Last modified by January 20, 2021
Gilgamesh Limited. (the “Company”, “our”, “us” or “we”) is a multi-platform social application and global phonebook network, which allows you (“you”, “user” or “users”) to synchronize the information in your contact list with your contacts’ social networks’ profiles, identify callers or perform numeric search, perform manual name search and participate in a collaborative mobile community, where you can share your information and your contacts’ information with other users.
By installing, accessing or otherwise using the Service, to the maximum extent permitted by law, you acknowledge that you consent to be legally bound by the terms of this Agreement. If you do not agree to any of the terms of this Agreement, you may not access or use the Service or any part thereof. If certain features of our Service are subject to additional terms, provisions or guidelines, they are (or will be) incorporated herein by reference.
By installing, accessing or otherwise using the App, you will be asked to give the App access to your contacts and all the related information therein for synchronization with your phonebook directory.
You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
Notwithstanding anything to the contrary, to the extent that consumer protection or local laws or regulations grant you mandatory or statutory rights, this Agreement shall only limit such rights to the maximum extent permitted by such laws or regulations.
2. Grant of License
Subject to your full compliance with all of the terms of this Agreement, we hereby grant you permission to visit and use the Website and, if you choose to download the App, a limited, personal, non-commercial, non-exclusive, revocable, non-sub-licensable, non-transferable, non-assignable, license to download, access and use the Service on a device you own or control, for the sole purpose of your personal use of the Service in connection with terms provided herein and any applicable Usage Rules (defined below).
We are entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Service or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Service or for any of the reasons for termination as mentioned below.
3. Limitation on Use
The Service may only be used with platforms and by owners of profiles on social networks or platforms approved by the Company (“Approved Platforms”). To the maximum extent permitted by law, you hereby warrant that you have all necessary and sufficient right to share information regarding your Approved Platform profile and account with the Service and other users of its community.
You hereby warrant that you will not, and shall not permit any third party to:
Impersonate any person or entity or otherwise misrepresents affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate contact information;
Make any copies of, modify, adapt, disassemble, decrypt, attempt to derive the source code of, translate, decompile, improve, create derivative works of, distribute or otherwise transfer, rent, lease, loan, resell, sublicense or reverse engineer our Service or any part thereof;
Remove, circumvent, disable, damage or otherwise interfere with any features of the Service, or attempt to gain unauthorized access to any portion of the Service through any means, or interfere with, corrupt, or disrupt the operation or performance of the Service or the ability of any other person to use the Service, including, without limitation, transmitting content through the Service that contain any viruses, worms, Trojan horses, or other destructive items or harmful codes, or placing excessive load on the servers, or attempting to degrade the performance of the networks or servers connected to the Service or any part thereof in any way;
Circumvent, disable or otherwise interfere with security-related features of the Service or any part thereof or features that prevent or restrict use or copying of any Materials (as defined below) or that enforce limitations on use of the Service or any part thereof;
Make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time;
Violate other users’ or third parties’ rights to privacy, publicity and other rights, or harvest, scrap, data aggregate, data mine, screen scrap, index or collect data and information about other Users or third parties without their consent, whether manually, or automatically with the use of any means, including without limitation Bots, Crawlers, Spiders, Robots, Sifters and Load Testers, without the express written consent of the Company, or engage in testing, pen-testing, sniffing or monitoring of the Service, its systems, software or hardware in any way;
Remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App;
Use the Service in connection with any advertisements, solicitations, chain letters, pyramid schemes, spamming or any other commercial communication;
Use the Service in connection with material which a reasonable person could deem to be: stalking, offensive, inaccurate, incomplete, abusive, obscene, objectionable, defamatory, libelous, fraudulent or deceptive, indecent, pornographic, profane, threatening, advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for minors, racially or ethnically offensive, advocating racism, bigotry, hatred or physical harm of any kind against any group or individual, or disparaging the religious, political, or legal agenda of any person or entity;
Use the name, logo or trademarks without our prior written consent;
Use the Service in connection with material which promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), information protection and privacy, including, but not limited to, content which disseminates another person’s personal information without his or her permission; and/or
use any part of the Service to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
4. Account. In order to use some of the App features you may have to create or use an account (“Account”). If you create an Account, you must provide accurate and complete information in connection with your Account. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and the Company, you are solely responsible and liable for the activity that occurs in connection with your Account.
5. Special Features
The App may provide additional and special features, including, without limitation the following ones. For avoidance of doubt, the Company is not liable in case of discontinue of any specific feature.
Caller ID: The “Caller ID” feature allows you to associate a name with a phone number, whether automatically in an incoming call or manually by a numeric search.
Name Tag: You may tag a name to a phone number using our “Name Tag” feature. When a sufficient number of users indicated that the phone number is associated with the same name, the name and phone number will be included in our directory.
Call Block: You may also report a phone number as SPAM in our directory and block future attempts to contact you from that phone number using our “Call Block” feature. If you decide to block a phone number, the caller will be directed to your voicemail when attempting to contact you. You may also report any number to our SPAM public directory. When a sufficient number of users report a phone number as SPAM, it will be listed in our searchable public directory, which will be periodically updated. You may always withdraw your SPAM report or block request.
Search: To access or use our “ Search” feature you will be required to provide your contacts’ names, phone numbers and email addresses for the Service’s phonebook directory; this will enhance the performance of the Service and allow you to perform numeric search or identify incoming calls against a searchable phonebook directory, which contains the contacts’ information from our users who permitted the aggregation of this information. If you chose to activate the “ Search” feature, you will be asked to explicitly warrant that you have all necessary permissions to share your contacts’ information, and that you have no knowledge of any objection, on the behalf of any of your respected contacts, to include their names and phone numbers in the phonebook directory, which is available for other registered users. Please be sure not to share any other person’s details without his or her prior consent, and that the information you share through our feature is accurate and up-to-date. For security reasons, we will also filter out numbers of your phonebook which do not seem to correlate to an actual person. You may at any time opt-out of this feature by deactivating it, in which case we will de-list your contacts (unless their details were provided by other sources).
Name Search: Our “Name Search” feature will allow you to request a phone number at a manual name search; the request will only be accommodated it the searched person has made his phone number available for search via the Service, or where his phone number is available on a publicly accessible directory. If that is not the case, the request will be forwarded (by SMS) to the searched person (if permissible), who may choose whether to share with you his number at his or her own discretion, block future requests from you or opt-out of this feature altogether. Your profile information will be visible to that person. Any person may opt-out of this feature, free of charge, by contacting us at: [email protected]. In any case, no person will receive more than two requests a week. You hereby consent that you may receive such requests, in accordance with the terms stipulated herein.
Social Network Sync: Certain features of the App allow you to synchronize your profile information and your contacts’ information with the information contained on your social networks and platforms (Facebook, Google+, VK, LinkedIn, etc.), including information made available by your contacts or friends on such social networks (e.g. birthdays, photos, status, etc.). These features will enhance the performance of our Service and allow you to better integrate and harmonize our Service with your updated profile information and information concerning your friends. The Company will abide by the terms and conditions of the social networks and platforms in which you and any relevant contact are registered with a profile, with respect to retrieving accessible information from such networks or platforms (for synchronization or for other purposes), and will follow any configuration, security, privacy or other applicable restrictions of such platforms.
6. Eligibility. You may use the Services only if you are at least sixteen (16) years old. If you are under the age of eighteen (18) or under the legal age to form a binding contract in the jurisdiction in which you are located, you may only use the Services under the supervision of a parent or legal guardian who has agreed to stand behind any action you take and/or agreement you enter into while using the Services, including this Agreement. We reserve the right to require you at any stage to provide proof of age, and, if applicable, approval of your use of the Services by your parent or legal guardian, so that we can verify that only eligible users are using the Services. In the event that it comes to our knowledge that a person under the age of sixteen (16) is using the Services, we may prohibit and block such user from using the Services.
7. User Submissions
7.1. The Company will allow you to submit and upload information into the Service directly, either as your profile information (e.g. full name, phone number, email address, age, etc.), or as notes (“User Submissions”). You shall be solely responsible for your User Submissions and the consequences of submitting or uploading them.
7.2. Your User Submissions will be sent and published to anyone who has your phone number and your name listed in the contact list of their mobile device. You represent and warrant that you own all the rights, titles and interests required for you, including obtaining the necessary consents and permissions and displaying all required notices, to use your User Submission in the manner contemplated herein. You further authorize us to use all Intellectual Property Rights (as defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated in this Agreement. For purposes hereof, “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
7.3. You retain all of your ownership rights in and to your User Submissions. You hereby grant the Company a worldwide, non-revocable, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display your User Submissions in connection with the Service, including, without limitation, for providing, administering and improving the Service, and the Company’s business, to the extent permitted by law, and without the need for any further compensation, approval or consent.
7.4. You agree that you will not send, submit or transmit a User Submission that: (i) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (ii) is unlawful, harassing, hateful, offensive or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (iii) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (x) breaches this Agreement.
7.5. You understand and acknowledge that when accessing and using the Service: (i) you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to (i) and (ii) in this paragraph.
8. Proprietary Rights. The Company retains all rights, titles and ownerships in and of the Service or any part thereof, including without limitation, the design and layout of the Service, all contents, text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, copyrights, patents, trademarks, service marks and logos, database, registered or not contained in the Service, excluding User Submissions (the “Materials”). You may not use, sell, copy, modify, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, the Materials, except as expressly authorized herein, without the Company's prior explicit written consent. You are granted only a limited and revocable right to use the Service, subject to the terms of this Agreement, and for personal use only, and under no circumstances are you acquired any right, interest or title to any part of the Materials. “” and the logo, and other marks are mark of the Company or its affiliates. All other trademarks, service marks, and logos used in the Service are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Service and Materials. Materials are provided to you for your information and personal use only. If you download or print a copy of the Materials you must retain all copyright and other proprietary notices contained therein.
9. Third Party Services
This Agreement applies only to your use of the Service. The Company has not reviewed, has no control over, nor does it endorse, screen, promote or otherwise assume any responsibility for the content of third party websites or applications ("Third Party Services"), or to the information, advertisements, services, practices or other material contained on, or accessible through Third Party Services, including without limitation third party websites to which hyperlinks are contained in the Service.
11. Confidentiality. You may have access to certain non-public or proprietary information and materials of the Company, whether in tangible or intangible form ("Confidential Information"). You shall take commercially reasonable measures to protect the Company’s Confidential Information within your possession or control, from misuse or disclosure to a third party. You shall use the Company’s Confidential Information solely for the purposes of performing under this Agreement. In the event that you are required to disclose Confidential Information of the Company pursuant to any Law, regulation, or governmental or judicial order, you will (a) promptly notify the Company in writing of such Law, regulation or order, (b) reasonably cooperate with the Company in opposing such disclosure, (c) only disclose to the extent required by such Law, regulation or order (as the case may be).
12. Export laws. You agree to comply with all applicable export laws and regulations to ensure that neither the Services nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
13. Changes to the Materials. To the maximum extent permitted by law, the Company reserves the right to modify, correct, amend, enhance, improve, decide to provide for free or for fee, make any other changes to, impose limits on certain features, or discontinue, temporarily or permanently, the Materials (or any part or functionality thereof) without notice, at any time, including based on the territory you are located in, your operating system or any other operational, technical or other reasons at its discretion. In addition, you hereby acknowledge that the functionalities included in the App may be changed, extended or reduced in terms of content and form or removed at any time without any notice to you. You agree that Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service (or any part or functionality thereof).
14. LIMITATED WARRANTIES
14.1. YOU HEREBY EXPRESSLY AGREE, THAT TO THE FULLEST EXTENT NOT PROHIBITED BY THE APPLICABLE LAW, THAT:
THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF THE SERVICE OR OF ANY INFORMATION PROVIDED OR OTHERWISE DISSEMINATED IN CONNECTION WITH THE SERVICE IS AT YOUR SOLE RISK.
THE COMPANY MAKES NO WARRANTY OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED IN CONNECTION WITH THE SERVICE AND YOUR USE OF THE SERVICE OR ANY INFORMATION PROVIDED OR OTHERWISE DISSEMINATED IN CONNECTION WITH THE SERVICE (INCLUDING, USER SUBMISSIONS), AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, COMPLETENESS, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE, INCLUDING, THE DATA SHARED WITH THE COMPANY AND ANY DAMAGES TO YOUR DEVICES, INCLUDING WITHOUT LIMITATION LOSS OR EXPOSURE OF DATA, AND YOU WILL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS.
THE COMPANY DOES NOT GUARANTEE THAT THE SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SERVICE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT THE COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.
WE DO NOT WARRANT THAT THE MATERILS AVAILABLE ON THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. YOUR USE OF THE MATERIALS, OR ANY PART THEREOF, IS MADE SOLELY AT YOUR OWN RISK AND RESPONSIBILITY.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR RESPONSIBLE FOR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ADVERTISERS, OTHER USERS OF THE SERVICE AND PARTIES WHO OFFER SERVICES THROUGH THE SERVICE. THE COMPANY DOES NOT WARRANT, ENDORSE AND WILL NOT BE LIABLE TO ANY DAMAGE OR CLAIM FOR ANY USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION, ITS ACCURACY, ENGAGEMENT WITH COMMERCIAL ACTIVITY OR SPAM. THE COMPANY SHALL NOT BE RESPONSIBLE FOR THE CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SERVICE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SERVICE USER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY OTHER SERVICE USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMNT, THE COMPANY MAKESS NO REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICE OR MATERIALS.
15. Indemnification. To the maximum extent permitted by law, you agree to indemnify, defend, and hold the Company (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including, without limitation, attorneys’ fees, arising out of or related in any manner to your violation of this Agreement and your use or misuse of the Service, including, without limitation, your access to or use of the Service, any breach or alleged violation of the rights of any other person or entity by you, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right and any breach or alleged violation by of this Agreement. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
16. LIMITATION ON LIABILITY
YOU HEREBY EXPRESSLY AGREE, THAT TO THE FULLEST EXTENT NOT PROHIBITED BY THE APPLICABLE LAW, THAT THE COMPANY SHALL NOT BE LIABLE, IN ANY EVENT, FOR:
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE), DAMAGES, OR FOR LOSS OF DATA, PROFITS AND GOODWILL, ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SERVICE, OR BY ANY FORM OF MALWARE, WHETHER OR NOT THE COMPANY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
IN ANY EVENT, THE COMAPNY’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO THE COMPANY FOR USING THE SERVICES WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE COMPANY’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Failure to assert, at any time, any right, or require performance in regard to this Agreement by or on behalf of the Company shall not constitute concession, yield, waiver or relinquishment of any sort, and shall not limit the Company's rights with respect to such breach or any subsequent breaches. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
17. Apple (additional provisions)
If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
(i) You acknowledge and agree that:
this Agreement is concluded between the Company and you only, and not with Apple, and the Company and its licensors, and not Apple, is solely responsible for the App and the content thereof.
your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
the Company is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
the Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility;
the Company, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;
in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation defense, settlement and discharge of any such intellectual property infringement claim;
Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
(ii) You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties
(iii) If you have any questions, complaints, or claims regarding the Service, please contact the Company at:
Email: [email protected]
(iv) By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
The Company reserves the right (but has no obligation), at its sole discretion and without prior notice to:
Terminate your account or your access to the Service, where it determined that you have breached any of the terms of this Agreement.
Monitor or review any content submitted by you in connection with the Service, reject any content submitted or remove any content from the Service, or refuse your requests in connection with the Service.
You may rectify or remove any personal information related to you from the Service at any time, by contacting us at: [email protected] You may terminate your account at our Service at any time by uninstalling the Service and ceasing to use the Service.
19. Updates and Upgrades. We may from time to time provide updates or upgrades to the Service (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Service. All references herein to the Service shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original Service, unless the Revision is accompanied by a separate license agreement which will govern the Revision
20. Governing Law and Jurisdiction. This Agreement constitutes the entire agreement between you and the Company and replace all previous agreements under this title. There are no verbal subsidiary agreements. Notwithstanding anything to the contrary and to the fullest extent permissible by law, this Agreement, shall be governed by the laws of the State of Israel without regard to its conflict of laws rules. You and the Company hereby agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel, to resolve any legal matter arising from the Agreement. Notwithstanding the foregoing, the Company may seek injunctive relief in any court worldwide of competent jurisdiction.
21. Assignment of Rights, Severability and Waiver
21.1. The Company may assign its rights according to this Agreement to any third party at its sole discretion. You may not assign or delegate your rights according to this Agreement, without the Company's prior written consent.
21.2. If any part of this Agreement is deemed void, unlawful, or for any reason unenforceable or invalid, then that part shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of the Agreement.
21.3. Failure to assert, at any time, any right, or require performance in regard to this Agreement by or on behalf of the Company shall not constitute concession, yield, waiver or relinquishment of any sort, and shall not limit the Company's rights with respect to such breach or any subsequent breaches. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
22. Entire Agreement. The terms of this Agreement and any supplemental or incorporated documents or policies constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. This Agreement is concluded between you and the Company only, and not with any other party.
23. Amendments to the Agreement. The Company reserves the right, at its sole discretion, to periodically amend or revise the terms of this Agreement. We will notify regarding material changes, and such changes will take effect seven (7) days after such notification was provided in the Service. Your continued use of the Service, following the amendment of the Agreement, constitutes your acknowledgement and consent of such amendments to the Agreement. The last revision will be reflected in the "Last modified by" heading above. The modified Agreement will be published on the Website.