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Mobile Angel Terms Of Service |
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Mobile Angel™ web site www.mobile-angel.com, ("Site") is owned and operated by AtlasCT - Atlas Cartographic Technologies Ltd. ("AtlasCT").
The graphics included in the Site, including but not limited to toolbars, templates, screens ("Graphics"), the service included in the Site, including but not limited to, address finding, routing, positioning, points of interest ("Service"), and the data included in the Site, including but not limited to maps, databases, layers of information ("Data"), are provided for your personal use only and not for resale.
Services included in the Site, including but not limited to online mapping packages provided in return to payment for businesses that want to integrate mapping services on their websites ("Business Services"), are provided for the business use only and not for resale.
They are protected by copyright and trademark, and are subject to the following terms and conditions which are agreed to by you, on the one hand, and AtlasCT and its licensors (including their licensors and suppliers) on the other hand.
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TERMS AND CONDITIONS
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Personal Use Only:
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You agree to use this Service together with AtlasCT for the solely personal purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy the Data of this Service only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
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Restrictions:
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Except where you have been specifically licensed to do so by AtlasCT, and without limiting the preceding paragraph, you may not (a) use this Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, smart phones, palmtop and handheld computers, pagers, and personal digital assistants. You are allowed to use Mobile Angel™ web site service only in communication with the Mobile Angel™ Mobile client provided by AtlasCT.
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Age of Use:
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Our Business Services, under trial as well as paid subscription are not available to children (persons under the age of 18). If you are under the age of 18, you can use these Business Services only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use these Business Services. AtlasCT complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 18. By registering for the Business Services, you represent and warrant that you are 18 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a customer of AtlasCT. Creating a customer account under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Business Services and such accounts will be terminated by AtlasCT.
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Registration:
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Our Business Services on the Site are available via a registration process. As part of this registration process, you will be asked to provide personal information and select a password. You will be responsible for all activities occurring under your account and for keeping your password secure. We may refuse to grant you an account if your personal information impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. By using the Business Services, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information. The information that you compose upon registering for the Business Services must describe you, an individual person. Examples of inappropriate information include, but are not limited to, information that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you. If you wish to view or change your information, you can do so by moving to the My Account screen found under the Business Services tab of the Site.
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Content changes:
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You acknowledge that the Service contains information including but not limited to Data, Graphics, presentations (audio and video clips), links and other material ("Content"). AtlasCT reserves the right to delete, move or edit any Content (including Content posted in any interactive area of the Service) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. However, AtlasCT does not and cannot review all of the Content posted by its suppliers on the Service and is not responsible for such Content. You shall remain solely responsible for the use of the Content. Although AtlasCT reserves the right to remove any offending Content on the Service, you understand and agree that you nonetheless may be exposed to such material and that you further waive your right to any damages (from any party) related to such exposure. Additionally, AtlasCT shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion. Historical data and log of events collected by the service may be removed from the data base without any notice.
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No Warranty:
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This Service is provided to you "as is," and you agree to use it at your own risk. AtlasCT and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Service, or that the Service or server will be uninterrupted or error-free. AtlasCT provides no guarantees to the accuracy of the location information collected from mobile clients. The service sends alerts according to the information collected by the system, which can be incomplete. It is possible that alerts triggered by the user or the system will not be sent to the users, or may be sent with delay.
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Disclaimer of Warranty:
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ATLASCT AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
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Disclaimer of Liability:
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ATLASCT AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF ATLASCT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Disclaimer of Endorsement:
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Reference to any products, services, processes hyperlinks to third parties or other Service by trade name, trademark, manufacturer, and supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by AtlasCT or its licensors. Product and service information are the sole responsibility of each individual vendor. The name and logo, and other trademarks and trade names owned by AtlasCT may not be used in any commercial manner without the prior written consent of AtlasCT.
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Export Control:
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You agree not to export from anywhere any part of the Service provided to you or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations.
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Indemnity:
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You agree to indemnify, defend and hold AtlasCT and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use or possession by you of this Service.
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Map Information:
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You may not delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing in map information. Due to the diverse sources of information, the complexity of processing all the information gathered and the difficulty of mass-verification of sources, you must use the results with all possible caution. AtlasCT cannot be held responsible for indirect loss, loss of business, loss of customers, commercial damage, commercial problems of any description whatsoever, loss of profit or damage to commercial reputation that could result from use of this Site. AtlasCT is meticulous about compiling and updating the information in its database.
However, since AtlasCT does not control the sources of all the information it collects, it cannot guarantee that the database is either error-free or exhaustive.
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Trial:
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AtlasCT has provides a 14-day trial for the Mobile Angel™ service. If, for whatever reason, you are not satisfied with our Business Services within 14 days of the trial, you are not required by any way to subscribe to the paid service. We encourage you to provide feedback and tell us about your experience as a user of the service.
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Paid Subscription:
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After the trial period is over, you can subscribe to Mobile Angel™ service via PayPal™. The subscription is renewed automatically every month ("Billing period"). You can cancel your subscription by pressing the cancel button under package & subscription page in "My Account" screen.
For each billing period your service package includes a bucket of SMS alerts which is renewed. You can purchase an additional, non-renewable SMS package that will be consumed only when the basic package of SMS has been exhausted.
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Entire Agreement:
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These terms and conditions constitute the entire agreement between AtlasCT (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
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Governing Law:
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The above terms and conditions shall be governed by the laws of the state of Israel, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the court house of Tel-Aviv County in Israel, for any and all disputes, claims and actions arising from or in connection with the Service provided to you hereunder.
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Terms and Conditions Changes:
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This Terms and Conditions Statement is effective as of August 1st, 2010. AtlasCT may change this Statement from time to time, for any reason, without notice. We recommend that visitors to this Site re-visit this Statement on occasion to learn of updates and changes to our policy. This Statement is not intended to and does not create any contractual or other legal rights in or on behalf of any party.
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