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sync.me -lrb- the `` company '' or `` we '' -rrb- is a multi-platform social application and global phonebook network , which allows you -lrb- `` you '' , `` user '' or `` users '' -rrb- to synchronize the information in your contact list with your contacts ' social networks ' profiles , identify callers or perform numeric search -lrb- `` caller id '' -rrb- , perform manual name search and participate in a collaborative mobile community , where you can share your information and your contacts ' information with other users . | 0 |
this terms of use agreement -lrb- the `` agreement '' -rrb- governs your use of or access to our mobile application and our website , available at : sync.me -lrb- collectively , the `` service '' -rrb- . | 0 |
by installing , accessing or otherwise using the service you acknowledge and warrant that you hereby consent to be bound by the terms of this agreement , and to the terms of the privacy policy -lrb- available at : sync.me / privacy -rrb- , which is incorporated herein by reference . | 1 |
if you do not agree to any of the terms of this agreement or of the privacy policy , you may not access or use the service or any part thereof . | 0 |
if certain features of our service are subject to additional terms , provisions or guidelines , they are incorporated herein by reference . | 0 |
by installing , accessing or otherwise using the service you hereby allow the service to access your contacts and all the related information therein for synchronization with your phonebook directory . | 0 |
the `` caller id '' feature allows you to associate a name with a phone number , whether automatically in an incoming call or manually by a numeric search . | 0 |
you may tag a name to a phone number using our `` name tag '' feature . | 0 |
when a sufficient number of users indicated that the phone number is associated with the same name , the name and phone number will be included in our directory . | 0 |
you may also report a phone number as spam in our directory and block future attempts to contact you from that phone number using our `` call block '' feature . | 0 |
if you decide to block a phone number , the caller will be directed to your voicemail when attempting to contact you . | 0 |
you may also report any number to our spam public directory . | 0 |
when a sufficient number of users report a phone number as spam , it will be listed in our searchable public directory , which will be periodically updated . | 0 |
you may always withdraw your spam report or block request . | 0 |
to access or use the `` sync.me search '' you will be required to provide your contacts ' names , phone numbers and email addresses for the service 's phonebook directory ; this will enhance the performance of the service and allow you to perform numeric search or identify incoming calls against a searchable phonebook directory , which contains the contacts ' information from our users who permitted the aggregation of this information . | 0 |
if you chose to activate the `` sync.me search '' feature , you would be asked to explicitly warrant that you have all necessary permissions to share your contacts ' information , and that you have no knowledge of any objection , on the behalf of any of your respected contacts , to include their names and phone numbers in the phonebook directory , which is available for other registered users . | 0 |
please be sure not to share any other person details without his or her prior consent , and that the information you share is accurate and up-to-date . | 0 |
for security reasons , we will also filter out numbers of your phonebook which do not seem to correlate to an actual person . | 0 |
you may at any time opt-out of this feature by deactivating it , in which case we will de-list your contacts -lrb- unless their details were provided by other sources -rrb- . | 0 |
our `` name search '' feature will allow you to request a phone number at a manual name search ; the request will only be accommodated it the searched person has made his phone number available for search via the service , or where his phone number is available on a publicly accessible directory . | 0 |
if that is not the case , the request will be forwarded -lrb- by sms -rrb- to the searched person -lrb- if permissible -rrb- , who may choose whether to share with you his number at his or her own discretion , block future requests from you or opt-out of this feature altogether . | 0 |
your profile information will be visible to that person . | 0 |
any person may opt-out of this feature , free of charge , by contacting us at : [email protected] . | 0 |
in any case , no person will receive more than two requests a week . | 0 |
you hereby consent that you may receive such requests , in accordance with the terms stipulated herein . | 0 |
certain features allow you to synchronize your profile information and your contacts ' information with the information contained on your social networks and platforms -lrb- facebook , google + , vk , linkedin , etc. -rrb- , including information made available by your contacts or friends on such social networks -lrb- e.g. birthdays , photos , status , etc. -rrb- . | 0 |
these features will enhance the performance of our service and allow you to better integrate and harmonize our service with your updated profile information and information concerning your friends . | 0 |
the company will abide by the terms and conditions of the social networks and platforms in which you and any relevant contact are registered with a profile , with respect to retrieving accessible information from such networks or platforms -lrb- for synchronization or for other purposes -rrb- , and will follow any configuration , security , privacy or other applicable restrictions of such platforms . | 0 |
subject to your full compliance with all of the terms of this agreement and the privacy policy , we hereby grant you a limited , personal , non-commercial , non-exclusive , revocable , non-sub-licensable , non-transferable , non-assignable , free of charge , license to download , access and use the service on a device you own or control , for the sole purpose of your personal use of the service in connection with terms provided herein . | 0 |
we are entitled , without any liability , to refuse , restrict , limit , suspend and/or interfere or interrupt the service or any part thereof , without any notice to you for the repair , improvement , and/or upgrade of the service or for any of the reasons for termination as mentioned below . | 1 |
you may not access or use the service if you are under thirteen -lrb- 13 -rrb- years of age or if you are legally unable -lrb- under the applicable laws and regulations -rrb- to enter into this agreement . | 0 |
by accessing or using the service you represent that you have reached the age of 13 years , or that you have the consent of your parent/guardian to use the service . | 0 |
the company will allow you to submit and upload information into the service directly , either as your profile information -lrb- e.g. full name , phone number , email address , age , etc. -rrb- , or as notes -lrb- `` user submissions '' -rrb- . | 0 |
your user submissions will be sent and published to anyone whose device 's contact list contains your phone number and your name . | 0 |
you are solely responsible for your user submissions . | 0 |
you warrant that you own all the rights , titles and interests required for you to use your user submission in the manner contemplated herein . | 0 |
you hereby grant the company a worldwide , non-revocable , royalty-free , sub-licensable and transferable license to use your user submissions in any way at its sole discretion , including without limitation to reproduce , distribute , make derivatives of it and use it in order to promote the company 's business in any way , and without the need for any further compensation , approval or consent . | 0 |
the service may only be used with platforms and by owners of profiles on social networks or platforms approved by the company -lrb- `` approved platforms '' -rrb- . | 0 |
you hereby warrant that you have all necessary and sufficient right to share such information with the service and other users of its community . | 0 |
you hereby warrant that you will not : | 0 |
impersonate any person or entity or otherwise misrepresents affiliation , connection or association with any person or entity , or use any fraudulent , misleading or inaccurate contact information ; | 0 |
make any copies of , modify , adapt , disassemble , translate , decompile , distribute or otherwise transfer , rent , lease , loan , resell , sublicense or reverse engineer our service or any part thereof ; | 0 |
remove , circumvent , disable , damage or otherwise interfere with any features of the service , or attempt to gain unauthorized access to any portion of the service through any means , or interfere with , corrupt , or disrupt the operation or performance of the service or the ability of any other person to use the service , including , without limitation , transmitting content that contain any viruses , worms , trojan horses , or other destructive items or harmful codes , or placing excessive load on the servers , or attempting to degrade the performance of the servers in any way ; | 0 |
violate other users ' or third parties ' rights to privacy , publicity and other rights , or harvest , scrap , data aggregate , data mine , screen scrap , index or collect data and information about other users or third parties without their consent , whether manually , or automatically with the use of any means , including without limitation bots , crawlers , spiders , robots , sifters and load testers , without the express written consent of the company , or engage in testing , pen-testing , sniffing or monitoring of the service , its systems , software or hardware in any way ; | 0 |
use the service in connection with any advertisements , solicitations , chain letters , pyramid schemes , spamming or any other commercial communication ; | 0 |
use the service in connection with material which a reasonable person could deem to be : stalking , offensive , inaccurate , incomplete , abusive , obscene , objectionable , defamatory , libelous , fraudulent or deceptive , indecent , pornographic , profane , threatening , advocating harassment or intimidation , distressing , vulgar , hateful , malicious , harmful for minors , racially or ethnically offensive , advocating racism , bigotry , hatred or physical harm of any kind against any group or individual , or disparaging the religious , political , or legal agenda of any person or entity ; | 0 |
use the service in connection with material which promotes illegal activities , or the violation of any local , state , national , or international law or regulation , including , without limitation , laws governing intellectual property and other proprietary rights -lrb- including , but not limited to , patents , trademarks , trade secrets , copyrights , or any confidential , proprietary or trade secret information of any third party -rrb- , information protection and privacy , including , but not limited to , content which disseminates another person 's personal information without his or her permission . | 0 |
the company retains all rights , titles and ownerships in and of the service or any part thereof , including without limitation , the design and layout of the service , all contents of the service -lrb- excluding user submissions -rrb- , copyrights , patents , trademarks , service marks and logos , database , registered or not -lrb- the `` materials '' -rrb- , except as expressly excluded in this agreement . | 0 |
you may not use , sell , copy , modify , distribute , redistribute , license , publicly perform or display , publish , edit , create derivative works from , or otherwise make unauthorized use of the materials , without the company 's prior explicit written consent . | 0 |
you are granted only a limited and revocable right to use the service , subject to the terms of this agreement , and for personal use only , and under no circumstances are you acquired any right , interest or title to any part of the materials . | 0 |
to demonstrate our commitment to your privacy , we designed our privacy policy to make important disclosures about our practices concerning how we collect , use and share your information . | 0 |
we encourage you to read the privacy policy located at sync.me / privacy before accessing or using our service . | 0 |
you hereby expressly agree , that to the fullest extent not prohibited by the applicable law , that : | 1 |
the service is provided to you `` as is '' , and that your use of the service or of any information provided or otherwise disseminated in connection with the service is at your sole risk . | 0 |
the company makes no warranty or representations , whether express or implied in connection with the service and your use of the service or any information provided or otherwise disseminated in connection with the service -lrb- including user submissions -rrb- , and shall not be held liable or responsible , with respect to the service and its quality , fitness for any particular purpose and promises of specific results , lack of accuracy , availability in any location , correctness , performance , merchantability , completeness , continuity , reliability , error or malware free , network-related problems , non-infringement of third party rights and security of the service , its content or any part thereof . | 0 |
you will be solely responsible for your use of the service and any damages to your devices , including without limitation loss or exposure of data , and you will be solely responsible for compliance with any applicable laws or regulations . | 0 |
the company does not warrant , endorse , guarantee or responsible for any third party , including without limitation advertisers , other users of the service and parties who offer services through the service . | 0 |
the company does not warrant , endorse and will not be liable to any damage or claim for any user submissions , including without limitation , its accuracy , engagement with commercial activity , spam , or any attempts to defraud or manipulate other users with deceptive means or misrepresentation . | 1 |
where applicable , apple has no warranty obligation whatsoever with respect to the service , and any other claims , losses , liabilities , damages , costs or expenses attributable to any failure to conform to any warranty will be subject to the terms of this agreement . | 0 |
you agree to indemnify , defend , and hold the company -lrb- and its affiliated companies , contractors , employees , agents , and suppliers and partners -rrb- harmless from any and all claims , suits , actions , liabilities , losses , costs , damages , expenses , and any other liabilities , including without limitation attorneys ' fees , arising out of or related in any manner to your use or misuse of the service , including without limitation your access to or use of the service , any breach or alleged violation of the rights of any other person or entity by you , including without limitation any intellectual property right , publicity , confidentiality , property or privacy right and any breach or alleged violation by of this agreement . | 0 |
you hereby expressly agree , that to the fullest extent not prohibited by the applicable law , that the company shall not be liable , in any event , for : | 1 |
any direct , indirect , special , incidental , consequential or exemplary damages , under any theory of liability , including but not limited to contract , tort -lrb- including negligence -rrb- , damages for loss of data , profits and goodwill , arising out of the use , misuse or inability to use the service , or by any form of malware , whether or not the company was or should have been aware or advised of the possibility of such damages ; | 1 |
any information stored , processed or transmitted via the service , including user submissions ; | 1 |
the validity , correctness or accurateness of any content disseminated , provided or otherwise delivered in connection with your use of the service . | 1 |
you hereby acknowledge and warrant that your use of any information obtained in connection with your use of the service is at your sole discretion and risk . | 0 |
your sole and exclusive remedy with respect to any problems or dissatisfaction with the service it to uninstall and cease your use of the service . | 0 |
please be advised that despite its great efforts , the company can not guarantee that its service will not be abused ; we urge you to be cautious whenever you are asked to provide personal or sensitive information with strangers . | 0 |
this agreement applies only to your use of the service . | 0 |
the company has not reviewed , has no control over , nor does it endorse , screen , promote or otherwise assume any responsibility for the content of third party websites or applications -lrb- `` third party services '' -rrb- , or to the information , advertisements , services , practices or other material contained on , or accessible through third party services , including without limitation third party websites to which hyperlinks are contained in the service . | 0 |
by using the service you hereby agree that the company shall not be responsible for any damage , claim or liability in connection with your use of any third party sites , including without limitation third party sites to which you have arrived via the service . | 0 |
accordingly , we strongly encourage you to become familiar with the terms of use , privacy policies and practices of any such third party services . | 0 |
the use of third party services is at your sole risk . | 0 |
this agreement is governed by and construed in accordance with the laws of the state of israel without giving effect to any principles of conflicts of law . | 1 |
you hereby agree that all disputes between you and the company -lrb- whether or not such dispute involves a third party -rrb- arising out of or in connection with your relationship with the company , including without limitation disputes related to the terms of this agreement or the privacy policy , your use of the service , and/or rights of privacy and/or publicity , will be finally settled by binding , individual arbitration under the rules of arbitration of the international chamber of commerce by one arbitrator appointed in accordance with the said rules . | 1 |
the emergency arbitrator provisions shall not apply . | 0 |
the place of arbitration shall be tel aviv and judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction . | 0 |
any provision of applicable law notwithstanding , the arbitrator will not have authority to award damages , remedies or awards that conflict with these terms of use . | 0 |
you may opt out of this arbitration agreement . | 0 |
to opt out , you must notify the company in writing within thirty -lrb- 30 -rrb- days of the date that you first become subject to this agreement . | 0 |
you must email us at [email protected] with the subject line : `` arbitration opt out '' and include in the body of your e-mail your name and residence address , your email address , telephone number , and a clear statement that you want to opt out of this arbitration agreement . | 0 |
if you do so , neither you nor the company can require the other to participate in an arbitration proceeding , however , both you and the company hereby expressly waive trial by jury . | 0 |
if permissible under such court 's rules , you may bring your claim in the israeli `` small claims '' court in tel aviv . | 0 |
you may bring claims only on your own behalf . | 0 |
neither you nor the company will participate in a class action or class-wide arbitration for any claims covered by this agreement . | 0 |
you hereby agree not to participate in claims brought in a private attorney general or representative capacity , or consolidated claims involving another person 's account in the service , if the company is a party to the proceeding . | 0 |
you hereby agree that any claim may have arising out of or related to your relationship with the company must be filed within one -lrb- 1 -rrb- year after from the arising incident ; otherwise , your claim shall be permanently barred . | 0 |
if you believe that anyone is abusing , or attempting to abuse the service , or breaching any of the terms in this agreement or in the privacy policy , please report this to us at : [email protected] . | 0 |
the company does not allow using the service or any of its features for intellectual property infringement . | 0 |
if you encounter what you believe to be a violation of your intellectual property rights in the service , please notify us via e-mail to : [email protected] . | 0 |
such notice -lrb- `` takedown notice '' -rrb- must include your full name , contact details -lrb- address and phone number -rrb- , a reasonably detailed description of the alleged infringement and adequate evidence of your right in the relevant ip -lrb- for example , trademark registrar certificate of a signed affidavit -rrb- . | 0 |
once adequate takedown notice is sent , the company will either remove the alleged infringement or put you in touch with the person responsible for it . | 0 |
if you receive notification from the company stating that a takedown notice was received regarding content or activity for which you are responsible , you may contend the takedown notice within seven days , in which case only will your contact details be given to the notice 's sender . | 0 |
if you repeatedly infringe third parties ' ip your access to the service may be restricted or blocked at the company 's sole discretion . | 1 |
assign rights , severability and waiver | 0 |
the company may assign its rights according to this agreement to any third party at its sole discretion . | 0 |
you may not assign or delegate your rights according to this agreement , without the company 's prior written consent . | 0 |
if any part of this agreement is deemed void , unlawful , or for any reason unenforceable or invalid , then that part shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions of the agreement . | 0 |
failure to assert , at any time , any right , or require performance in regard to this agreement by or on behalf of the company shall not constitute concession , yield , waiver or relinquishment of any sort , and shall not limit the company 's rights with respect to such breach or any subsequent breaches . | 0 |
a waiver of any breach of any provision of this agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this agreement . | 0 |
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