Guardians App Ltd., (the “Company”, “we”, “our” or ”us”) welcomes you (the “User(s)” or “you”), to use our mobile application (the “App”), which was designed to assist Users with increasing their sense of personal safety. Each of the App’s Users may use it in accordance with the terms and conditions hereunder.
- Acceptance of the Terms
IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU DO NOT POSSES THE LEGAL CAPACITY TO ENTER INTO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE APP AND/OR THE SERVICES IN ANY MANNER, DO NOT INSTALL THE APP AND/OR PROMPTLY UNINSTALL THE APP FROM YOUR DEVICE.
The App and/or Services are available only to individuals who (a) are at least eighteen (18) years old and possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law; or (b) individuals that are under the custody of legal guardians who their guardians meet the requirements under sub section (a) and have approved and accepted the Terms on their behalf. You hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the App and/or Services in accordance with these Terms, and to fully perform your obligations hereunder.
It is hereby clarified that children of all ages may use the App if enabled by a parent or a legal guardian. If you are under 18, you must have your parent or legal guardian’s permission to use the App. Please note that certain features of the App may require registration and/or the payment of certain fees, and as such we reserve the right to impose, in our discretion, age restrictions on certain features use of the App or otherwise require explicit parental consent or proof of age in order to allow access to our App.
If you are a parent or a legal guardian of a User under the age of 18, by allowing your child to use the App, you are subject to these Terms and responsible for your child’s activity on the App.
- The Services
IT IS HEREBY CLARIFIED THAT THE APP AND/OR SERVICES DO NOT INTEND TO REPLACE ANY EMERGENCY SERVICES. THE COMPANY REQUIRES EACH USER TO COMPLY TO ANY APPLICABLE LAW AND TO AVOID GETTING INTO A DANGEROUS, VIOLENT, OR SUSPICIOUS SITUATIONS. IN ANY CASE OF EMERGENCY OR IN CASE YOU FEEL UNSAFE OR HARRASED, YOU MUST IMMEDIATELY CONTACT APPLICABLE EMERGENCY SERVICES WHICH OPERATE AT YOUR AREA. WE CANNOT GUARANTEE THAT THE APP AND/OR SERVICES WILL PREVENT ANY ASSAULT AND/OR MAKE YOUR ENVIROMENT SAFER WHATSOEVER.
The App was designed to assist Users with increasing their sense of personal safety by providing Users with three circles of defense: (i) family and peers Users (which the User will select and define from his contacts) (the “Family Guardians”); (ii) community members Users (which are all other Users, who downloaded the App and chose to become ‘guardians’ for other Users in their region on a voluntary basis by offering their assistance with incidents and situations that require their presence at the scene) (the “Community Guardians”); and (iii) premium control center (which is provided via the App by a third party, and is subject to certain payment, as further detailed in Section 7 below) (the “Control Center Guardian”), (all the above shall be collectively referred to as “Guardians”). By activating the App, the Guardians are expected to receive alert messages that may indicate that an emergency event occurred, and their intervention, assistance and/or arrival is required.
By registering and creating an Account (as further detailed below) the User shall select and define several factors, such as: (i) the circles of defense that the User is interested in; (ii) the dangerous zones or certain time frames according to the user preference and situation; (iii) to the extent relevant, the User’s Family Guardians; and (iv) the emergency events that will require the arrival, intervention and assistance of the User’s Guardians (such as dangerous zones or certain time frames selected by the Users).
In addition, the App offers an ‘auto guardian’ service which, according to the User’s settings, will be activated automatically when the User enters into zones that were defined by the User as dangerous zones, and will urge the User to approve his/her safety via notification messages. By approving their safety, the User will deactivate the auto guardian service. If no deactivation is made by the User, an alert will be sent to the circle of defense that was selected by the User.
In order to effectively manage the assistance given by the Guardians, the App provides the following: (i) live-chat service for the interaction of the Users and the Guardians of a specific emergency event, which will be available for the User from the time such emergency event was activated by the User and until (a) the User deactivate such emergency event; or (b) twenty four (24) hours from the activation of the emergency event (the “Chat”); and (ii) Users who are exposed to violent and/or dangerous incidents, may use our report form that is available on the App to upload certain materials regarding such incident (including without limitation, data, information, links, videos, photos, files, texts, etc.) and share such materials with the Company, the Users of a specific emergency event and/or, the Control Center Guardian (the reports together with the content included therein shall be collectively referred to as, “Community Reports“).
The App includes, inter-alia, an overview of, and news regarding the Company and the services, our proprietary content, such as information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, the Chat and other features obtained from or through the App and/or Services (collectively, the “Content”).
The App may include the sending of push-notifications, messages, emails, alerts via various means of communication. You hereby agree to receive such push notifications, and acknowledge that you may opt-out from receiving such push notifications at any time by changing the settings on your device or through the App.
(collectively as the “Services”).
IT IS HEREBY CLARIFIED THAT THE COMPANY OPPOSES ANY VIOLENT, FRAUDULENT, MALICIOUS, AND OFFENSIVE ACTIONS AND/OR ANY ACTION THAT VIOLATES APPLICABLE LAW.
ALL RIGHTS IN AND TO THE APP AND/OR THE CONTENT AVAILABLE THEREIN (OTHER THAN THE USER GENERATED CONTENT), ARE RESERVED TO THE COMPANY OR ITS LICENSORS.
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS, AND THE COMPANY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY.
THE COMPANY ACTS SOLELY AS THE OPERATOR OF THE APP AND AN INTERMEDIARY BETWEEN THE USERS AND THEIR CIRCLES OF DEFENSE AND ASSUME NO RESPONSIBILITY FOR ANY COMMUNICATION CONDUCTED BY THE USERS AND THE GUARDIANS. IT IS HEREBY CLARIFIED THAT (I) THE COMPANY IS NOT REQUIRED TO VERIFY THE IDENTITY OF THE GUARDIANS OR ASSESS THEIR CREDIBILITY AND SUITABILITY FOR VOLUNTEERING; (II( EMERGENCY EVENT SHALL BE DETERMINED BY THE USERS AT THEIR SOLE DISCRETION AND AT THEIR OWN RISK, AND THE USERS SHALL BE SOLEY RESPONSIBLE FOR THE CONSEQUENCES OF SUCH DETERMINATION; (III) ANY ASSISTANCE, INTERVENTION AND THE HANDLING OF THE EMERGENCY EVENTS ARE PROVIDED AT THE GUARDIANS’ OWN DISCRETION; AND (IV) ANY DECISION MADE OR ACTION TAKEN BY THE USER (INCLUDING THE GUARDIAN) BASED ON OR IN CONNECTION WITH THE SERVICES AND/OR THE CHAT AND/OR THE CONTENT AND/OR ANY INTERACTIONS THE USER MADE WITH THE GUARDIANS AND OTHER USERS, ARE AT THE USER’S (INCLUDING THE GUARDIAN) SOLE RESPONSIBILITY AND LIABILITY.
PLEASE NOTE: THE APP IS CURRENTLY IN ITS BETA VERSION AND IS UNDERGOING BETA TESTING. THEREFORE, THE APP MAY SUFFER DISRUPTIONS, MAY CONTAIN BUGS AND MAY NOT OPERATE AS DESIGNATED OR INTENDED. YOUR USE OF THE APP CONSTITUTES YOUR AGREEMENT TO PARTICIPATE IN THE APP BETA TESTING.
THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP AND/OR THE CONTENT AND/OR THE SERVICES.
- User Generated Content (Chat and Community Reports)
The App provides platform that enables the Users to interact with each other regarding a specific emergency event, via the Chat, and to upload and make available the Community Reports. The Community Reports and any content provided via the Chat may be considered as the Users own copyrightable materials (such as, text materials, images, photos, videos and any other proprietary materials) (collectively, the “User Generated Content”). You are solely responsible for your use of such platform at your own risk.
Please be sure that while you use the App and the Services, you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content. THE COMPANY WILL NOT BEAR ANY LIABILITY FOR ANY LOSS, DAMAGE, COST OR EXPENSE THAT YOU MAY SUFFER OR INCUR AS A RESULT OF OR IN CONNECTION WITH UPLOADING ANY USER GENERATED CONTENT.
As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You understand and agree that you are solely responsible for your User Generated Content and the consequences of uploading, sending or receiving such User Generated Content, through the use of the App and Services, in any way.
You represent and warrant that you are the rightful owner of the User Generated Content you upload through the use of the App and Services or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party’s intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).
You agree that you will upload only the User Generated Content necessary for the effective management of the emergency and that your User Generated Content will not contain content which (i) is unlawful for you to possess, post or upload in the country in which you are resident; (ii) would be unlawful for the Company to use or possess in connection with the App and/or Services; and/or (iii) is falsehood or fraudulent, or promotes or induces illegal activity.
The Company has no obligation to screen, edit or monitor any of the Community Reports, and its explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any Community Report at any time and for any reason, and you are solely responsible for creating backup copies of your Community Reports at your sole expense. Without derogating from any of the foregoing, the Company may, at its sole discretion, (i) suspend, limit or reject requests to upload Community Reports, at any time; and (ii) create limits on the use of the Services including limitation on size and storage space available for Users to upload Community Reports.
When the User upload or make available any User Generated Content, the User grant to (i) the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, display, copy, create derivative works of, the User Generated Content in order to provide the Services and/or for any purpose deemed necessary, at the Company’s discretion, in order to enhance the Users’ safety; and (ii) each User a non-exclusive and royalty-free license to access the User Generated Content solely for managing and handling the specific emergency event. You are prohibited from (i) disclosing, making available or publish the User Generated Content with any third party (including by publishing on any social media platform); (ii) sharing the User Generated Content shared by other Users with any third party; and (iii) from using such User Generated Content for a commercial purpose or any purpose other than for managing and handling the specific emergency event.
COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT UPLOADED, POSTED, PUBLISHED AND MADE AVAILABLE ON THE USER’S BEHALF THROUGH THE SERVICES (INCLUDING WITH RESPECT TO THE ACCURACY OF THE USER GENERATED CONTENT), FOR ANY USE OF THE COMMUNITY REPORT BY THE CONTROL CENTER, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS THE COMPANY LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS OR OBSCENITIES THE USER OR ANY OTHER THIRD PARTY MAY ENCOUNTER VIA THE APP AS PART OF THE USER GENERATED CONTENT AND HAS NO CONTROL OVER THE USE AND EXPLOITATION OF THE USER GENERATED CONTENT BY OTHER USERS OF THE APP.
- Misconduct and Copyright Violation
The Company respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you believe that any Content in the App (including User Generated Content) is violating your privacy rights and/or is inappropriate or offensive, please report us at: firstname.lastname@example.org and provide us the following information in writing: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim 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 sufficient to permit the Company to locate the material; (iv) information so that the Company can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
The Company has the sole discretion to restrict and/or terminate access to the App to Users who are deemed to be repeat infringers of third party’s copyright works or Users who acted inappropriately as specified above.
- Special provisions regarding Family Guardians and Community Guardians
Each Family Guardian will receive an invitation from the relevant User to download and use the App for such purpose. Users may add or remove Family Guardians from their Family Guardians list on the App and Family Guardians may remove themselves from such list, at any time and at their sole discretion. In addition, Users may sign up to volunteer as a Community Guardian for other Users.
Guardians must act in accordance with all applicable laws and regulations and take applicable steps to avoid any use of force and/or any dangerous incidents while assisting other Users. In any case which Guardians choose to assist other Users, they do so at their own discretion and accept full responsibility for the results of their decisions and actions.
It is hereby clarified that each Guardian (i) is an independent volunteer and is acting on his/her own behalf, (ii) is not and will not be considered as an employee or service provider of the Company nor be entitled to any benefits for such volunteering. For the avoidance of doubt, Guardians are not authorized to act on behalf of the Company or to bind the Company to any agreements or obligations.
THE COMPANY IS NOT REQUIRED TO VERIFY THE IDENTITY OF THE GUARDIANS OR ASSESS THEIR CREDIBILITY AND SUITABILITY FOR VOLUNTEERING. GUARDIANS TAKE FULL RESPONSIBLE FOR THEIR ACTIONS WHILE USING THE APP AND PROVIDING ASSISTANCE TO OTHER USERS, AND THE USE OF THEIR ASSISTANCE BY THE USERS ARE MADE AT THE USERS’ OWN RISK.
WITHOUT DEROGATING FROM THE FOREGOING, THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY LOSS, DAMAGES, HARM OR INJURY (INCLUDING ANY PHYSICAL INJURY) RESULTING FROM OR ARISING OUT OF THE ACTIONS OR OMISSIONS OF THE GUARDIANS AND/OR FROM THEIR INVOLVEMENT IN EMERGENCY EVENTS, INCLUDING, BUT NOT LIMITED TO, DAMAGES, HARM OR INJURY CAUSED TO THE GUARDIANS ON THEIR WAY TO AN EMERGENCY EVENT OR ANY OTHER ACTIONS TAKEN BY GUARDIANS IN RESPONSE TO A USER’S REQUEST FOR ASSISTANCE, AND/OR CAUSED BY ANY THIRD PARTY INVOLVED IN ANY EMERGENCY EVENTS, AND/OR ANY RELIANCE ON THE INFORMATION RECEIVED FROM THE USERS REGARDING ANY EMERGENCY EVENTS, AND/OR THE RESULTS OF SUCH GUARDIANS INTERVENTION IN ANY EMERGENCY EVENTS (INCLUDING ESCALATIONS IN THE EMERGENCY EVENT CAUSED AS A RESULT OF SUCH GUARDIANS’ INTERVENTION), AND/OR FOR INACCURACIES OR ERRORS IN INFORMATION PROVIDED BY OTHER GUARDIANS.
- Special provisions regarding the Control Center Guardian
Users may choose to use the Control Center Guardian service, which allows the User to receive assistance from a professional control center which provides 24/7 human response in case of emergency event. The Control Center Guardian service is subject to certain payment (as further detailed in Section 8 below) and is powered, controlled, and provided by third parties which are not affiliated with the Company. The Company shall not be held liable for any harm or injury that may result from the use of the Control Center Guardian or for any inaccuracies or errors in the information provided by such third parties.
Please note that anything that you will decide to share with the Control Center Guardian via the Chat and/or via any other means of communication, will be collected or processed by the Control Center Guardian and the processing and handling of your personal information by the Control Center Guardian is subject to the Control Center Guardian own privacy policies and the Company does not assume any liability for any such third party’s processing of your information. Please note that any communication with the Control Center Guardian through the App is done at your own risk and any information, consult and/or advice provided by any such Control Center Guardian is provided solely at the discretion of the Control Center Guardian and at its sole responsibility.
THE COMPANY ACTS SOLELY AS THE OPERATOR OF THE APP AND AN INTERMEDIARY BETWEEN THE USERS AND THEIR CIRCLES OF DEFENSE, AND DOES NOT OWN, CONTROL, MANAGE, OPERATE, AND IS NOT INVOLVED IN ANY MANNER WHATSOEVER WITH ANY COMMUNICATION (OR LACK OF SUCH COMMUNICATION), BETWEEN THE CONTROL CENTER GUARDIAN AND YOU (INCLUDING THROUGH THE USE OF OUR APP AND/OR CHAT). THE COMPANY WILL NOT ASSUME ANY RESPONSIBILITY FOR SUCH COMMUNICATION AND FOR WHATEVER DAMAGES THAT MAY RESULT FROM INTERACTING WITH THR CONTROL CENTER GUARDIAN, INCLUDING BUT NOT LIMITED TO, THE USE OF THE USER’S PERSONAL DATA BY THE CONTROL CENTER GUARDIAN, ANY INTERACTION BETWEEN YOU AND THE CONTROL CENTER GUARDIAN AND/OR YOUR RELIANCE ON ANY INFORMATION, CONSULT AND/OR ADVICE PROVIDED BY THE CONTROL CENTER GUARDIAN. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH THE CONTROL CENTER GUARDIAN WHOM YOU INTERACT AS A RESULT OF YOUR USE OF THE APP.
BY UPLOADING OR SUBMITTING DATA OR INFORMATION TO THE APP AND/OR CHAT, YOU REPRESENT AND WARRANT THAT THE SHARING OF THIS DATA WITH THE CONTROL CENTER GUARDIAN IS MADE AT YOUR DISCRETION AND YOU ASSUME ANY AND ALL RISKS AND LIABILITIES RELATED THERETO. WE WILL NOT ASSUME ANY LIABILITY IN THIS RESPECT.
Without derogating from any of these Terms, you hereby acknowledge that the Control Center Guardian service is provided by third party’s services and that the Company does not and cannot guarantee that such services will operate and/or be available at all times, or will work without disruption or interruption. The Company may cease the cooperation with any third party’s services and/or change the identity of the third party’s services at any time, at Company’s discretion and without prior notice. Furthermore, the Company shall not be responsible and disclaims all warranties and liabilities with respect to the operation of third party’s service required in order to provide the services. The Company is not liable for any loss or damage related to any third party’s services.
Please note: the use of our App, is currently offered, for a limited pilot period, free of charge. The Company reserves the right to cancel or terminate the free pilot period at any time at its sole discretion. To the extent that the Company decides to terminate such free pilot period, the following terms and conditions will apply:
The Control Center Guardian service is subject to a monthly fee and shall be charged in advance in accordance with the pricing list and terms which may be published on our App on the date of the purchase (collectively, “Subscription Fees”). The subscription to the Control Center Guardian service will continue until terminated in accordance with the provisions of these Terms.
The following payment terms shall apply while you subscribe to the Control Center Guardian service:
- Changes to Control Center Guardian subscription: the Company may, at its sole discretion, offer different subscriptions types and/or update the conditions of the Control Center Guardian subscription, from time to time, including without limitation, with respect to the payment methods, the Subscription Fees, the subscription periods, and the Services provided to the relevant subscriber, provided that such changes will not affect the existing subscription period and will enter into effect on the date of renewal of the subscription (subject to prior written notice of such changes, and in accordance with applicable law).
- Cancelations: The User may cancel his/her subscription at any time, however, no refunds will be provided except for the pro-rated amount for the remaining days in the current billing cycle, or as required by applicable consumer laws. Please note however that to the extent you purchased the subscription from a third party, we will not be able to cancel your subscription and you should follow the applicable canceling policy of such third party.
- The payment of the Subscription Fees will be conducted by our Online Payment Processors (as specified below). We may (but are not obligated to) provide free trial subscription or other benefits from time to time, at our sole discretion.
- The subscription is billed in advance every thirty (30) days. To the extent applicable, if you do not provide your credit card or other payment information before the expiration of any free trial period, your Account will be suspended until payment information and charge authorization are provided. Thereafter, your subscription will renew automatically based on your plan’s renewal cycle. You will receive a receipt upon each payment received.
- If you fail to pay your subscription fee on time, or if your credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, your entire subscription may be suspended or cancelled.
- Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including VAT, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against the Company based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.
- We reserve the right to charge fees for certain features or services available via our App in the future and to modify the fees and prices for our Services at any time, at our discretion. Such pricing modifications will NOT affect your already paid-up subscription period. We will notify you in advance, by placing a notice on our App before any charges or fees relating to such use come into effect.
- Registration, Cancellation and User Account
In order to use the App you must download the App from the applicable mobile application marketplace.
You must safeguard and not disclose your username and password of your Account and supervise the use of the Account and your device. You must provide accurate and complete information (including, without limitation, your valid phone number) for creating an Account, and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
You are solely and fully responsible for maintaining the confidentiality of your password and Account and for all activities that occur under your Account. If we believe, in good faith, that you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of the Company. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events act in accordance with the Company’s reasonable instructions. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your Account, your personal device or any other breach of security.
We note that we can suspend access to your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) your use of the App cause a false alarm to emergency events; (b) there is risk to the security or privacy of your Account; (c) there is a threat to the security or integrity of our network or our servers; (d) suspension is needed to protect the rights, property or safety of the Company, its Users or the public; (e) there is a basis for termination of your Account; (f) you have violated these Terms; and/or (g) we are required to by law. We may, but do not have to, provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
If you wish to either change your log-in details, or cancel and remove your Account, please use the applicable functionality within the App or send us an e-mail of your request to email@example.com Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF THE FEATURES OR CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
- Online Payment Processors
- Use Restrictions
There are certain conducts which are strictly prohibited when using the App and/or Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at the Company’s sole discretion) in the termination of your use of the App and/or Services and may also expose you to civil and/or criminal liability.
You may not (and you may not permit any third party to) unless otherwise explicitly permitted under these Terms: (a) use the App and/or Services for any illegal, immoral, unlawful and/or unauthorized purposes; (b) remove or disassociate, from the App any restrictions and signs indicating proprietary rights of the Company or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®) and you represent and warrant that you will abide by all applicable laws in this respect; (c) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application or use other manual or automatic device, process or method to access the App and retrieve, index and/or data-mine information; (d) interfere with or disrupt the operation of the App or the servers or networks that host them, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Services; (f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (g) bypass any measures we may use to prevent or restrict access to the App; (h) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by us on or through the App, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (i) copy, distribute, display, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company’s proprietary rights, including the Company’s Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted under any applicable laws; (j) make any use of the Content on any other site or networked computer environment for any purpose without our prior written consent; (k) create a browser or border environment around the Content (no frames on inline linking is allowed); (l) sell, license, or exploit for any commercial purposes any use of or access to the App and/or Content; (m) frame or mirror any part of the App without our prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the App; (o) transmit or otherwise make available in connection with the App any virus, worm, Trojan Horse, time bomb, spyware, or any other similar computer code, that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (p) use the Services for any purpose for which the App and/or the Services are not intended; (q) use the App and/or Services for commercial purposes and/or any purpose that is not considered as personal use by the Company and/or that such use is considered as a nuisance and/or inappropriate by the Company; (r) access any Services in order to build a competitive product or service; and/or (s) infringe and/or violate any of the Terms.
It is hereby clarified that you may not, and may not permit anyone to, disclose, publish, transfer or otherwise share with any third party, any content and personal information you have been exposed to during your use of the App (including, without limitation, the Community Reports, content provided