2. License Grant.
The Software is protected by copyright laws and internationalcopyright treaties, as well as other intellectual property laws and treaties.The Software includes trade secrets and information that is confidential andproprietary to Ador and you agree to take all necessary actions to protect theconfidentiality of such information. All ownership rights in the Software andServices, including any related documentation and any new releases,modifications, and enhancements thereto belong solely to Ador and itslicensors, if any, including all intellectual property rights therein. TheSoftware is licensed, not sold. The title does not pass to you. There is noimplied license, right or interest granted in any copyright, patent, tradesecret, trademark, invention or other intellectual property rights. Ador herebyexpressly reserves all rights in the Software and all Services which are notexpressly granted to you hereunder.
You only obtain a license to use the object code version of theSoftware. You shall not (i) copy, modify, adapt, translate into any language,distribute, or create derivative works based on the Software or any of theServices; (ii) sublicense, sublease, lease, lend, assign, sell, license,distribute, rent, export, re-export or grant other rights in the Software orService and any attempt by you to take such action shall be void; (iii)decompile, disassemble, reverse engineer, or attempt to reconstruct, identify,or discover any source code, underlying ideas, underlying user interface techniques,or algorithms of the Software or any of the Services by any means whatsoever;(iv) remove, obscure or alter any copyright and/or other proprietary noticescontained in or otherwise connected to the Software or any of the Services; (v)use the Software or any of the Services to create or proliferate a virus or tocircumvent any copyright protection or other digital rights managementmechanism.
5. Additional Restrictions.
You further represent that you shall not (i) use the Software orany of the Services for any illegal or unauthorized purpose, (ii) use theSoftware or any of the Services in any manner which could damage, disable,overburden or impair any of the Services, (iii) transmit worms, viruses or anycode of a destructive nature, (iv) display, transmit or share any contentconsisting of text, sounds, audio, pictures, photos, video and/or any type ofmaterials, information or communications (“Content”) deemed hateful,threatening, pornographic, obscene, abusive, racially or ethnically offensive,libelous or defamatory, or any Content that encourages conduct that would beconsidered a criminal offense or bring forth civil liability, (v) attempt tohack, destabilize or adapt Ador’s website, the Software (or its source code) orany of the Services, or alter another website so as to falsely imply that it isaffiliated with Ador, or (vi) use or access any of the Services by any meansother than through the interface provided by Ador.
6. Your Utilization of YourDevice:
Content transmitted by the use of the Software and Services isentirely the responsibility of the person from whom such Content originated.You use the Software and Services at your own risk and understand that by usingthe Software or any of the Services, you may be exposed to Content that isoffensive, harmful to minors, indecent or otherwise objectionable. Ador doesnot endorse any Content and expressly disclaims any and all liability inconnection with any and all Content transmitted or displayed using the Softwareand/or Services. You hereby release and discharge the Ador Parties (as definedbelow) from any and all claims and demands arising out of or relating to anyContent.
8. Your Content.
9. Third Parties.
The Software may be incorporated into and may incorporate itself,software and other technology owned and controlled by third parties. Any suchthird party software or technology that is incorporated in the Software fallsunder the scope of this Agreement.
10. New Versions of the Software.
11. Third-Party Fees.
For particular Devices, Ador may ask your permission to use yournative SMS application to deliver messages or invitations to people who are notregistered users of the Services and with whom you choose to communicate. Someof these services may charge additional fees.
13. No Access to EmergencyServices.
The Software and Services are not intended to support or carryemergency calls to any type of hospitals, law enforcement agencies, medicalcare unit or any other kind of services that connect a user to emergencyservices personnel or public safety answering points pursuant to applicablelocal and or national regulatory requirements (“Emergency Services”). There areimportant differences between traditional telephone services and Software andServices. You acknowledge and agree that: (i) Ador is not required to offeraccess to Emergency Services under any applicable local and/or national rules,regulations or law; (ii) it is your responsibility to purchase, separately fromthe Software, traditional wireless (cellular) or fixed-line telephone servicesthat offer access to Emergency Services, and (iii) Ador is not a replacementfor your primary telephone service.
14. Prevention of UnauthorizedUse.
Ador reserves the right to exercise whatever lawful means it deemsnecessary to prevent unauthorized use of the Software or Services, including,but not limited to, technological barriers, IP mapping, and directly contactingyour wireless (cellular) carrier regarding such unauthorized use.
15. License Grant to Ador.
You hereby authorize Ador to collect and use the address books,contact lists, and unique phone identifiers (IMEI, UDID, or other) contained inthe Devices to which you have downloaded the Software for purposes of your useof the Services.
16. Premium and all kinds of paidcontents & item Services.
17. Payments for Premium and allkinds of paid contents & item Services.
The Premium and all kind of paid contents & item Services maybe offered on a subscription basis, per usage basis or as otherwise describedat the time of your purchase, and may be payable in advance, in arrears, perusage, or as otherwise described at the time of your purchase. If you purchaseany Premium and all kind of paid contents & item Services, you hereby agreeto pay all charges to your account, including applicable taxes, in accordancewith billing terms in effect at the time the charges are payable and whethercharged by Ador or the online application store from which you downloaded theSoftware (the “Application Store”). You agree to abide by any relevant terms ofservice or other legal agreement that governs your use of a given paymentprocessing service and/or method. If you purchase Premium and all kind of paidcontents & item Services on a subscription basis, you acknowledge and agreethat this is a recurring payment and payments shall be made by the paymentmethod and payment intervals you have selected, until the subscription for thePremium and all kind of paid contents & item Services is terminated. Youagree that if you purchase Premium and all kind of paid contents & itemServices through an Application Store, all payment-related questions, issues,disagreements and/or disputes shall be handled in accordance with the terms ofservice or other legal agreement that governs your use of a given paymentprocessing service and/or method, and in no event will Ador have anyresponsibility in connection with any of the foregoing.
You may request a full refund for any Premium and all kind of paidcontents & item Service purchased from an Application Store if permittedby, and pursuant to the refund rules of, the Application Store. Exceptions - 1)refunds are not available to users who are banned by Ador and its community,and 2) full-refunds are not available for partially-used purchases.
19.Termination by You.
You may terminate your use of the Services at any time byuninstalling and deleting the Software from all of your Devices. If you havesubscribed to any Premium and all kind of paid contents & item Services,you agree that you are solely responsible for directly terminating all payment obligationsyou may have with any Application Store and/or payment processing service inconnection with the Premium and all kind of paid contents & item Services.
20. Termination by Ador.
21. Storage of Content.
22. Third-Party Sites, Productsand Services; Links.
25. No Warranty.
The Software and Services are provided to you “AS IS” and “ASAVAILABLE” with no warranties. The Ador Parties hereby disclaim all warranties,terms, or conditions, express or implied, either in fact or by operation oflaw, statutory or otherwise, including, without limitation, warranties, termsor conditions of merchantability, fitness for a particular purpose,satisfactory quality, correspondence with description, title, non-infringement,and accuracy of the information generated. ACCORDINGLY, YOU ACKNOWLEDGE ANDAGREE THAT THE ADOR PARTIES (AND IF YOU DOWNLOADED THE SOFTWARE FROM THE APPSTORE OR GOOGLE PLAY, APPLE OR GOOGLE) WILL HAVE NO LIABILITY IN CONNECTIONWITH OR ARISING FROM YOUR USE OF THE SOFTWARE AND/OR ANY OF THE SERVICES. YOURONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THESOFTWARE AND/OR ANY OF THE SERVICES IS TO IMMEDIATELY UNINSTALL THE SOFTWAREAND CEASE USE OF THE SOFTWARE AND ALL SERVICES. You further acknowledge thatthe Ador Parties (and if you downloaded the Software from the App Store orGoogle Play, Apple or Google) have no obligation whatsoever to furnish anymaintenance or support services with respect to the Software and/or Services.
26. NO WARRANTIES.
THE ADOR PARTIES DO NOT WARRANT THAT THE CONTENT DISPLAYED ORTRANSMITTED ON OR THROUGH ANY OF THE SERVICES WILL BE UNINTERRUPTED, OR FREE OFERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THEFOREGOING WILL BE CORRECTED. THE ADOR PARTIES DO NOT WARRANT OR MAKE ANYREPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THESOFTWARE OR SERVICES.
27. HARM TO YOUR DEVICE.
YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY OR RECEIVECONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILLBE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICEAND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
28. LIMITATION OF LIABILITY.
YOU AND ADOR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF ORRELATED TO ANY OF THE SERVICES OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEARAFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION ISPERMANENTLY BARRED. If you downloaded the Software from the app marketplaces,you further acknowledge that the app marketplaces have no responsibility foraddressing any claims relating to the Software or Services or your possessionand/or use of the Software or Services, including, but not limited to: (i)product liability claims; (ii) any claim that the Software or Services fail toconform to any applicable legal or regulatory requirement; and (iii) claimsarising under consumer protection or similar legislation.
30. India Services.
Ador makes no representations that the Services are appropriate oravailable for use in any location outside the Republic of India (“India”).Those who access or use the Software and/or Services from other jurisdictionsare entirely responsible for compliance with all local laws.
31. BASIS OF THE BARGAIN.
YOU ACKNOWLEDGE AND AGREE THAT ADOR HAS OFFERED ITS SOFTWARE ANDSERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THELIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS ANDTHE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIRALLOCATION OF RISK BETWEEN YOU AND ADOR, AND THAT THE WARRANTY DISCLAIMERS ANDTHE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THEBARGAIN BETWEEN YOU AND ADOR. ADOR WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE ORSERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Any comments, suggestions, or feedback relating to the Software orany of the Services (“Feedback“) submitted to Ador shall become the property ofAdor. Ador will have exclusive ownership of all rights to the Feedback. Adorwill be entitled to use the Feedback for any commercial or other purposeswhatsoever, without any compensation to you or any other person. Ador will notbe required to treat any Feedback as confidential. You agree that you do notacquire any right in or to the Software or any of the Services (or any changes,modifications or corrections thereto) by virtue of any Feedback. Youacknowledge that you are responsible for whatever material is submitted by you,including its legality, reliability, appropriateness, originality, andcopyright.
The Software and Services may only be operated, exported orre-exported in compliance with all applicable laws and export regulations ofIndia and the country in which you obtained them. The Software and Services arespecifically subject to the India Export Administration Regulations; anydiversion contrary to Indian law is prohibited. You may not export, directly orindirectly, the Software, Services or technical data licensed hereunder or thedirect product thereof to any country, individual or entity for which theIndian Government or any agency thereof, at the time of export, requires anexport license or other governmental approval, without first obtaining suchlicense or approval.
34. India Government Rights.
Ador may provide you with notices, including those regardingchanges to terms and conditions, by email, or postings on the Ador website.Notice will be deemed given twenty-four (24) hours after the email is sentunless Ador is notified that the email address is invalid. Notice posted on theAdor website is deemed given ten (10) days following the initial posting. Adorreserves the right to determine the form and means of providing notificationsto our users.
35.3 International Users.
The Software and Services are hosted in India and by using theSoftware and/or any of the Services, if you are located in the European Union,Asia or any other region with laws or regulations governing personal datacollection, use, and disclosure that differ from Indian laws, then youunderstand and consent to the processing of personal information in India.
35.4 Ability to Contract.
35.5 Entire Agreement.
35.8 Governing Law and Venue.
In respect of all Ador Web’s transactions in India, Funbook Pvt. Ltd is the responsible payment party in respect of the below operations. In respect of all Ador Web’stransactions occurring outside of India, Funbook Pvt. Ltd is the responsible payment party inrespect of the below operations.
35.9 Injunctive Relief.
You acknowledge that the obligations made hereunder to Ador are ofa unique and irreplaceable nature, the loss of which shall irreparably harmAdor and which cannot be replaced by monetary damages alone so that Ador shallbe entitled to injunctive or other equitable relief (without the obligations ofposting any bond or surety) in the event of any breach or anticipatory breachby you. You irrevocably waive all rights to seek injunctive or other equitablerelief.
35.10 Third-Party Beneficiariesand Agreements.
35.12 Mobile Alerts and Optout.
Ador may use carrier distributed mobile messaging (SMS) to verifyownership of a registered mobile phone number.
Additional Information: To receiveinformation or technical support for a campaign, please mail to firstname.lastname@example.org.