iSkoot Notifier End-User License Agreement

This End User License Agreement (the “License Agreement” or “Agreement”) sets forth the terms and conditions governing the use of iSkoot web notification service (the “Service”). The Service is developed, owned and provided to you by iSkoot Inc. (“iSkoot”).

Please read this Agreement carefully before you proceed with the registration process, because it constitutes a legal and binding contract between you and iSkoot.

THE SERVICE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICE, OR PROVIDE ISKOOT WITH ANY PERSONALLY IDENTIFIABLE INFORMATION.

BY CLICKING THE “ACCEPT” BUTTON ON YOUR CELLULAR PHONE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. If you do not agree with the following terms and conditions, you must discontinue the registration process and refrain from using the Service. If you use the Service on behalf of a company, by clicking the “Accept” button you confirm and warrant toward iSkoot that you have full authority to bind the company and consent on the company’s behalf to this Agreement. The term “you” in this Agreement refers to you, an individual, and/or to the company on whose behalf you authorized the Agreement.

The Service

The Service allows you to receive incoming online messages (“Online Content”) from your personal accounts in web content services, such as web-mail services, RSS feeds and messaging services, to your cellular phone. To use the Service, you must download a software application to your cellular phone. During the initial setup, you will be asked to indicate your preferred messaging services from a list of available services and to provide the access information, such as user name and passwords, to your accounts in those services. At all times you may change your initial preferences. The Service will retrieve and aggregate Online Content from your preferred services and deliver highlights of the Online Content to your cellular phone. You may then request to receive additional related information. When the Online Content delivery session ends, all your access information will be automatically deleted from iSkoot’s systems.

The iSkoot Notifier service is provided on computer systems owned or operated by iSkoot Inc and its partners and these computer systems are located in countries outside of the Member States of the European Union. Your data will only be used to provide the Notifier service and will not be used or disclosed for any other purpose.

Please note that content display may be affected by the applications, operating systems, screens and other measures and devices used in content processing and display. Consequently, the display of the Online Content on your cellular phone may differ from the original display in lay-out, arrangement, color and font style, color and size.

License Grant

Subject to terms and conditions of this Agreement, iSkoot hereby grants you ONLY and you accept a nonexclusive, nontransferable, revocable license to use the Service, only as authorized in this License Agreement, for your personal and non-commercial use. Your limited right of use will automatically expire upon the termination or cancellation of this Agreement, by either party, for any reason.

Your Responsibilities

You are solely responsible for your use of the Service. iSkoot does not create, monitor, examine or inspect the Online Content delivered to you through the Service. iSkoot merely provides a platform for transferring Online Content from your messaging services accounts to your cell phone, and is not responsible for such content’s accuracy or reliability. The Online Content may include links to third-party websites and content. The linked content is not under iSkoot control and iSkoot is not responsible whatsoever for the content of any such linked content. The Online Content does not represent or reflect any advice, views, opinions or beliefs of iSkoot and iSkoot does not endorse or claim any responsibility for the Online Content.

You agree that you are fully accountable for the Online Content delivered to you through the Service and for any consequences resulting from your use of or reliance upon such Online Content.

You may not use the Service to transfer Online Content which may reasonably be deemed to be: (1) Infringing or violating intellectual property rights of other parties, including patents, copyrights, trademarks, service marks and trade secrets; or (2) Identifying minors, their personal details or their address and ways to contact them; or, (3) Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offence, under the applicable laws; or, (4) Prohibited by any applicable law, including court restraining orders, to be published, disseminated, or otherwise made available to the public; or, (5) Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable;

Term

This License Agreement is effective upon your clicking the “Accept” button on your cellular phone and will continue until terminated.

Notwithstanding any remedies that may be available under any applicable law, iSkoot may temporarily or permanently deny, limit, suspend, or terminate your license, if iSkoot believes that: (1) you have abused your rights to use the Service; or (2) you have breached this License Agreement; or, (3) you have performed any act or omission that violates any applicable law, rules, or regulations; or, (4) you have performed any act or omission which is harmful or likely to be harmful to iSkoot, or any other third party, including other users or suppliers of iSkoot; or, (5) you made use of the Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act.

Intellectual Property

All rights, title and interest, including copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, in and to the Service, including computer code, graphic design, lay-out and the user interfaces of the Service, are owned by, or licensed to iSkoot. Other than expressly permitted in the Agreement, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any material that is subject to iSkoot’s or to third parties’ proprietary rights in the Service, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to by electronic, mechanical or optical means.

iSkoot retains all trademark or service mark rights in the Service, iSkoot, iSkoot.com, and all applicable marks and logos. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of these marks and logos.

You must avoid any action or omission which may dilute, or tarnish the goodwill of iSkoot.

DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ISKOOT EXPRESSLY DISCLAIMS ANY OTHER WARRANTY WITH RESPECT TO THE USE OF THE SERVICE OR ANY CONTENT OR INFORMATION DELIVERED OR SENT THROUGH THE SERVICE TO LICENSEE. THE SERVICE IS PROVIDED “ASIS” WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OR ASSURANCE OF QUALITY, RELIABILITY OR FUNCTIONALITY. ISKOOT DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN ANY INSTANCE INVOLVING PERFORMANCE OR NONPERFORMANCE BY ISKOOT WITH RESPECT TO THE SERVICE. ISKOOT DOES NOT WARRANT OR GUARANTEE THAT THE USE OF THE SERVICE WILL NOT CAUSE ANY DAMAGES TO THE YOUR CELLULAR PHONE OR TO ANY OTHER SERVICES PROVIDED TO YOUR CELL PHONE OR APPLICATIONS AND CONTENT THAT RESIDE ON YOUR CELL PHONE.

YOU AGREE AND ACKNOWLEDGE THAT THE USE, SUITABILITY AND PERFORMANCE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

ISKOOT DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, OR THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR ERROR, OR THAT THE SERVICE WILL BE IMMUNE FROM UNAUTHORIZED ACCESS.

ISKOOT DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT YOU WILL FIND THE SERVICE SUITABLE FOR YOUR NEEDS.

ISKOOT DOES NOT WARRANT OR GUARANTEE THAT THE ONLINE CONTENT YOU RECEIVE TO YOUR CELLULAR PHONE WILL BE FREE FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, OR THAT ANY CONTENT, INFORMATION OR DATA RECEIVED ON OR THROUGH THE SERVICE WILL BE FREE OF ANY VIRUSES, WORMS, OR ANY OTHER DESTRUCTIVE PROPERTIES, OR THAT THE ONLINE CONTENT WILL BE LEGAL, NON INFRINGING OR VIOLATING ANY RIGHTS OR APPLICABLE LAWS OR THAT THE ONLINE CONTENT WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS.

ISKOOT DOES NOT WARRANT THAT THE CONTENT DELIVERED TO YOU THROUGH THE SERVICE, AND THE ACCESS INFORMATION THAT YOU PROVIDED ISKOOT COULD NOT BE RETRIEVED FROM ISKOOT’S COMPUTER SERVERS.

Limitation of Liability

ISKOOT, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF the SERVICE, OR FROM ANY FAULT OR ERROR MADE BY ISKOOT’S STAFF, OR FROM YOUR RELIANCE ON ONLINE CONTENT DELIVERED THROUGH THE SERVICE, OR FROM ANY COMMUNICATION WITH ISKOOT OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT ON THE SERVICE, REGARDLESS OF WHETHER ISKOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, OR MALFUNCTIONS.

Indemnification

You hereby undertake to defend, indemnify and hold iSkoot, its officers, employees, shareholders, affiliates, subsidiaries and anyone acting on their behalf, harmless, immediately after receiving a written notice from and against any claim, action, or demand asserted by any third party and arising from, or otherwise related to, your use of the Service, or your breach of this Agreement. In such cases, you will reimburse iSkoot for any expenses, including court fees, attorney fees and the damages (actual and consequential), which iSkoot might endure.

Privacy Policy

iSkoot respects your privacy. The Service’s Privacy Policy is available at: http://www.iskoot.com/privacy. It explains iSkoot’s accepted privacy practices and is incorporated by reference to this License Agreement. The terms of the Privacy Policy may change from time to time and therefore it is recommended that you read it periodically.

Compliance with Export Restrictions

You agree not to export or re-export the Service or any part thereof to any country, person, entity, or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria.

Amendments to the Agreement

iSkoot may amend and modify this Agreement from time to time, including any and all documents and policies incorporated thereto. Substantial changes will take effect 7 days after an initial notification was sent to you via email, or posted on iSkoot’s website. Other changes will take effect immediately, unless this Agreement is amended to comply with legal requirements, where in such cases the amendments will become effective as required, or ordered.

You agree to be bound by any of the changes made in the Agreement, including changes to any and all documents and policies incorporated thereto. Continuing to use the Service will indicate your acceptance of the amended Agreement. If you do not agree with any of the amended terms of the Agreement, then you must avoid any further use of the Service.

iSkoot advises you to periodically read this Agreement, as it may change from time to time.

No Waiver

The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder will not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Reservation of Rights

All rights not expressly granted herein are reserved by iSkoot.

Governing Law, Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of the State of California, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of California or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of California.

Except as provided for in the notice of claimed copyright infringement chapter hereunder, you agree to resolve any dispute or claim that you may have against iSkoot and to submit to personal jurisdiction in the exclusive jurisdiction of state and federal courts in the city of San Francisco, California.

Interpretation

The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof.

Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

Assignment

Any attempt to sublicense, assign or transfer any of your rights, duties or obligations hereunder is void.

Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any proposals or prior agreement, oral or written, and any other communications relating to the subject matter of this agreement.

Notice of Claimed Copyright Infringement

iSkoot respects the intellectual property rights of others. If you believe that certain content that resides on iSkoot’s systems at the direction of the Service’s end users’ direction infringes upon copyrights that you own or represent, you may send our copyright agent a written notification, pursuant to the provisions of the Digital Millennium Copyright Act (“DMCA”). To be effective, your notification of claimed infringement must be a written communication provided to our designated copyright agent that includes substantially the following:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on iSkoot’s systems are covered by a single notification, a representative list of such works;

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(4) Information reasonably sufficient to permit iSkoot to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

After receiving your communication, iSkoot may ask you to provide further or supplemental information, prior to removing any content from iSkoot’s systems as iSkoot deems necessary to comply with the provisions of the DMCA. iSkoot may also provide the person who posted the allegedly infringing content with your contact details, in order for that person to be able to contact you and challenge your claim.

iSkoot, in appropriate circumstances, will terminate your license if you are a repeat infringer. If you believe that a user of the Service is a repeat infringer, please contact the copyright agent, and provide information sufficient to confirm that the certain user is a repeat infringer.

You may submit a counter notification to iSkoot’s copyright agent. To be effective, your counter notification must be a written communication provided that includes substantially the following:

(1) Your physical or electronic signature;

(2) Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled.

(3) A statement under penalty of perjury that you have a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled;

(4) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found, and that you will accept service of process from the person who provided notification or an agent of such person.

iSkoot’s copyright agent Yosi Shaulson can be reached at:

iSkoot Inc.,
501 Second St, suite 216 San Francisco, CA 94107
telephone number: 415 684 1011;
e-mail address: yosi@iskoot.com
Please note that the copyright agent receives DMCA notifications only.

Last update: Oct 27, 2009