PhoneCool

Terms of Service

Date modified: 12 February 2017	

Affiliate – an entity that Controls, is Controlled by, or is under common Control with the relevant entity.

App – a software application that can be installed on devices to provide the Service.

Agreement – these Terms and any amendments to them from time to time.

Content – All text, data, photos, videos, messages, graphics, comments, tags, or other materials.

Control – the legal power to control (directly or indirectly) the management of an entity (and "Controlled" will be construed accordingly).

Service – The functionality provided by us through the PhoneCool App, phonecool.com and related services.

Upgrade – new versions of, and updates to, the Service, whether for the purpose of fixing an error, bug or other issue in the Service or enhancing the functionality of the Platform.

By using our Service, you confirm that you have read, understand and agree to be bound by this Agreement. You should keep a copy of this Agreement for future reference. We will not file a copy specifically in relation to you, and they may not be accessible on our website in future. This Agreement is available in the English language only.

Children under the age of 13 are not permitted to use the Service.

You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service, or any of the areas of, or services on, the Service.

You must not use the Service: in any way that is unlawful, illegal, fraudulent or harmful; or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Service to store, host, copy, distribute, display, publish, transmit or send Content that is illegal or unlawful, or that will or may infringe a third party's legal rights, or that could give rise to legal action whether against you or us or a third party (in each case in any jurisdiction and under any applicable law). 

We or an Affiliate or a sub-contractor may apply Upgrades to the Service at any time.

Content must not depict violence in an explicit, graphic or gratuitous manner; pornographic or sexually explicit, or consist of or include explicit, graphic or gratuitous material of a sexual nature.

Content must not: be libellous or maliciously false; be obscene or indecent; infringe any copyright, moral rights, database rights, trade mark rights, design rights, rights in passing off, or other intellectual property rights; infringe any rights of confidence, rights of privacy, or rights under data protection legislation; constitute negligent advice or contain any negligent statement; constitute an incitement to commit a crime; be in contempt of any court, or in breach of any court order; be in breach of racial or religious hatred or discrimination legislation; be blasphemous; be in breach of official secrets legislation; or be in breach of any contractual obligation owed to any person.

You must not use the Service to promote or distribute any viruses, Trojans, worms, root kits, spyware, adware or any other harmful software, programs, routines, applications or technologies. You must not without our prior written permission use the Service for any purposes related to marketing, advertising, promotion, or the supply and/or sale of goods and/or services. Content must not constitute spam. You must not use the Service to transmit or send unsolicited commercial communications. You must not use the Service to market, distribute or post chain letters, ponzi schemes, pyramid schemes, matrix programs, "get rich quick" schemes or similar schemes, programs or materials.

You must not submit any Content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service without our express written consent.

You must not link to any website or web page containing material that would, were it posted on the Service, breach any part of this Agreement.

We do not actively monitor Content. If you become aware of any Content on the Service that contravenes this Agreement, please contact us.

All Content is the sole responsibility of the person from whom such Content originated. You, and not us, are entirely responsible for all Content that you make available through the Service. We do not control the Content posted and we do not guarantee the accuracy or integrity of such Content.

We reserve the right to disable any Content in our sole discretion for any reason, without notice or explanation. Without prejudice to this general right and our other legal rights, we may:  disable any of your Content; send you one or more formal warnings; temporarily suspend your access to a part or all of the Service; and/or permanently prohibit you from using a part or all of the Service.

Nothing in this Agreement will: limit or exclude the liability of a party for death or personal injury resulting from negligence; limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; limit any liability of a party in any way that is not permitted under applicable law; or exclude any liability of a party that may not be excluded under applicable law.

We will not be liable for any damages including but not limited to of any loss of profits, income, revenue, use, production or anticipated savings. We will not be liable for any loss of business, contracts, commercial opportunities, or loss of or damage to goodwill or reputation. We will not be liable in respect of any loss or corruption of any data, database or software.

We will not be liable for any statements or conduct of any third party using the service, or any loss or damage of any kind incurred as a results of your use of the Content on the Service. By using the Service you may be exposed to Content that is erroneous, indecent, objectionable or offensive.

We will not be liable in respect of any special, indirect or consequential loss or damage.

Notwithstanding the above, if we are determined to be liable by a competent authority then our liability in relation to any event or series of related events will not exceed the greater of: (a) £50, and (b) the total amount paid and payable by you to us under this Agreement during the 12 month period immediately preceding the event or events giving rise to the claim. Our aggregate liability will not exceed the greater of: £100, and the total amount paid and payable by you to us under this Agreement.

You agree to indemnify and to keep us indemnified against all liabilities, damages, losses, costs and expenses (including legal expenses and amounts paid in settlement of any disputes) suffered or incurred by us made by any third party arising as a result of Content you post, submit, transmit or otherwise make available on the Service.

All Content uploaded to the Service is copyright the respective owners.

You retain all ownership rights to the Content you upload. However, by submitting Content to the Service, you hereby grant us 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 and our (and our successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under this Agreement.

You must not copy or save another user's Content from the Service and upload to other sites for redistribution or for any commercial purpose.

If you use any part of the Service that requires payment, you will need to pay us in advance as set out in the payment page within our App or on our web site. We will issue a receipt to you. Any applicable VAT will be included in the amount you pay.

If you do not pay amounts that are due we may suspend the Service to you. If we have provided the Service but payment is not forthcoming or cancelled, then we may apply any or all of our statutory rights to recover the payment (plus reasonable costs and interest) from you.

Various money-back guarantee periods for Services may be available, as set out in our App or on our web site from time to time.

Nothing in the Agreement will constitute a partnership, agency relationship or contract of employment between the parties.

Content may only be accessed by the user identified by the email address used when the account was created. You may not sub-license your right to access and use our Service or allow any unauthorised person to do so. You must not frame, re-publish, or re-distribute the Service.

For the avoidance of doubt, you have no right to access the object code or source code of the Service. All Intellectual Property Rights in the Service shall, as between the parties, be our exclusive property.

If a Clause of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of the Agreement will continue in effect.  If a Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect unless that would contradict the clear intention of the Agreement, in which case the entirety of the relevant Clause will be deemed to be deleted.

We may change the Agreement by posting the new version on our web site. You can reject the changes by terminating your subscription and/or access to our Services. If you continue to use the Service then you are bound by the new Agreement.

In the Agreement, a reference to a statute or statutory provision includes a reference to: that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and any subordinate legislation made under that statute or statutory provision.

The Agreement and any legal matters between you and us will be governed by and construed in accordance with the laws of England and Wales; and the courts of England will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with us.

MAS Software Ltd