IMPORTANT:
By
registering or downloading the Loco4chat
application from our site you agree to the
following terms and conditions. Read them
carefully. For any question,
please contact:
We reserve
the right to amend, supplement or modify the
terms of service. If you do not agree to be
bound by them your only remedy is not to
download the application and navigate away from
the site.
Children under the age of 13
Parents or guardians of children at any age
should be aware that the Service is designed to
appeal to a broad audience. Accordingly, it is
your responsibility to determine whether any
portion of the Service is inappropriate for your
child.
1. Description of Service
The service
that available at www.loco4chat.com includes
everything on the website (?Service?). The
Service provides downloadable application named
Loco4chat that contains entertainment content
including mobile ringtones and graphics
(?Content?). You may download the displayed
content (ringtones and / or graphics) to your
mobile phone but please note that this service
is not for free. The content is provided by
third party content providers that require a
payment for each download. Please read the
download instruction carefully and check the
cost of each content item before submitting to
download it. We make no representation as to
compatibility of your mobile phone with the
Service.
2. Your Obligations
We request
no registration or subscription or payment for
downloading or using the application, and you
agree the Service and Content is for your
personal use. You also agree not to copy, or
distribute the Content. You may not create
derivative works, make commercial use of the
Content or attempt to circumvent, re-engineer,
decrypt, break or otherwise alter or interfere
with the Service or any Content. You may not use
a robot, scraper, or other automated means of
accessing the Site.
3. Problems Receiving Content
If you have
problems downloading the let us know immediately
by contacting:
If we do not hear
from you we will assume that everything is fine.
For problems
to download content to mobile phones we will do
our best to assist you but the service is
provided by third party company's and we cannot
do more than contacting their support and asking
their assistance at any case. We take not
responsibility for content downloading and
payment issues.
4. Copyright and Trademark Restrictions
All
trademarks, service marks, trade names, domain
names, slogans, and logos that appear in
connection with the Service are our property or
the property of our partners. You may not copy,
display or use any of these marks.
5. Termination
You can stop
using the application by un-installing it.
This Agreement will terminate immediately,
without notice, if you fail to comply with any
term or condition of this Agreement. Upon a
termination of this Agreement, you agree to
immediately un-install the application from your
computers.
6. Third Party Products and Services
We may make
available independent third party products and
services either directly or via links to
websites or application. WE ARE NOT A PARTY TO,
OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION
BETWEEN YOU AND ANY THIRD PARTY.
7. Indemnification
You agree to
indemnify, defend and hold harmless Belizcom
Ltd., (the "Company"), its parent, partners,
affiliates, licensors, employees, and agents
from and against all claims, losses, expenses,
damages and costs including, but not limited to,
direct, indirect, incidental, consequential, or
exemplary damages, and reasonable attorneys?
fees, resulting from or arising out of your use,
misuse, or inability to use the Site or the
Content, or any violation by you of these Terms
of Service.
8. Disclaimer of Warranties and Limitation
of Liability
THE SERVICE
SITE AND CONTENT INCLUDING MATERIAL SUPPLIED BY
THIRD PARTIES ARE PROVIDED, ON AN ?AS-IS? ?AS
AVAILABLE? BASIS WITHOUT REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND, EXCEPT AS
EXPRESSLY STATED IN THIS AGREEMENT. WE DISCLAIM
ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR OTHER WARRANTY, AND
IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE,
COURSE OF DEALING OR COURSE OF PERFORMANCE WITH
REGARD TO OUR CONTENT, INFORMATION, PRODUCTS, OR
SERVICES PROVIDED HEREUNDER. WITHOUT LIMITING
THE FOREGOING, WE FURTHER DISCLAIM THAT OUR
SERVICE WILL BE FREE FROM BUGS, DEFECTS, OR
ERRORS OR THAT THE SERVICE WILL BE ACCESSIBLE
WITHOUT INTERRUPTION.
THE COMPANY
WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY
USE OR INABILITY TO USE THE SITE, THE CONTENT OR
THE SERVICE. WE WILL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SITE, THE CONTENT OR THE
SERVICE. IF YOU ARE DISSATISIFIED WITH THE SITE,
THE CONTENT, OR THE SERVICE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SITE. OUR ENTIRE LIABILITY FOR ANY CLAIM IN
CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL
THEORY SHALL BE LIMITED TO 0.01 USA DOLLAR (ONE
CENT).
9. Copyright Complaints
If
you believe that your work has been copied and
has been posted, stored or transmitted to our
Site or application in a way that constitutes
copyright infringement; please provide us the
following written information:
1
An electronic or physical signature of
the person authorized to act on behalf of the
owner of the copyright interest;
2
A description of the copyrighted work
that you claim has been infringed upon;
3
A description of where the material
that you claim is infringing is located on the
Sites;
4
Your address, telephone number, and
e-mail address;
5
A statement by you that you have a
good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or
the law;
6
A statement by you, made under penalty
of perjury, that the above information in your
notice is accurate and that you are the
copyright owner or authorized to act on the
copyright owner's behalf.
Notice of claims of copyright infringement on
the Site can be sent to:
10. Miscellaneous Provisions
a.
Enforcement, Choice of Law, Choice of Forum.
Every provision of this Agreement will be
construed, to the extent possible, so as to be
valid and enforceable. If any provision of this
Agreement so construed is held invalid, illegal
or otherwise unenforceable, such provision will
be deemed severed from this Agreement, and all
other provisions will remain in full force and
effect. This Agreement will in all respects be
governed by and interpreted, construed and
enforced in accordance with the laws of the
State of Israel without respect to its choice of
law provisions. Any action between the parties
will be venued in Tel-Aviv district courts. You
irrevocably submit to the personal jurisdiction
in Tel-Aviv district courts.
b. No
Modifications or Waiver. This Agreement may not
be modified or amended except by a separate
writing, signed by both you and us. The failure
by us at any time to enforce any of the
provisions of this Agreement or any right or
remedy available hereunder or at law or in
equity, or to exercise any option herein
provided, will not constitute a waiver of such
provision, right, remedy or option or in any way
affect the validity of this Agreement. The
waiver of any default by us will not be deemed a
continuing waiver, but will apply solely to the
instance to which such waiver is directed.
c. Effect of
Agreement, Survival of Terms. This Agreement
will be binding upon and inure to the benefit of
the parties, their respective successors and
permitted assigns. No third party beneficiaries
are intended or created by virtue of this
Agreement. This Agreement does not create a
partnership, joint venture or agency
relationship between the parties. Any terms of
this Agreement that would, by their nature,
survive the expiration or termination of this
Agreement will survive. You acknowledge that you
have not been induced to enter into this
Agreement by any representations or statements,
oral or written, not expressly contained in this
Agreement.
d.
Electronic Form. A printed version of this
Agreement and of any notice given in electronic
form shall be admissible in judicial or
administrative proceeding to the same extent and
subject to the same conditions as other business
documents and records originally generated and
maintained in printed form.
e.
Correction of Errors and Inaccuracies. This
Agreement, the Content, and Sites may contain
typographical errors or other errors or
inaccuracies. We reserve the right to correct
any errors, inaccuracies or omissions and to
change or update this Agreement, the Content or
Sites at any time without prior notice. We do
not however, guarantee that any errors,
inaccuracies or omissions will be corrected.
f. Headings.
The section headings appearing in this Agreement
are inserted only as a matter of convenience and
in no way define, limit, construe or describe
the scope or extent of such section or in any
way affect such section.
11. Glossary of Terms
Content
includes Animations, Icons, Graphics, Sounds,
Ringtones
Service
includes the Loco4chat application offered by us
and other things we may offer on the website
from time to time.
We, Us and
Our refer to Belizcom Ltd.
You and Your
refer to each customer and his or her agents.
12.
Questions or Additional Information
If
you have any questions or wish to obtain
additional information, please send an e-mail to:
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