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Introduction
Welcome to emoze (“the Site”). Please read the following Terms of Use carefully before using this Site or ordering/downloading any of our products, so that You are aware of your legal rights and obligations with respect to emoze and its affiliates and subsidiaries (individually and collectively, “emoze”).
By using the Site, or purchasing software or other products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. emoze has the right to revise the Terms of Use at any time without providing prior notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions.
emoze reserves the right to change, modify, suspend, or discontinue any portion of the Site at any time. emoze may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.
Privacy
Your privacy is very important to us at emoze. To better protect your rights we have provided the emoze Privacy Policy to explain our privacy practices in detail.
Use of emoze Software
emoze Mail software, sometimes referred to as (the “Software”) and accompanying documentation that are made available by download from this Site or on CD-ROM format are the copyrighted work of emoze. Use of the Software is governed by the terms of the end user license agreement (the “EULA”) that accompanies or is included with such Software and is also referenced on this Website. You will not be able to download or install any software that is accompanied by or includes a EULA unless you agree to the terms of the EULA. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer, or otherwise attempt to discover the source code of the Software available on the Site.
Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement between you and emoze, the materials in or purchased through this Site are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, emoze disclaims all warranties, expressed or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the aforementioned, emoze does not warrant that the functions contained in the Push Mail and PIM services provided by emoze and / or emoze’s partners (the “Service”) will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components. emoze does not warrant or make any representations regarding the use or the results of the use of the materials in the Service in terms of their correctness, accuracy, reliability, or otherwise. You (and not emoze) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the aforementioned, you acknowledge that as a service to users of the Service, emoze includes links to other Websites, over which emoze has no control and about which emoze makes no representations of any kind whatsoever regarding the content or appropriateness of content. You hereby irrevocably waive any claim against emoze with respect to such Websites.
Under no circumstances, including but not limited to negligence, shall emoze be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, the Site, or any other Website, even if emoze or an emoze authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from emoze or from or through the Site shall create any warranty not expressly stated in these Terms of Use. The Software and the Service are being provided to you free of charge. As such, you acknowledge and agree that emoze, its affiliates and the emoze staff will have no liability in connection with or arising from your use of the Software and the Service.
Term of Use
The license for the use of the Software and the Service is effective until terminated. You may terminate it with immediate effect at any time, with or without cause and without recourse to the courts, provided that you (i)destroy all the licenses and rights to use the Software and the Service together with all copies thereof, and (ii) remove the Software and the Service from all hard drives, networks, and any other storage media and destroy the Software and the Service together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to emoze at your expense. This license for the use of the Software and the Service will terminate according to the conditions set forth in the EULA and elsewhere within these Terms of Use, and in any event will terminate if you fail to comply with any term or condition of these Terms of Use. In such event, no notice shall be required by emoze to enact such termination. Upon termination of this Terms of Use, you agree to destroy the Software and the Service together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to emoze at your expense, and to remove the Software and the Service from all hard drives, networks and any other storage media. It is hereby clarified that emoze will not be liable for any damages caused by the termination of the license for the use of the Software and the Service.
Website
Links
emoze may provide links to other sites that emoze feels are relevant and interesting to its users (“Link Sites”). emoze is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products (“Products”). emoze does not endorse any of the Products nor does it make any representations or warranties in connection with the Products.
Online Behavior
Please exercise respect when participating in any of emoze’s community features such as Forums, Bulletin Boards, Chat Rooms, e-mail functions, etc. (“User Materials”). You may not submit or publish through emoze any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property right of any third parties, or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through emoze that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.
Please remember that emoze does not monitor the contents of these community features and cannot be held responsible for the User Materials. Therefore, emoze apologizes in advance for any offensive or otherwise displeasing User Materials.
Notwithstanding any rights or obligations governed by the Additional Terms (as defined below), if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports, and design ideas to the Site, you automatically grant emoze a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record, and reproduce the User Materials including but not limited to, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion, and publicity for the Site, emoze, and its products and services. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called “moral rights” in and to the User Materials.
Submissions
Certain parts of the Site may ask for written suggestions or problem reports such as using emoze contact form or problem report form (“Submissions”). In such a case, please read carefully the specific terms that governs these Submissions (“Additional Terms”). In the absence of Additional Terms, these Terms of Use shall govern your legal rights with respect to these Submissions.
The Submissions shall be deemed the property of emoze. emoze shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to emoze will not be treated as confidential and emoze shall not be liable for any disclosure of the Submissions.
Accounts and Security
emoze does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, you will select a password and user name. You shall provide emoze with accurate, complete, and updated information, such as your full name, mobile number, e-mail address, country of residence, user name, and password (“Account Information”). Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You may not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a user name subject to the rights of any other person without authorization; or (iii) use a user name that emoze, in its sole discretion, deems inappropriate or offensive.
You shall notify emoze of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at emoze’s sole discretion, and you may be reported to appropriate law enforcement agencies.
Notification of Copyright Infringement
emoze will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify emoze at contact form (the “Notice”).
A notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
- a description of the copyrighted work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing (“infringing work”), and which you request to be removed or access to which you request to be disabled.
- a description of where the material that you claim is infringing is located on the Site.
- information sufficient to permit emoze to contact you, such as your physical address, telephone number, and e-mail address.
- a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Administrative Information
Jurisdictional Issues
This Site is controlled and operated by emoze. emoze makes no representation that the materials contained in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Indemnity
You agree to indemnify and hold emoze and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another person or entity.
Governing Law
By accessing this Site, you and emoze agree that all matters relating to your access to or use of this Site shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law and You irrevocably submit to the exclusive jurisdiction of the courts of Tel Aviv – Jaffa, Israel.
Trademarks
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of emoze or other third parties. You are not permitted to use the Marks without the prior written consent of emoze or such third parties, which may own the Marks. emoze and the emoze logo are trademarks of emoze Ltd.
If you have any questions or concerns about these Terms of Use or any issues rose in these Terms of Use or on the Site, please contact the emoze Legal Team
© emoze – Last revised February 2006. |
