Hoolapp - End User License Agreement
[Last Updated June 02, 2013]
IronSource Ltd. and its affiliates (“IronSource” or “we“) welcomes you, HoolApp’s website and software users (“User” or “you“) to enjoy our HoolApp platform that enables you to download mobile application throughout your computer desktop to your mobile device (collectively the “Service“). These terms ("Terms" or "Agreement") govern your use of the HoolApp Services, all as stipulated herein.
BY ACCESSING AND/OR USING THE SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, PLEASE DO NOT USE THE SERVICES.
BY INSTALLING THE HOOLAPP SOFTWARE YOU ACKNOWLEDGE THAT THE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL CONTRACT BETWEEN DEALPLY AND YOU.
- IronSource reserves the right to amend, change and/or update these Terms from time to time. In case of any material change, we will make reasonable efforts to post a clear notice or announcement on the on the HoolApp website. Any modifications to these Terms are effective as of the stated “Last Updated” date herein above. Please note that your continued use of the Service after our “Last Updated” date shall constitute an acceptance of, and agreement to be bound by those revisions.
- 1. Definitions
"Applications" means software, firmware, programs, screen savers, ringtones, sounds (and beta, trial or upgraded versions of the foregoing) and all related data and services which are owned by IronSource and by third parties and are available for you to download on your Devices through Google Play or any other third party platforms.
"Software" means the HoolApp software which enables you to download mobile and desktop applications on your mobile device (“Device”) and computer desktop if applicable.
"Intellectual Property Rights" means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide.
"Website" means www.hoolapp.com.
- 2. User Information
You certify that you are at least 13 years of age to install and/or to use the Services. If you are between the age of 13 and 18 you represent that you have received permission from your parent/guardian to use the Website, install and/or to use the Software and related Services and/or to download Applications that are offered to you via the Platform.
- 3. The Service
The Software enables you to download Applications through your PC desktop directly to your mobile Device from Google play store ("Google Play"), enabled by Goolge Federated Identity services (for more information about this service you may check at: https://developers.google.com/accounts/docs/OpenID). By using the Services you agree that the Software will download Applications from Google Play on your behalf and through your personal Google account, as if the request has been made directly by you.
The Service further enables you to download various Applications from other third party platforms.
Downloading and using such Applications are governed by the terms and conditions of Google Play (available at: http://play.google.com/intl/en_ca/about/terms.html) or any other third party platforms, and Applications’ license agreements and privacy policies.
You further acknowledge that such Applications may be modified or removed by its publishers and/or respective rights owner and/or Google at any time.
Any questions or comments regarding, or problems with any of the Services can be sent to support@Hoolapp.com.
- 4. License
Subject to the terms and conditions of this Agreement, we hereby grant you a non-transferable, non-exclusive, limited license to download, install and use the machine readable object code version of the Software solely in compliance with this Agreement.
All rights not expressly granted in this Agreement are reserved by IronSourceand or third parties providers, as applicable.
You understand, acknowledge, and agree that IronSource is not responsible for the Applications and/or their functionality.
No license is granted to you to use, or allow other to use the human readable code, known as the source code, of products downloaded on your mobile Device, and no rights are granted with respect to any patents, copyrights, trade secrets, trademarks or any other rights in respect of the content downloaded on your Device.
- 5. Third Party License- Open Source Code
The Software is developed and owned by IronSource and\or any of its affiliates, subsidiaries and/or their respective suppliers and licensors. The Software also includes certain components and materials (“Open Source Materials”) of third parties (“Third Party Licensors”) licensed under certain licenses (“Open Source Licenses”).
Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable Open Source Licenses. You must review the Open Source Licenses to understand your rights under them. In the event that no such third party license agreements exist, the restrictions contained in this Agreement shall apply.
With respect to the Open Source Licenses, the following terms shall apply:
- You hereby acknowledge and agree that you will be licensing any Open Source Materials directly from the applicable Third Party Licensors, including the right to use such Third Party Materials in connection with the Software.
- In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail.
- Restrictions under this Agreement concerning modification, confidentiality and other provisions do not apply to such Open Source Materials.
- For now, Our Software uses only the MIT and BSD free Open Source License, attached are the Copyright Notices:
JQuery Open Source License: available here
Modernizr Open Source License: available here
JSON Open Source License: available here
Copyright (c) 2002 JSON.org
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
The Software shall be used for Good, not Evil.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE
mustache.js Open Source License: available here
The MIT License
Copyright (c) 2009 Chris Wanstrath (Ruby)
- 6. Service changes and Updates
You acknowledge and agree that the Service and the Applications downloaded or obtained through the Software may change or update from time to time without prior notice. IronSource reserves the right, but is not obligated, to pre-screen, review, flag, filter, modify, refuse or remove any or all Applications from the Software. However, you agree that by using the Software or Services you may be exposed to Applications that you may find offensive, indecent or objectionable and that your use of the Services is at your own risk.
We may require the updating of the Software on your Device when releasing new version, or when making new features available. This update may transpire automatically.
- 7. Offers
HoolApp may offer you, through its Services and to enrich and optimize your experience, new Applications, changes and upgrades and/or new versions of the Software and/or Applications, based on your personal preferences. By downloading and using the Software and/or Services you agree to receive such offers and promotions. You also agree that IronSource is not responsible for any of the suggested Applications and the download and installation of such products shall be governed by the Application’s terms and license.
- 8. User obligations
You represent and warrant: (a) to use the Services only for the purposes permitted by this Agreement and to use the Applications in accordance with their terms, and by any applicable law, regulation, or generally accepted practices or guidelines in any relevant jurisdiction; (b) not to engage in any activity that interferes with or disrupts the Software, the Services; (c) that you will not use the Software and/or the Applications in any manner that could damage, disable, overburden, or impair the Software and/or the Applications; (d) that you are the owner or an authorized user of the computer that the Software is installed on and of the Google Play Account you are using to download the Applications from; (e) that you are the owner or an authorized user of the Device that the Applications are installed on; (f) that you may install and use only one copy of each Application on your Device; (g) you will not modify the Applications for any reason, including but not limited to modifications to increase user volume or otherwise. Further, you will not use any device, process or computer program that increases, directly or indirectly, user volume of the Applications.
- You may transfer Applications to another mobile or computing Device owned by you provided that you only use this Application on one Device at a time, and only if such use is authorized by the Application's terms of service.
- 9. Account, Password and Security
To access or use the Services including downloading the Applications through the Services, you are required to make the following actions:
(a) You must have a Google Account, and you need to register your Google Play account. Note that you are responsible to maintain the confidentiality of your Google account; IronSource will not be liable to you or any third party for any loss or damage arising from or related to the use of your account.
(b) Have access to a Device.
(c) Provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile handset or other mobile access device that is suitable for use in connection with the Services. You are responsible to ensure that your equipment and/or software do not disturb or interfere with the Services.
- 10. Maintenance and Support; Updates.
You understand that your use of the Software and/or Services (including the use of the Applications) is at your own risk and that you are not entitled to any error corrections, updates, upgrades, bug fixes and/or enhancements, maintenance or support of the Software or any of the Applications. Without derogating the above, when installed on your Device, the Software periodically communicates with IronSource servers.
- 11. Third Party's Sites, Services and Applications
The Software allows you do download Applications and may link to certain sites and services owned by third parties or advertisements display by Third Parties ("Third Party Services"). IronSource does not investigate, monitor, review or endorse any of these Third Party Services and is not responsible for any of them or any terms and conditions that may apply to them.
Your communication or engagement with such Third Party Services is at your sole risk and is between you and the relevant third party.
- 12. Proprietary Rights
IronSource and its affiliates owns all rights, titles and interest in and to the Software and Services, including without limitation all applicable Intellectual Property Rights.
You agree that you will not, and will not allow any third party to (a) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software and/or the Applications; (b) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality, including without limitation, digital rights management or forward-lock functionality in the Software and any of the Applications; (c) use the Software and/or the Service to access, copy, transfer, trans-code or retransmit content in violation of any law or third party rights, or (d) remove, obscure, or alter Ironsouce's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Software and/or the Service.
IronSource respects third party’s intellectual property and proprietary right, therefore of you are aware of any infringement of such right, including but not limited, with respect to an Application, let us know at: firstname.lastname@example.org.
- 13. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES (INCLUDING ANY SITES, SERVICES OR APPLICATIONS AVAILABLE ON OR ACCESSIBLE THROUGH THE WEBSITE AND/OR SOFTWARE), IS AT YOUR SOLE RESPONSIBILITY AND RISK. THE WEBSITE AND/OR SOFTWARE AND/OR SERVICES (INCLUDING ANY SITES, SERVICES OR APPLICATIONS AVAILABLE ON OR ACCESSIBLE THROUGH THE WEBSITE AND/OR SOFTWARE) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, ACCURACY OR COMPLETENESS, SATISFACTORY QUALITY, AND QUIET ENJOYMENT, OR OTHER WARRANTIES OR CONDITIONS ARISING BY STATUTE, OPERATION OR LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE ARE HEREBY DISCLAIMED. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. IRONSOURCE AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER IRONSOURCE NOR ANY USER MAKES ANY WARRANTY THAT THE WEBSITE AND/OR SOFTWARE AND SERVICES (INCLUDING ANY SITES, SERVICES OR PRODCUTS AVAILABLE ON OR ACCESSIBLE THROUGH THE WEBSITE AND/OR SOFTWARE), WILL (1) MEET YOUR REQUIREMENTS, (2) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (3) HAVE ANY ERRORS CORRECTED. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO ANY WEBSITE AND/OR SOFTWARE AND SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF DOWNLOAD.
- 14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IRONSOURCE AND ITS SUBSIDIARIES AND AFFILIATES AND ANY THIRD PARTY SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SOFTWARE OR ANY APPLICATIONS DOWNLOADED OR OBTAINED THRGOUH THE SOFTWARE, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT IRONSOURCE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. NO ACTION MAY BE BROUGHT FOR ANY BREACH OF THIS AGREEMENT OR RELATING TO THE SERVICES MORE THAN SIX (6) MONTHS AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND IRONSOURCE.
- 15. Indemnifications
To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless IronSource, its affiliates, any third party and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or accruing from your use of the Services (including any sites, services or products accessible through the website and/or Software), or your violation of this Agreements.
- 16. Termination
This Agreement will continue to apply until terminated by either you or IronSource as set forth herein. If you wish to terminate this Agreement, you may do so by ceasing your use of the Services and Applications downloaded via the Software.
Upon the termination of this Agreement, you will discontinue all use of the Software and Services, These remedies are cumulative and in addition to any other remedies available to IronSource.
- 17. General
- If any provision of the Complete Terms is deemed invalid by court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect. No waiver of any term of these Complete Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Complete Terms shall not constitute a waiver of such right or provision.
- IronSource may change or update these terms from time to time at IronSource's sole discretion.
- 18. Changes to the Terms
As stated in the preamble, you acknowledge that IronSource may change the terms of this Agreement or provide revised or additional terms from time to time at IronSource's sole discretion. When these revisions are made, IronSource will make an updated version of this Agreement available on HoolApp’s Website. You understand and agree that if you continue to use the Website and/or Software and Services after the date upon which this Agreement has been revised or changed, IronSource will treat your use as acceptance of the updated Agreement.
For any questions or Additional Information you may contact us at: