The following License Agreement have been republished from www.onefloorserve.com/eula.aspx and/or the program's installer.
One Floor App's Applications Service,
Last updated March 25, 2013.
These terms of service are the full and final agreement between One Floor App Ltd, a limited liability corporation whose principal place of business is 2 Ben-Gurion St., Ramat Gan (“OFA”) and yourself,
We are glad that you chose to participate in OFA's activities and to be a part of the OFA community. Please take the time to fully read these terms as they constitute a binding agreement between OFA and yourself.
We, at OFA acknowledge that reading legal documents may be quite exhausting, and have set up this preamble and summary, which are here solely for convenience. Please take into attention that this is just a summary of the rights and responsibilities, and that you need to read the full agreement.
First of all, The OFA services are provided to for better control of your devices, both mobile and personal computer. Therefore, these services may be resource intensive or consume some of your device's battery.
In order to provide you with such services, OFA may change some of your system's preferences, such as homepage, new tab page, add toolbars, change your default search engine and install other software on connected devices. Such changes may be reverted at any time, and if you are not satisfied with OFA's software, OFA shall assist you in such reverting.
Second, the OFA services are provided through 3rd parties, that provide it with content and/or distribution services. Therefore, OFA is not responsible for the content or accuracy of such services.
Third, OFA collects some personal information and non-personally identifiable information and stores a cookie on your computer.
Lastly, no matter what, OFA shall never, but never, be liable for any damage caused by using the services, clicking 3rd party links or any other activity made by browsing the website.
And now for the legal part:
The Services: OFA develops and distributes software and applications designed to improve internet and PC usage experiences, such as media player, PDF readers and creators and more, and which are all governed by these unified Terms of Service. Please note that in some cases, OFA's Software and/or services may be distributed by 3rd parties and/or bundled with other software; These terms, by no means, are the terms for such software.
Offers for Additional Applications: OFA may offer you, during the installation process, to install additional applications. Unless otherwise specified, OFA is not the developer of such applications, and does not warrant for their quality. Moreover, these applications may, upon obtaining your consent, change some of your system's features and definitions.
3rd Party Content: Some of the content provided in OFA's services, such as RSS feeds, is provided by 3rd parties and OFA does not warrant for its quality or authenticity. OFA is not, and shall never be, liable to any damage occurred when relying on 3rd party content and services and does not warrant that they will be available or accurate.
Eligibility: By signing up to the Services or by installing one of OFA’s software or applications, you hereby acknowledge and accept these terms and agree to be bound by them. In order to use the Services you shall be required to maintain your account details secure and adhere to OFA's terms of eligibility, as stated herein.
Your Own Device: You installed the OFA Software solely on devices you are the owner and sole proprietor of. You may not install and/or use OFA Software on any device which you are not the sole owner and proprietor.
Age: If you are a natural person, then you are over 18 years of age. If you are not over 18 years of age, you have obtained your parent's consent for these terms.
Solvency: You are solvent and have not filed for bankruptcy, liquidation, debt arrangement or otherwise lost your ability to enter into agreements such as these Terms.
Not a sex offender: Neither you, nor any of your employees, have been convicted of any sex crime, possession of child pornography or otherwise been under electronic monitoring in relation to sexual offenses.
Residence: You do not reside in any proscribed state, such as Syria, Iran or North Korea.
Sharing of Content: In some cases, OFA shall allow you to share some of your content with 3rd parties. By either providing OFA with visual material or by using OFA to share content, You hereby accept OFA User Generated Content Policy as set forth. You acknowledge that any violation of the User Generated Content Policy may cause termination of Your Service, and legal action by both OFA and the person whose rights were infringed. For the purpose of this Policy, the term Content shall refer to: (i) images and/or text used in the Service; (ii) description, text and information processed through Service; (iii) comments, information and/or submissions made through Service.
Warrant: You hereby warrant that You are either the sole proprietor or a designated licensee of any Content You process through service and that no other party’s rights are infringed or violated by using Content and Service. You moreover warrant that You have the full rights and authorization to enter into these Terms and to process the Content, and that no legal claim, dispute or lawsuit was filed against You or threatened against You for using Content.
Copyright License: You hereby license OFA an irrevocable, permanent, unlimited, world-wide, royalty-free, sublicensable, non-exclusive license to use Your Content and to allow Users to use Your Content according to the functionality of Service and through Facebook’s or other 3rd party services, including the creation of derivative works and the creation of three dimensional works.
Trademarks: You hereby license OFA an irrevocable, permanent, unlimited, world-wide, royalty-free, sublicensable, non-exclusive license to use and display any Trademarks associated with Your Content according to the functionality of Service.
Model Release: You hereby grant OFA and Users the permission to use and display the images of the persons displayed in Your Content for commercial use and to endorse OFA or any other service You wish to endorse through Service.
Offensive Content: You hereby warrant that Your Content is not offensive and does not infringe the right of any 3rd party, including, but not only:
Intellectual Property Infringing: Your Content does not infringe any 3rd party copyright, design, patent, trademark, trade secrets or any other intellectual property rights.
Pornography: Your Content does not contain any image including nudity, profanity, sexual activity, sexual innuendos, sexually offensive or otherwise obscene Content.
Slanderous: Your Content does not slander, defame or otherwise harm the good name of others.
Scams: Your Content is not used to initiate any scam, pyramid scheme, phishing or otherwise any use which may be used to extract goods and/or money from others, including any virtual property.
Notice and Takedown Mechanism: In order to protect Your rights, OFA has set up this Notice and Takedown Mechanism to help You protect Your Content and to ensure that no unauthorized use is made.
Prescreen: You acknowledge that OFA cannot pre-screen all Content, but that it shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content or User that is available via the Service. OFA shall have the right to remove any Content or User that violates these terms or is otherwise objectionable.
Disclosure of Content: You acknowledge and agree that OFA may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of OFA, its Users, and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Harmless: You agree and warrant to hold OFA and Users harmless and to immediately indemnify OFA or Users for any claim of copyright infringement, trademark dilution or patent infringement for any use of Content according to these terms. You also agree to indemnify OFA and/or Users for any 3rd party lawsuit for Copyright infringement due to their use of Content made available by You
Cease and Desist: OFA values others Your Rights, and therefore shall comply with all state regulations regarding 3rd party rights. Should you encounter any Content which you believe to be in violation of any of Your rights, good name or copyrights, Please file an infringement complaint to our Content officer: [email protected]
; Our officer shall examine your complaint and shall forward it to the User who published said Content for his answer.
Should Your complaint be false, harassing or in order to prevent legal use of service, you shall bear all liability to compensate the User which you reported as infringing and/or OFA. In your complaint you will be required to inform us with: (i) a written statement regarding what Content infringes your rights and proof that You hold those rights; (ii) what is the exact URL of the Content; (iii) notification that you believe that the use made by the Content is not considered fair-use, criticism, consumer protest or any other protected speech.
Moderation: Pursuant to any Cease and Desist notification, and promptly thereafter, OFA shall moderate the Content and review your request; OFA shall notify the User who posted the Content on Your complaint, including Your information and request his response.
Removal or Restoration: Should the User who posted the content fail to respond within 96 hours, OFA shall remove the Content; had he responded, OFA shall inspect his response and had there any material questions of fact or law arise, shall forward his personal information directly to You so you could commence litigation over Your complaint.
Indemnification: You hereby warrant and agree to hold OFA harmless and to indemnify OFA for any damage, loss, expense, legal expense or cost incurred as a result of (i) Your posting of any content in direct violation of OFA User Generated Content Policy, including any false representation; OR (ii) any claim, complaint or notification filed maliciously or negligently against any User where no such claim had any legal standing.
Licenses: Apart where specifically licensed, you are prohibited from using, distributing, publishing, making derivative works, changing, reverse engineering, decompiling or otherwise manipulating the OFA Software. OFA hereby licenses you a limited, non-exclusive, non-assignable, non-transferrable, revocable, temporary, personal license to use the OFA software on your computer.
Warranty and Liability:
No Warranty: OFA does not warrant for Service and supplies it on an “as-is” and “as-available” basis. Your Use of Service is at your own risk and under your liability. OFA makes no warranty that (i) the Service will meet your requirements, including providing you with any relevant information or reaching a relevant audience and (ii) the Service will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the Use of the Service will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained by You through Service will meet your expectations, or (v) any errors in the Service will be corrected.
No Liability: For no case and for no reason shall OFA be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to You, any User or any 3rd party due to its misperformance of duties herein. OFA provides Service on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: virtual property, reputation and business reputation, User Account information including login information, loss of profit, loss of good name, all resulting from the use or inability to use Services rendered by OFA.
Amendments: OFA may amend, from time to time, these Terms of Service and may, or may not, notify you as these amendments are made. Should you decide that any amendment in these Terms of Service does not constitute as your understanding with OFA, you may, at your own will, terminate these Terms of Service and terminate your User Account. In no case will these Terms of Service have any retroactive change nor would they apply on Your conduct without your consent, therefore you undertake to examine, from time to time, any amendments in these Terms of Service.
Termination: OFA may, at its sole discretion, terminate these Terms of Service, or any other service rendered by it due to any reason, for any User, including You, or with no reason at all or for any reason, including, without limitation, for lack of use or if OFA believes that you have violated or acted inconsistently with the understandings or spirit of the Terms of Service. OFA may also, in its sole discretion, and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that OFA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that OFA shall not be liable to you or any 3rd party for any termination of your access to the Service.
3rd Party Advertisements, Content and Links: OFA may, at its own discretion and for its causes, include within Service any links for 3rd party websites, advertisements or links for applications (3rd Party Content). OFA does not warrant for 3rd Party Content or availability thereof nor does it endorse it. OFA shall not be held, or claimed to be held, liable for any 3rd Party Content, its legality or illegality, its adequacy with regulations and its quality. OFA is not affiliated with any 3rd party who provides information and/or content through the services and does not warrant for its quality or accuracy.
Entire Agreement, Waiver: These Terms of Service constitute the entire understandings between parties and will only be amended in writing. No waiver to perform any OFA's rights under this agreement shall constitute amendments of it.
Governing Laws, Jurisdiction, No Class Action: These Terms shall be solely governed by the laws of the state of Israel, including their statutes regarding conflict of laws and may be solely brought to the competent courts of the Tel-Aviv-Jaffa District. You undertake not to initiate any class action, for any reason, against OFA and to claim your damages only according to this agreement.
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