your account, for any reason
8.2.1 Your right to use the Service is terminated and you must immediately cease using the Service and uninstall the Application and the chatway Agent from all mobile devices and PC’s in your possession or control; and,
8.2.2 We reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; and,
8.2.3 We will not be liable to you or any third party for termination of access to the Service or for deletion of your information or account data.
The following sections shall survive any termination, or expiration of the Terms: Account termination, Privacy, Intellectual property, Limitation of liability, Indemnification, Application Marketplace, Governing Law & Jurisdiction, General.
- Fee-based Services
Use of the Service is free of charge. However, we may require you to pay fees to use certain features on the Service (“fee-based Services“), such as premium services. The rates and payment terms shall be posted at the relevant pages on the Service. We may, at any time and in our sole discretion, transform a free of charge Service to a fee-based Service, and change any rates and payment terms. Failing to settle your payments for a fee-based Service will prevent you from further using the Service, notwithstanding any other remedies available to the Company under the applicable law. Any changes in the Company’s fee schedule will take effect immediately after being posted on the Service.
- Links and commercial information
The Company may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from the Company or from third parties. If such information originates from third parties, the Company cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by the Company does not constitute a recommendation or encouragement to procure the goods or services advertised. The Company may allow advertisers to use the Service to conduct surveys and/or approach the Service’s users with questions of commercial nature.
The Service may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or source, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.
- Intellectual property
All rights, title and interest in and to the Service (except – as provided below with respect to users’ and third parties’ content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to the Company.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Service, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of the Company and other providers of the Service. You must refrain from any action or omission which may dilute, or tarnish Our goodwill.
WE DO NOT CLAIM OWNERSHIP OVER CONTENT THAT YOU CREATE, UPLOAD, POST, PUBLISH, DISSEMINATE OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICE. WHEN YOU USE THE SERVICE TO DO THIS, YOU REPRESENT AND WARRANT TO US THAT –
- YOU ARE THE RIGHTFUL OWNER OF ALL RIGHTS TO SUCH CONTENT OR ARE LAWFULLY LICENSED BY ALL THE RIGHTFUL OWNERS TO UPLOAD, POST, PUBLISH, DISSEMINATE OR OTHERWISE MAKE AVAILABLE SUCH CONTENT ON THE SERVICE;
- YOU ARE LAWFULLY ENTITLED TO GRANT US THE LICENSES IN AND TO SUCH CONTENT, AS CONTEMPLATED BY THESE TERMS;
- USING THE CONTENT, UPLOADING, POSTING, PUBLISHING, DISSEMINATING OR OTHERWISE MAKING THE CONTENT AVAILABLE THROUGH THE SERVICE, DOES NOT INFRINGE ON ANY RIGHTS OF THIRD PARTIES, INCLUDING INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS AND PUBLICITY RIGHTS.
By uploading Content, including data, images and text to the Service, including any and all communications that you make with other users on or through the Service, you grant the Company a royalty-free, worldwide, non-exclusive, perpetual and irrevocable license, to copy, distribute, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, sub-license, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with or incorporate into other content, modify and create derivative works on the Service, and in other communication and information networks, platforms, applications and services. You further waive all rights of attribution with respect to the use of your Content.
- Requests to remove content from the Service
We respect the intellectual property rights of others. Any requests to remove copyright infringing Content from the Service, or counter requests to re-post Content, on grounds of mistake or misidentification of the Content, must be made in accordance with our Copyright Policy. After receiving a request to remove or re-post Content on the Service, We may act as we deem fit, in accordance with the applicable law.
- Changes in the Service and discontinuation
We may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, at our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our staff, for any of these releases or the lack thereof.
You grant us your express consent to remotely send and automatically install on your mobile device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the Application, which, among other things, may change the Application’s settings, layout, design or display.
From time to time, the Company may release updates, upgrades, new releases and new versions of the chatway Agent, enhancements and error correction patches (collectively “Updates“). We may provide you with Updates, at our sole discretion, with or without charge. These Updates, insofar as offered, may add or remove chatway Agent functionality and features, and change the chatway Agent’s structure, layout, design, look and feel or any other aspect. Such Updates, by their nature, may cause malfunctions or inconvenience. You will have no plea, claim or demand against us in connection with such Updates or any malfunctions caused as a result of such Updates. For the avoidance of doubt, we are not obligated to offer or provide any Updates for the chatway Agent. The downloading of, or otherwise using an Update, is subject to these Terms, unless such Update is subject to the provisions of another specific agreement, in which case the terms of that specific agreement will prevail. We may require you to give your consent to these Terms or another specific agreement, prior to downloading any Update. If you decide to withhold your consent, you will not be permitted to download or use the Update
We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service. Such changes, by their nature, may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
We may, at any time, at our sole discretion, discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. We may also suspend the provision of the Service, in whole, or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you.
- Service availability and support
The availability and functionality of the Service depends on various factors and elements, including software, hardware and communication networks that are partially provided by third parties. These factors are not fault free. The Company does not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
We may, but are not obligated to, offer technical support in connection with your use of the Service, in the format, frequency, scope and scheme that we, at our sole discretion, determine from time to time. You will have no plea, claim or demand against us or our staff in any matter related to our provision of technical support, or for the lack thereof.
- Amendments to the Terms
From time to time, We may change the Terms. Substantial changes will take effect 30 days after the Company has posted an initial notification on the Service’s homepage or on any other relevant page on the Service, with respect to such changes. Other changes will take effect 7 days after their initial posting on the Service, unless we amend the Terms to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Service will indicate your acceptance of the amended Terms. If you do not agree with any of the amended Terms, then you must refrain from any further use of the Service.
- DISCLAIMER OF WARRANTY
THE COMPANY PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. They cannot be customized to fulfill the needs of each and every user. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE do not warrant that THE SERVICE will operate in an UNINTERRUPTED or error-free manner, OR THAT IT WILL ALWAYS BE AVAILABLE or free from all HARMFUL components. YOU AGREE AND ACKNOWLEDGE THAT THE Use of THE SERVICE is ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, at your own risk.
- LIMITATION OF LIABILITY
THE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE OR ANY OF THE SERVICES THEREIN, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON THE SERVICE, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN ACCORDANCE WITH THE RELEVANT CIRCUMSTANCES.
You agree to indemnify, defend and hold harmless The Company, its managers, directors, shareholders, employees, sub-contractors, affiliates, agents and anyone acting on their behalf, at your own expense and immediately after receiving written notice from the Company, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from or related to your breach of the Terms, or any other terms, rules or regulations applicable to the Service, or your violation, or infringement of other persons’ rights.
- Application marketplace
The following terms apply if you downloaded the Application from Apple’s App Store. You and the Company agree and acknowledge as follows:
These Terms are concluded between yourself and the Company, and not with Apple Inc. (“Apple“). Apple is not responsible for the Application. In the event of a conflict between these Terms and the “Usage Rules” established by Apple and its principals (as this term is defined in the App Store Terms and Conditions) or the App Store Terms and Conditions, the Usage Rules or the App Store Terms and Conditions will prevail. If any provision of these Terms is less restrictive than the corresponding provision of the Usage Rules or the App Store Terms and Conditions, the Usage Rules or the App Store Terms and Conditions will prevail.
You may use the Application on an iPhone or an iPad that you own or control. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Application, or your possession and use of the Application infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
If you downloaded the Application from a different application marketplace, other third parties may be beneficiaries of these Terms, pursuant to those marketplace’s terms. Such other third parties are not responsible for providing maintenance and support services with respect to the Application.
- Governing Law, jurisdiction
Except as provided for in the Copyright Policy, regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed in accordance with the laws of the State of New York, USA, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of New York.
The competent courts located in the city of New York, New York, whether state or federal, will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms. You and the Company, each hereby expressly consents to personal jurisdiction in New York, New York and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Notwithstanding the foregoing, any claim by the Company against you pursuant to the indemnity clauses of these Terms, may be brought in the court in which the third party claim that is the subject of the indemnity, has been lodged against the Company.
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by the Company, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by the Company’s authorized representative. Failure on the Company’s part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
- Changes in Ownership
The Company may incorporate the Service as a separate company or transfer ownerships rights and title in the Service, to a third party, provided that your rights according to the Terms are not compromised by the transfer of ownership. In that case, all of your details and information pertaining to you will be passed on to the corporation receiving the rights in the Service and you hereby give your prior consent thereto.
- No Assignment
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without the Company’s prior explicit consent in writing.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms. “Including”, whether capitalized or not, means without limitation.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
- Contact Us
At any time, you may contact us with any question, claim or complaint that you may have with respect to the Service, at firstname.lastname@example.org.
- Incorporated documents
28.1 Copyright Policy;