END USER LICENSE AGREEMENT
ACCEPTANCE OF TERMS AND CONDITIONS
The Software is owned by Palma Interactive Ltd (the "Company" or "We"). By downloading or using Software, You (either as an individual or an entity), the End User, acknowledge that you have read and accepted the terms and conditions of this agreement. If you do not agree with such terms and conditions; do not install or use the Software.
By downloading and using the Software you certify you are over the age of 18 (i.e., you are not a minor) and you have the legal competence to be bound by this Agreement. If you are a minor, then you certify that you have your parent or legal guardian's authorization to install and use the software and/or that your parent or guardian supervises your use.
LICENSE AND RESTRICTIONS
Subject to your full consent to the terms and conditions of this Agreement, the Company hereby grants you a limited, non-exclusive, revocable, non-sub-licensable, and temporary license to use the software solely for your personal, non-commercial lawful use.
The software is protected by copyright, trademarks and other laws, and as between you and the Company, the Company owns and retains all right, title and interest in and to the Software at all times.
Except as expressly permitted by the Company, you may not: (i) copy, modify, translate, reproduce, upload, publish, broadcast, archive, transmit, retransmit, display, perform, distribute, sell or otherwise use of the Software or any portion thereof; (ii) use the Software for any purpose that is unlawful or prohibited by these Terms and Conditions; (iii) Violate any third party licenses or agreements, including any third party software license, website terms and conditions, and privacy policies; (iv) violate the rights of others, including those relating to copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights; (v) Reverse engineer, de-compile, disassemble, modify, translate, and make any attempt to discover the source code of the Software, or create derivative works from the Software.
All copyright, trademarks and all other intellectual property rights in the Software and its content (including without limitation, design, text, graphics and all software and source codes connected with it) are owned by or licensed to the Company or otherwise used by Company as permitted by law.
The Company respects the intellectual property rights of third parties. While using the Software, you may not send, upload, transmit or otherwise make available any material (in any medium whatsoever) that infringes any copyright rights of any person, entity, or third party. The company does not actively monitor for this type of activity.
If you believe that any material displayed through the Software infringes your copyright, please send the Company’s agent a notifications of claimed infringement with all the following information: (a) identifications of the copyrighted work claimed to have been infringed; (b) identification of the claimed infringing material and information reasonably sufficient to permit to us to locate the material (such as the URL(s) of the claimed infringement material); (c) information reasonably sufficient to permit us to contact you; (d) a statement by you that you have a good faith to believe that the disputed use is not authorized by the copyright owner, its agent, or the law;(e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or that you are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Notice of claimed infringement can be sent by mail to Palma Interactive Ltd.
DISCLAIMER OF THIRD-PARTY ADS, CONTENT, AND OFFERS
UNINSTALLING THE SOFTWARE
You may uninstall the Software at any time using the standard Mac operating system procedures provided below. If you are having trouble uninstalling the Software after following these steps, please email us at firstname.lastname@example.org .To uninstall please follow the following uninstall guidelines:
USER GENERATED CONTENT
You are responsible and liable for all content or material that you post, send, upload or transmit on or through certain user-generated content features of the software (“User Content”). The company assumes no responsibility or liability to you or to third party for User Content. The company assumes no responsibility for the conduct of any user, or for monitoring or removing inappropriate Use Content.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE SOFTWARE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT ARISE FROM YOUR USE OF THE SOFTWARE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR STATUTORY, IN CONNECTION WITH THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY.
IN PARTICULAR THE COMPANY MAKE NO WARRANTIES OR REPRESENTATION THAT (1) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (2) YOU WILL RECEIVE ANY SPECIFIC RESULTS FROM USING THE SOFTWARE, (3) ANY DEFECTS RELATED TO THE SOFTWARE WILL BE CORRECTED, (4) THE SOFTWARE IS FREE OF COMPUTER BUGS, VIRUSES OR OTHER HARMFUL COMPONENT OR (5) ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SOFTWARE WILL BE ACCURATE, USEFUL, TIMELY OR RELIABLE. IF THE SOFTWARE OR ANY DATA ACCESSED VIA THE SOFTWARE PROVES DEFECTIVE, YOU SHALL ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY IF SUCH DEFECT AND DAMAGES.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE SOFTWARE, AND THE COMPANY WILL NOT BE PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OR PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF THE PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN THE ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM USE OF THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIANBILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, OR ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”), BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, PROPERTY DAMAGES, DATA LOSS, PERSONAL INJURY, OR TECHNICAL MALFUNCTION RESULTING FROM THE USE OF THE SOFTWARE, OR THE INTERRUPTION OR CESSATION OF THE SOFTWARE, (C) ANY DAMAGES OR LOSSES CAUSED BY OR RELATED TO THE UNAUTHORIZED ACCESS OR USE OF THE COMPANY’S SERVERS, SOFTWARE OR EQUIPMENT, OR ANY COMPUTER BUGS, VIRUSES HARMFUL PROGRAM OR SIMILAR MECHANISM TRANSMITTED THROUGH OR IN CONNECTION WITH THE SOFTWARE, (D) LOSS OR DAMAGES AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR THIRD PARTY CONTENT, OR AS RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY THROUGH YOUR USE OF THE SOFTWARE, OR (E) ANY CHANGE WHICH THE COMPANY MAY MAKE TO THE SOFTWARE, OR (F) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SOFTWARE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SOFTWARE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to indemnify and hold the Company and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Company arising out of or related to: (i) your use of the Software; (ii) any activities or actions by you that violates this agreement or any third party rights (including without limitation, any copyright or proprietary rights, or any third party terms of service, privacy policies, licenses or agreements); and (iii) any User Content posted or submitted by you through the Software.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
If you breach these conditions of use, and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Israel, without regard to conflict of laws or to the actual state or country of incorporation or residence of the Company or you, and you hereby submit to the exclusive jurisdiction of the courts of Tel Aviv-Jaffa in connection with any action arising under this Agreement.
OUR CONTACT DETAILS
Address: 106 Suite, Premier Building, Victoria, Mahe, Seychelles
For any further information please email email@example.com.
Last updated: February 15, 2016