terms

.08.03

/ petter

Terms & Conditions For: ambadoo software, web, android & iPhone applications & services Last Updated: 2011-08-03 Version: 1.0 Welcome to ambadoo, a self-updating contact management system, that let you stay in touch with anyone, anywhere, anytime. The ambadoo service and network (collectively, “ambadoo” or “the Service”) are operated by ambadoo AB. and its corporate affiliates [...]

Terms & Conditions

For: ambadoo software, web, android & iPhone applications & services

Last Updated: 2011-08-03

Version: 1.0

Welcome to ambadoo, a self-updating contact management system, that let you stay in touch with anyone, anywhere, anytime. The ambadoo service and network (collectively, “ambadoo” or “the Service”) are operated by ambadoo AB. and its corporate affiliates (collectively, “us”, “we” or “the Company”). By accessing or using our web site at ambadoo.com or the mobile version thereof (together the “Site”) or by posting a Share Button on your site, you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not you are a registered member of ambadoo. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

The Short Version

Description of Service

The Service is a global and self-updatable address book that you can get access to anywhere and anytime.

Privacy Policy

All content uploaded to the Service is your own private property.

Registration and Termination

You are responsible to provide accurate and current information about yourself.

Limitation of Liability

ambadoo does not warrant that the Service will be uninterrupted or error or virus-free.

Indemnification

You agree to defend, indemnify and hold harmless ambadoo from and against any and all third party.

Mobile Services

ambadoo does not charge for these Mobile Services. Check with your carrier to find out what plans are available and how much they cost.

Disclaimers

ambadoo explicitly disclaims all warranties of any kind, whether stated or implied.

Copyright Complaints

ambadoo respects the intellectual property rights of others.

Violations

Report violations of  the Terms via the ambadoo support home page.

Changes in Terms

ambadoo reserves the right to modify the Terms at any time without prior notice.

Govering Law; Venue and Jurisdiction

All legal matters shall be interpreted in accordance with the laws in force in Sweden.

Intellectual Property

ambadoo retains all right, title and interest in the Service and in all ambadoo’s products, software and other properties.

The Long Version

Description of Service

The Service is a global and self-updatable address book that you can get access to anywhere and anytime.

ambadoo offers the ability to synchronise your contact details with people around you, with a central server operated by ambadoo. This synchronisation enables you a) to manage contacts from your phone, online on ambadoo.com, b) to share contacts from your phone or computer with others and use this content to connect to people around you, and c) create a backup of your contacts and restore this to new phones – collectively the “Service”. This Service is generally free. Some additional features, however, will be paid-for services. It will be specific and clear whenever you use a paid-for service and you will have to specifically agree to any such service. ambadoo can change which services are charged for with a 30 days notice announced in a clearly visible place at ambadoo.com.

Even though the Service in general is free to use, all rates from your mobile operator for uploading and downloading data (contacts, user data, pictures etc.) and sending messages still apply. It is your responsibility to check with your mobile operator to identify and evaluate these rates.

Privacy Policy

All content uploaded to the Service is your own private property.

ambadoo will not read, change, destroy or forward the contents of your account, unless entitled to do so by this Agreement or forced to do so by law, regulation or any extraordinary circumstance. ambadoo will not share with, sell or transfer any data or personal information provided to us through usage of the Service to any third party without prior and explicit consent.

By making content public on your profile you give an explicit consent to show the information chosen to the audience specified. Your first name, last name, country of origin stored in your own account profile is visible to the public by default.

You also agree that the Service cannot be used to store, upload, or publish any sensitive information about yourself such as matters of race, ethnic background, religion, philosophical conviction, health, sexuality, labor union membership, criminal offences, social problems and other strictly private issues.

Like most web sites, ambadoo uses cookies and web log files to track site usage. A cookie is a tiny data file which resides on your PC which allows ambadoo to recognize you as a user when you return to our site using the same PC and web browser.

As an effect of standards on the web, when you visit the ambadoo.com we automatically receive the URL of the site from which you came and the site to which you are going when you leave ambadoo. We also receive the Internet protocol (IP) address of your computer (or the proxy server you use to access the web), your computer operating system and type of web browser you are using, as well as the name of your ISP. This information is only used to analyze overall trends to help us improve the Service. The link between this information and your personally identifiable information is never shared with third-parties without your permission or except when required by law.

You are responsible for all activities that occur in your account and you agree to notify ambadoo immediately of any unauthorized account use. ambadoo is in no way responsible for any loss or damages that you may incur as a result of any unauthorized use of Your Account Information.

Registration and Termination

You are responsible to provide accurate and current information about yourself.

In consideration of your use of the Site, you agree to (a) provide accurate, current information about you as may be prompted by any registration forms on the Site (“Account Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Account Data, and any other information you provide to ambadoo, to keep it accurate, current; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Providing misleading information about your identity is forbidden.

You may terminate your account if you no longer wish to use the Service. After termination, you will no longer have access to the Service. ambadoo may terminate your account or restrict your access to certain parts of the Service if there is an indication that you have breached the Terms or with a prior notice if you have not signed into the Service in the past six 12 months.

Except as set forth in Privacy Policy, ambadoo shall not be responsible for any removal of the information or content you have submitted (“Material”) from the Service when your account is terminated.

After the Material is removed from the Service by either you or ambadoo, some traces of the Material may remain and copies of the Material may still reside within the Service, but will not be shared with third parties..

Limitation of Liability

ambadoo does not warrant that the Service will be uninterrupted or error or virus-free.

The Service is provided on “AS IS” and “AS AVAILABLE” basis. ambadoo does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.

Except for liability for death or personal injury caused by gross negligence or intentional misconduct, ambadoo shall not be liable for any direct, indirect, incidental, punitive or consequential damages caused by the use or inability to use the Service.

Indemnification

You agree to defend, indemnify and hold harmless ambadoo from and against any and all third party.

You agree to defend, indemnify and hold harmless ambadoo from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of the Terms, ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, iii) misuse of the Service by a third party where such misuse was made available by your failure to take reasonable measures to protect your username and password against misuse.

Mobile Services

ambadoo does not charge for these Mobile Services. Check with your carrier to find out what plans are available and how much they cost.

The Service includes certain services that are available via your mobile phone, including (a) the ability to update & edit your profile, (b) the ability to search & browse contacts locally on device or on ambadoo’s servers, (c) the ability to send & receive geo-locations, (d) the ability to initiate contact with other ambadoo users, (e) the ability to invite other people to ambadoo, (f) the ability to swap contact information with other ambadoo users, and (g) the ability to access certain ambadoo features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the “Mobile Services”).

We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding ambadoo and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your ambadoo account information to ensure that your messages are not sent to the person that acquires your old number.

Disclaimers

ambadoo explicitly disclaims all warranties of any kind, whether stated or implied.

The ambadoo service is owned and produced by ambadoo and its subsidiary and affiliate corporations, successors, and assigns. The ambadoo service is made available ‘as is’ and you agree to use it at your individual risk. ambadoo explicitly disclaims all warranties of any kind, whether stated or implied.

Without limitation, you are not offered any warranty that the ambadoo service will meet your requirements, that it will be continuously available, timely, free of errors, that the results achieved from the use of the ambadoo service will be correct or reliable, or that the quality of any products, services, information, or other material achieved during the use of the ambadoo service will meet your expectations.

Any material downloaded or otherwise obtained through the use of the ambadoo service is done at your individual risk, and you will be individually responsible for any damage to your computer system or loss of data resulting from the use of the service.

ambadoo gives no guarantees concerning the different sites and information located worldwide throughout the Internet, which you may access as a consequence of the use of the ambadoo service. This also includes: the correctness, currency, content, or quality of any type of site and information, or whether any search using the ambadoo service may give access to unintended and offensive content.

Please note that no advice or information obtained by you from the ambadoo service personnel or through the service of the ambadoo service shall generate any kind of warranty, unless it is explicitly provided in these Terms and Conditions. In no event shall ambadoo’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any materials or products.

Copyright Complaints

ambadoo respects the intellectual property rights of others.

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the ambadoo website or service any materials that violate another party’s intellectual property rights. If we receive proper Notification of Alleged Copyright Infringement as described in our ambadoo Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our ambadoo Copyright Policy for more information on how to report infringement of your copyright.

Violations

Report violations of  the Terms via the ambadoo Support home page.

Please report any violations of the Terms of Services via the ambadoo home page.

Changes in Terms

ambadoo reserves the right to modify the Terms at any time without prior notice.

ambadoo reserves the right to modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, ambadoo will provide a separate prior notice advising of such change. You are responsible for regularly reviewing the Terms. Your continued use of the Service shall constitute your consent to any changes and modifications.

Govering Law; Venue and Jurisdiction

All legal matters shall be interpreted in accordance with the laws in force in Sweden.

All legal matters arising from or related to the use of the ambadoo service shall be interpreted in accordance with and all questions with respect to that shall be determined by the laws in force in Sweden applicable to contracts entered into and wholly to be performed within Sweden, unless it has been explicitly declared to the contrary somewhere else.

Intellectual Property

ambadoo retains all right, title and interest in the Service and in all ambadoo’s products, software and other properties.

The Service and related software are protected under international copyright laws and you are hereby notified that copyrights are claimed by ambadoo. Subject to the Terms, ambadoo retains all right, title and interest in the Service and in all ambadoo’s products, software and other properties provided to you or used by you through the Service.