The following YagattaTalk Terms of Service and Privacy Policy (which can be found at http://www.yagatta.com/talk/privacy) (collectively the “Terms”) form a legally binding contract between you and Qualcomm iSkoot, Inc. (“iSkoot”). These Terms govern your access to and use of the YagattaTalk websites, mobile applications, products and services (collectively, the “Service”).
IN ORDER TO USE THE SERVICE, YOU MUST AGREE TO THESE TERMS. PLEASE READ THEM CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS. IN ORDER TO INSTALL AND USE THE YAGATTATALK APPLICATION ON YOUR DEVICE, YOU MUST CLICK “ACCEPT” WHERE INDICATED ON YOUR DEVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “ACCEPT” AND DO NOT USE THE SERVICE. iSKOOT MAY SUSPEND OR TERMINATE YOUR USE OF THE SERVICE IF YOU FAIL TO COMPLY WITH ANY PART OF THESE TERMS.
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.
1. YagattaTalk Service
The Service allows you to send and receive information, communications, text, graphics, and other materials (collectively, “Content”) from your device. To use the Service, you must download a software application to your device. During the application installation, you will be asked to confirm certain permissions that are required in order to enable the Service. These permissions are part of the architectural design of the Android platform. In order to access and use the features of the Service, you acknowledge and agree that you will need to provide iSkoot with your phone number, as well as the phone numbers of third parties with whom you wish to use the Service. When providing your phone number, you must provide accurate and complete information. You hereby give your express consent to iSkoot to use the phone numbers you provide as part of the Service. You must not use another person’s phone number without their permission.
2. Your License to Use the Service
Subject to and conditioned upon your compliance with these Terms, iSkoot hereby grants you ONLY, and you accept, a nonexclusive, nontransferable, revocable license to use the Service, only as authorized in these Terms, for your personal and non-commercial use. Your limited right of use will automatically expire upon the termination or cancellation of these Terms, by either party, for any reason.
The Service is available for your use in the United States of America. iSkoot makes no representation that the Service is available or appropriate for use in other locations. If you choose to access or use the Service from other locations you do so at your sole risk and you are responsible for complying with all applicable local use controls, laws and regulations.
iSkoot does not guarantee receipt of messages or other communications sent using the Service and iSkoot is not responsible for any lost or misdirected messages or other communications sent using the Service. iSkoot does not encrypt messages or other communications sent using the Service and iSkoot is not responsible for any security or security breaches of messages or other communications sent using the Service.
3. Your Responsibilities
You are solely responsible for your use of the Service, including without limitation Content you send or receive, and any consequences resulting from your use or distribution of such Content or any other party’s use of or reliance on such Content. You acknowledge and agree that you may receive Content from other users through the Service and that iSkoot has no responsibility to you for such Content. iSkoot shall have no obligation to create, monitor, examine or inspect the Content delivered to or sent by you through the Service. iSkoot merely provides a platform for the transmission of Content to and from your device, and is not responsible for such Content's accuracy or reliability. The 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 Content. You must identify sexually explicit Content and/or Content that would reasonably be expected to be offensive to others in a manner sufficient to give the recipient notice of the nature of such Content prior to viewing it.
You must notify iSkoot immediately of any breach of security or unauthorized use of your device enabled to access the Service. You are responsible for any unauthorized use of your account and you may be liable for the losses of iSkoot or others due to such unauthorized use.
You may not use the Service to transfer Content which may reasonably be deemed to be: (1) Infringing or violating intellectual property, proprietary rights, or confidentiality of other parties, including patents, copyrights, trademarks, service marks, trade secrets, property, privacy, publicity and other similar rights; or (2) Publicly 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 offense, under the applicable laws; or, (4) Prohibited by any applicable law, including court restraining orders; or, (5) Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable; or (6) Violating these Terms.
4. Restrictions on Your Use
You shall not use or access the Service by any means other than through the YagattaTalk software application that you downloaded from the Android Market. You shall not rent, lease, loan or otherwise in any manner provide or distribute the YagattaTalk software application or any copy thereof to any third party. You will not, nor will you attempt to, misappropriate any data or information (including users’ personal information) from the Service; disrupt the functioning of the Service; gain access to computer systems, servers, or networks connected to the Service; or otherwise act in a manner that interferes with iSkoot’s operation of the Service or with the use of the Service by others. You shall not modify any software licensed to you in any manner or form, nor use any such software that has been modified by someone other than iSkoot or its authorized agent or representative, in order to obtain unauthorized access to the Service or for any other purpose. You shall not attempt to, or encourage or assist another person to, decompile, reverse engineer, disassemble, remove, alter, circumvent, or otherwise tamper with any security technology, software, or rights management information contained within the Service or in any software used to enable the Service. You shall not modify or remove any copyright, trademark or other proprietary rights notice on any software or other materials contained within the Service. You shall not access or use the Service to submit or transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature or to send any commercial solicitation or spam (whether commercial in nature or not). You shall not exploit the Service in any unauthorized way whatsoever, including, without limitation, by trespass or burdening server or network capacity or Service infrastructure (including transmitting files containing viruses, corrupted files, spyware, adware, or any other software or programs, or deploying “spiders,” “web-bots,” “screen-scrapers,” or “web crawlers” that may damage or adversely affect server or network capacity or Service infrastructure). You may face civil or criminal liability, including substantial fines and penalties, for any violations of system or network security.
5. Permission to Use Content
You affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and to authorize iSkoot to use all proprietary rights, including any trademark, trade secret, copyright or other rights, in and to any and all Content sufficient to enable use of the Content in the manner contemplated by the Service and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content (including any metadata stored therein) to use the name or likeness of such identifiable individual person(s) to enable use of the Content in the manner contemplated by the Service and these Terms. By submitting Content to iSkoot, you hereby grant iSkoot a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service.
iSkoot reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content for any reason. iSkoot has no obligation to retain your Content, nor does iSkoot guarantee any confidentiality with respect to your Content.
6. Privacy Policy
The Privacy Policy for the Service is available at: Privacy Policy. It explains iSkoot's privacy practices and is incorporated by reference into these Terms. The terms of the Privacy Policy may change from time to time and therefore it is recommended that you read it periodically.
7. Links to Third Parties
The Service and/or Content may include links to other websites (each, a “Third Party Site”). iSkoot does not control or endorse any Third Party Site, and you agree that iSkoot is not responsible for the availability, content, privacy policies or practices of such Third Party Sites. By using the Service, you expressly acknowledge and agree that iSkoot shall not be responsible for any damages, claims or other liability arising from or related to your use of such Third Party Sites.
8. Right to Suspend or Terminate Service
iSkoot may at any time without notice modify, update, suspend, or discontinue the Service, and iSkoot will not be liable to you or to any third party should it exercise such right. iSkoot may also remove the YagattaTalk software application from your device at any time, in which case you will no longer have access to or use of the Service. Additionally, iSkoot may require you to download and install a new version of the YagattaTalk software application to your device; if you do not install such new version, your use of the Service may be suspended or terminated.
9. Modifications to Terms
iSkoot reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Service. The most current version of these Terms will be available at Terms of Service. In order to continue using the Service, you must accept and agree to the new or modified Terms. If you continue using the Service, you are deemed to have accepted the new or modified Terms. If you do not agree to the new or modified Terms, you must stop using the Service. iSkoot may terminate or suspend your ability to use the Service if you do not accept any new or modified Terms.
10. Term
These Terms are effective upon your clicking the "Accept" button on your device and will continue until terminated. These Terms terminate upon notice from iSkoot or will be deemed terminated immediately upon termination of the Service. In the event of termination you must delete the YagattaTalk software application from your device.
Notwithstanding any remedies that may be available under any applicable law, iSkoot may temporarily or permanently deny, limit, suspend, or terminate your license or your use of the Service, if iSkoot believes that: (1) you have abused your rights to use the Service; or (2) you have breached these Terms; 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; or (6) iSkoot, in its sole discretion, believes that it has insufficient rights to provide the Service.
11. Enforcement of Terms
iSkoot reserves the right to take steps that it believes are reasonably necessary or appropriate to enforce and/or verify compliance with these Terms.
12. Intellectual Property
All right, 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. You may not use the Service for any purpose or in any manner that violates these Terms or that infringes the rights of iSkoot or any other party. Any and all rights to the Service not expressly granted to you are hereby reserved by iSkoot and/or its licensors.
iSkoot is a trademark of Qualcomm iSkoot, Inc., registered in the United States and may be registered in other countries. Yagatta is a trademark of Qualcomm Incorporated and is used with permission by iSkoot. iSkoot grants you no right or license with respect to any of the foregoing trademarks, service marks, graphics or logos.
13. Patent Policy Statement
Neither these Terms, nor any act by iSkoot or its affiliates pursuant to these Terms or relating to the Service shall provide to you any license or any other rights whatsoever under any patents, trademarks, trade secrets, copyrights or any other intellectual property rights of iSkoot or its affiliates, and nothing herein shall limit iSkoot’s or its affiliates’ ability to assert their respective intellectual property rights. You understand and agree that these Terms do not grant any right to practice, or any other right at all with respect to, any patent of iSkoot or its affiliates. You agree not to contend in any context that, as a result of these Terms or the provision of the Service by iSkoot hereunder, either iSkoot or any of its affiliates has any obligation to extend, or you have obtained any right to, any license, whether express or implied, with respect to any patent of iSkoot or its affiliates for any purpose.
14. Third Party Software
Included with the aggregation of software to enable the Service, there may be software that is licensed and available to you which is subject to third party license agreements. To the extent that these Terms may conflict with or not include licenses or agreements governing your rights to that software, the agreement or license applicable to such third party software is covered by the terms of its applicable license or agreement. You may find these agreements and licenses in the “About” section of the YagattaTalk software application you have received or, in the alternative, these agreements and licenses may be posted in conjunction with the posting of these Terms.
15. Suggestions and Improvements
By sending any ideas, suggestions, questions, documents or proposals (“Feedback”) to iSkoot, you agree that (i) your Feedback does not contain (a) the confidential or proprietary information of third parties, (b) material that is obscene, threatening, libelous, unlawful, tortuous, harmful to children, or violative of third party privacy rights, or (c) harmful code, files, scripts, agents or programs, (ii) iSkoot is under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) iSkoot may have something similar to the Feedback already under consideration or in development, and (iv) you grant iSkoot an irrevocable, non-exclusive, royalty-free, perpetual, worldwide right and license to use, exploit, modify, publish, distribute, publicly display, create derivative works of and sublicense the Feedback.
16. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, iSKOOT EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE USE OF THE SERVICE OR ANY CONTENT OR INFORMATION DELIVERED BY OR SENT THROUGH THE SERVICE. THE SERVICE IS PROVIDED "AS-IS" 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 AND AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS. iSKOOT DOES NOT WARRANT OR GUARANTEE THAT THE USE OF THE SERVICE WILL NOT CAUSE ANY DAMAGES TO THE YOUR DEVICE OR TO ANY OTHER SERVICES PROVIDED TO YOUR DEVICE OR APPLICATIONS AND CONTENT THAT RESIDE ON YOUR DEVICE.
YOU AGREE AND ACKNOWLEDGE THAT THE USE, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SERVICE IS ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY 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 HARMFUL COMPONENTS, OR ERRORS, OR THAT THE SERVICE, CONTENT OR ANY INFORMATION PROVIDED BY YOU WILL BE IMMUNE FROM UNAUTHORIZED ACCESS OR USE.
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 CONTENT, INFORMATION OR DATA YOU RECEIVE THROUGH THE SERVICE WILL BE FREE FROM OBJECTIONABLE MATERIALS, TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, VIRUSES, WORMS, OR ANY OTHER DESTRUCTIVE PROPERTIES, OR THAT SUCH CONTENT, INFORMATION OR DATA WILL BE LEGAL OR NON-INFRINGING.
17. Limitation of Liability
iSKOOT, INCLUDiNG ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (THE “iSKOOT PARTIES”) WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, LOSS (INCLUDiNG LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES OR 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 USE OF OR RELIANCE ON CONTENT DELIVERED THROUGH THE SERVICE, OR FROM ANY COMMUNICATION WITH iSKOOT OR FROM ANY DENIAL OR CANCELLATION OF YOUR SERVICE, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT IN CONNECTION WITH THE SERVICE, REGARDLESS OF WHETHER iSKOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (COLLECTIVELY, “EXCLUDED CLAIMS”). IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS AND USE OF THE SERVICE. SHOULD THE FOREGOING LIMITATION OF LIABILITY BE DEEMED UNENFORCEABLE FOR ANY REASON, THEN IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF iSKOOT REGARDING ANY AND ALL EXCLUDED CLAIMS EXCEED AMOUNTS PAID BY YOU TO iSKOOT FOR THE SERVICE.
YOU SPECIFICALLY ACKNOWLEDGE THAT iSKOOT SHALL NOT BE LIABLE FOR CONTENT OR ANY CONDUCT (ILLEGAL, OFFENSIVE, DEFAMATORY, OR OTHERWISE) OF ANY THIRD PARTY AND THAT YOU ASSUME THE RISK OF HARM OR DAMAGE FROM ANY OF THE FOREGOING.
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR,” AS WELL AS ANY SIMILAR APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE EXTENT ANY SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS OF SERVICE, IN WHICH CASE THE iSKOOT’S PARTIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
18. Indemnification
You hereby agree to defend, indemnify and hold the iSkoot Parties and anyone acting on their behalf, harmless 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 these Terms. In such cases, you will reimburse iSkoot for any expenses, including court fees, attorney fees and the damages (actual and consequential), which iSkoot might incur.
19. Compliance with Export Restrictions
By downloading the YagattaTalk application and using the Service, you agree that you are solely responsible for complying with all United States export control regulations, including the Export Administration Regulations (“EAR”), and sanctions programs, including those administered by the United States Treasury Department’s Office of Foreign Assets Controls (“OFAC”), and all other applicable international trade regulations. You agree that you will not download or use such software without all required approvals in any proscribed destination (including Cuba, Iran, Libya, North Korea, North Sudan, and Syria), on behalf of any proscribed entity or person, for any proscribed end use, or in any other manner contrary to these export regulations and sanctions programs. By downloading or using such software, you represent, warrant and certify that you are not a proscribed end-user or utilizing this software for a proscribed end use under these regulations. This assurance shall survive the expiration or termination of these Terms.
20. 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.
21. Governing Law, Jurisdiction
These Terms 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. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Except as provided for in the notice of claimed copyright infringement section hereunder or with respect to any disputes or claims not subject to arbitration (as set forth below), 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 Diego, California.
You agree that, regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to use of the Service or these Terms within one (1) year after such claim or cause of action arose, or you shall be forever barred from filing such claim or cause of action.
To the fullest extent permitted by applicable law, you agree that any and all disputes, claims, and causes of action you may have in connection with or related to the Service will be resolved individually, without resort to any form of class action.
22. Arbitration
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU WILL BE REQUIRED TO SETTLE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE LIMITED. Any dispute relating to these Terms shall be submitted to binding arbitration in San Diego, California, except that iSkoot may seek injunctive or other relief from a court of competent jurisdiction if you have violated or threatened to violate any intellectual property rights. All matters relating to arbitration shall be governed by the Federal Arbitration Act. Arbitration shall be conducted in the English language by a single arbitrator under the then prevailing Consumer Rules of the American Arbitration Association ("AAA"). No award of exemplary, special, consequential or punitive damages shall be permitted. The arbitrator's award shall be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. An arbitration award and any judgment confirming it only applies to the arbitration in which it was awarded and can’t be used in any other case except to enforce the award itself.
These Terms do not permit class arbitrations even if AAA procedures or rules would. The arbitrator may award monetary or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. IF THIS PROHIBITION ON CLASS ARBITRATIONS IS DEEMED UNENFORCEABLE UNDER APPLICABLE STATE LAW, THEN THE ENTIRE ARBITRATION CLAUSE OF THESE TERMS SHALL BE DEEMED UNENFORCEABLE AND ANY CLASS CLAIMS SHALL BE BROUGHT AND ADJUDICATED IN A COURT OF COMPETENT JURISDICTION. IN NO CIRCUMSTANCE SHALL CLASS CLAIMS BE BROUGHT OR ADJUDICATED IN ARBITRATION. If there is a conflict between the Terms and any arbitration rules, the Terms shall control.
If you have a claim that arises from or relates to the Service or the enforceability of these Terms, before initiating, joining, or participating in any lawsuit, arbitration, or other legal proceeding, you shall give iSkoot: (1) a written notice of the claim (a “Claim Notice”), at least 30 days before initiating any such proceeding, explaining in reasonable detail the nature of the claim and any supporting facts; and (2) a reasonable good faith opportunity to resolve the claim without the necessity of a lawsuit, arbitration, or other legal proceeding. Any Claim Notice directed to iSkoot shall be sent to Qualcomm iSkoot, Inc., Attn: Legal Department, 5775 Morehouse Drive, San Diego, California 92121.
23. Notices
In connection with providing the Service, iSkoot may need to provide you with certain information and notices related to the Service which may be sent as a message to the phone number you have registered with the Service. These notices are considered part of the Service and you may not be able to opt-out from receiving them. Such notices will become effective immediately upon sending. You are responsible for any third party charges associated with such notices (e.g., data charges from your carrier). If you do not wish to pay such charges then you should not use the Service.
24. Interpretation
The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof.
25. Severability
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.
26. Assignment
Any attempt to sublicense, assign or transfer any of your rights, duties or obligations hereunder is void.
27. Entire Agreement
These Terms 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 these Terms. Any translation of these Terms is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of these Terms shall control. No course of dealing or usage of trade may be used to modify these Terms.
28. Notice of Claimed Copyright Infringement
If you believe that certain material 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 (identified below) 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. Within a commercially reasonable time after receipt of the written notification containing the information as outlined in 1 through 6 above, iSkoot shall remove or disable access to the material that is alleged to be infringing and forward the written notification to the alleged infringer and take reasonable steps to promptly notify the alleged infringer that iSkoot has removed or disabled access to the allegedly infringing material.
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.
After receipt of a counter notification containing the information as outlined in 1 through 4 above, iSkoot shall provide the complaining party with a copy of the counter notification within a commercially reasonable time and inform the copyright owner or designated agent that iSkoot will replace the removed material or cease disabling access to it within ten (10) business days. If iSkoot’s designated agent has not received notice from the copyright owner or his/her designated agent within ten (10) business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, iSkoot shall restore the allegedly infringing material.
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.
Notifications and counter notifications of claimed copyright infringement should be sent to Qualcomm iSkoot, Inc.’s designated agent at the following address. Please note that the copyright agent receives DMCA notifications only.
Qualcomm iSkoot, Inc.
Attn. Legal Department, Copyright Agent
5775 Morehouse Drive
San Diego, CA 92121-1714
Telephone Number of designated agent: (858) 845-1054
Facsimile Number of designated agent: (858) 845-1249
Email Address of designated agent: copyrightagent [at] qualcomm [dot] com