Last updated: March 9, 2014
1. Relationship with LetMobile Ltd. (“LetMobile” or the “Company”)
1.4 Your agreement with the Company will also include the terms of any notices applicable to the Services, in addition to the Terms (the “Additional Terms”), and by accepting the Terms you agree to also comply with the AWS Terms which may be found at http://aws.amazon.com/terms. Where Additional Terms apply to a Service, these will be accessible for your review either within or through your use of such Service.
1.5 The Terms, together with the Additional Terms, form an agreement between you and the Company in relation to your use of the Services.
1.6 If there is any contradiction between the Additional Terms and the Terms, the Additional Terms shall take precedence in relation to the respective Service.
1.7 If there is any contradiction between the Additional Terms or the Terms and the AWS Terms, the Additional Terms or the Terms (as applicable) shall take precedence in relation to the respective Service.
2. Acceptance of the Terms
2.1 In order to use the Services, you must first agree to the Terms (i.e. you may not use the Services if you do not accept the Terms).
2.2 You may accept the Terms either by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by LetMobile in the user interface for any Service; or
(B) actually using the Services. In this case, you understand and agree that the Company will treat your use of the Services as acceptance of the Terms.
2.3 You may not use the Services and may not accept the Terms if you are: (i) not of legal age to form a binding contract with LetMobile, or (ii) a person prohibited from receiving and/or using the Services under the laws of the United States or other countries, including the country in which you reside or use the Services.
2.4 If you are accepting the Terms on behalf of a company or other legal entity, the terms “you” or “your” shall mean such entity (as applicable), and you represent that (a) you have the legal authority to bind the legal entity to the Terms and (b) all users of the Services on your behalf will be subject to the Terms as if they are original parties hereto.
3. Use of the Services
3.1 In order to access some of the Services, you may be required to provide personal information as part of the registration process for the Service or as part of your continued use of the Services. You agree that any information you provide to LetMobile will be accurate, correct and up to date.
3.2 You agree to use the Services only for purposes that are permitted by (a) the Terms, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions, including any laws regarding the export of data or software to and from the United States or other relevant countries.
3.3 You agree not to access or attempt to access any of the Services by any means other than the interface provided to you by LetMobile, unless otherwise mutually agreed between you and the Company.
3.4 You agree not to engage in any activity that will interfere with or disrupt the Services or the servers and networks to which the Services are connected.
3.5 Without limiting the generality of the above in this Section 3, you agree not to do any of the following while using the Services:
(a) post or publish any text, graphics, or material that:
(i) is false or misleading;
(ii) is defamatory;
(iii) invades another's privacy;
(iv) is obscene, pornographic, or offensive;
(v) promotes bigotry, racism, hatred or harm against any individual or group;
(vi) infringes another's rights, including any intellectual property rights; or
(vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability,
(b) access, tamper with, or use non-public areas of LetMobile's websites, LetMobile's computer systems, or the technical delivery systems of LetMobile's providers,
(c) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures,
(d) attempt to access or search the Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by LetMobile or other generally available third-party web browsers, including but not limited to browser automation tools,
(e) send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services,
(f) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information,
(g) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services,
(h) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing LetMobile's websites; or plant malware on LetMobile's computer system, those systems of LetMobile's providers, or otherwise use the Services to attempt to distribute malware, or
(i) impersonate or misrepresent your affiliation with any person or entity.
3.6 Unless specifically permitted in a separate agreement with the Company, you agree not to reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
3.7 You agree that you are solely responsible for any breach of your obligations under the Terms and for any consequences, including but not limited to, any loss or damage which the Company may suffer, of any such breach.
4. Account Security
4.1 You agree that you are solely responsible for maintaining the confidentiality of any passwords associated with any account you use to access the Services.
4.2 Accordingly, you agree that you will be solely responsible to LetMobile for all activities under your account.
4.3 If you become aware of any unauthorized use of your password or account, you agree to immediately notify LetMobile by email at email@example.com.
6. Content in the Services
6.1 You understand that all information (e.g. data files, written text, computer software, etc.) (the “Content”) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such Content originated.
6.2 Content presented to you by LetMobile or on LetMobile’s behalf, as part of the Services, may be protected by intellectual property rights, which are owned by LetMobile. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Content, either in whole or in part, unless you have been specifically permitted do so by the owners of such Content.
6.3 You agree that you are solely responsible for, and that the Company will not be responsible to you or to any third party for, any Content that you create, transmit or display while using the Services and for the consequences of your actions, including but not limited to, any loss or damage which the Company may suffer by doing so.
7. Intellectual Property Rights
7.1 You acknowledge and agree that the Company own's all intellectual property rights, title and interest in and to the Services, whether those rights have been registered or not. You further acknowledge that the Services may contain information, which is designated as confidential by LetMobile, and you agree not to disclose such information without LetMobile’s prior written consent.
7.2 Unless otherwise mutually agreed in writing between you and the Company, nothing in the Terms gives you any right to use any of LetMobile’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
7.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices, including but not limited to, copyright and trade mark notices, which may be annexed to or contained within the Services.
7.4 Unless you have been expressly permitted to do so in writing by LetMobile, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
8. License from the Company
8.1 The Company gives you a worldwide, royalty-free, non-transferable, non-assignable and non-exclusive license (the “Company's License”) to use the software provided to you by the Company as part of the Services as provided to you by the Company (the “Software”). The Company's License is for the sole purpose of enabling you to use the Services as provided by the Company, subject to the Terms.
8.2 You may not, and you may not permit anyone else to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless expressly permitted or required by law, or unless you have been specifically permitted do so by the Company, in writing.
8.3 Unless the Company has given you an express written permission to do so, you may not assign, or grant a sub-license of, your rights to use the Software, grant any security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
9. Content License from You
9.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through the forums on LetMobile’s websites or any other part of LetMobile’s website in which you may submit feedbacks on the Services (including but not limited, bulletin boards, chat rooms, blogs, etc.) (“Feedback Content”). By submitting, posting or displaying the Feedback Content you give the Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (the “User's License”) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Feedback Content which you submit, post or display on or through, the Services. This User's License is for the sole purpose of enabling LetMobile to improve, enhance, develop, display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
9.2 You agree that this User's License includes a right for LetMobile to make such Content available to other companies, organizations or individuals with whom LetMobile has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
9.3 You understand that LetMobile, in performing the required technical steps to provide the Services to our users, may (i) transmit or distribute your Content over various public networks and in various media; and (ii) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this User's License shall permit LetMobile to take these actions.
9.4 You confirm and warrant to LetMobile that you have all the rights, power and authority necessary to grant the above license.
10. Software Updates
The Software may, from time to time, be automatically updated by LetMobile. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to such updates as part of your use of the Services.
11. Termination of Your Relationship with LetMobile
11.1 The Terms will continue to apply until terminated by either you or LetMobile as set forth below.
11.2 You may terminate your legal agreement with the Company by (i) notifying the Company at any time; and (ii) closing your accounts for all of the Services which you use, where the Company has made this option available to you.
11.3 The Company may at any time, terminate its legal agreement with you in the occurrence of one or more of the following events:
(i) you have breached any provision of the Terms, or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms;
(ii) the Company is required to do so by law;
(iii) the partner with whom the Company offered the Services to you has terminated its relationship with the Company or ceased to offer the Services to you;
(iv) the Company ceases to provide the Services to users in the country in which you are resident or from which you use the service;
(v) the provision of the Services to you by LetMobile, in LetMobile’s opinion, is no longer commercially viable.
11.4 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to, or which have accrued over time whilst the Terms have been in force, or which are expressed to continue indefinitely, shall be unaffected by the cessation of the Terms, and the provisions of paragraph 18.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Use of the Services at Own Risk
Your access to and use of the Services and is at your own risk. The Company will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services.
You agree to defend, indemnify, and hold the Company, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Services; (ii) your breach of this Agreement; or (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right.
14. EXCLUSION OF WARRANTIES
14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
14.2 IN PARTICULAR, LETMOBILE, ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LETMOBILE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.5 LETMOBILE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT LETMOBILE AND ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH THE COMPANY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES OR ANY FEATURES WITHIN THE SERVICES;
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE LETMOBILE WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON THE COMPANY’S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Other Content
16.1 The Services may contain links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for any loss or damage which may be incurred by you as a result of: (a) the availability or accuracy of such websites or resources, or (b) the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
17. Changes to the Terms
17.1 The Company may make changes to the Initial Terms or Additional Terms from time to time. When these changes are made, LetMobile will make a new copy of the Initial Terms available at http://www.letmobile.com/old-terms and any new Additional Terms will be made available to you from within, or through, the affected Services.
17.2 You understand and agree that if you use the Services after the date on which the Initial Terms or Additional Terms have changed, the Company will treat your use as acceptance of the updated Initial Terms or Additional Terms.
18. General Terms
18.1 While using the Services, you may, as a result of, or through your use of the Services, use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
18.2 The Terms constitute the whole legal agreement between you and the Company and govern your use of the Services (excluding any services which the Company may provide you under a separate written agreement), and replace any prior agreements between you and the Company in relation to the Services.
18.3 You agree that LetMobile may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
18.4 You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in the Terms, or which the Company has the benefit of under any applicable law, this will not be taken to be a waiver of the Company’s rights and that those rights or remedies will still be available to the Company.
18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
18.6 The Terms, and your relationship with the Company under the Terms, shall be governed by the laws of the State of Israel without regard to its conflict of laws provisions, unless you reside in North America, in which case, governing law shall be the State of New York. You and the Company agree to submit to the exclusive jurisdiction of the courts of Tel-Aviv-Jaffa to resolve any legal matter arising from the Terms, unless you reside in North America, in which case, you and Company agree to submit to the exclusive jurisdiction of the courts of New York, NY to resolve any legal matter arising from the Terms. Notwithstanding the above, you agree that the Company shall still be allowed to apply for injunctive remedies, or an equivalent type of urgent legal relief, in any jurisdiction.