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Last update: October 2, 2012 Terms of Use At Gentoo Labs Inc. (‘Gentoo’, ‘We’, ‘Us’) We are creating innovative Services and Software (such as mobile applications, etc.) aimed to help you to unlock your phonebook potential and better connect with your contacts (‘Our Services’). By installing and/or using Our Services and/or any of Our software, applications, plug-ins, updates, versions, websites and upgrades and/or any part thereof, you hereby state that you have read, understand and agree to be bound by these Terms of Use (‘Terms’). PLEASE READ CAREFULLY – THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GENTOO WITH RESPECT TO OUR SERVICES. THESE TERMS INCLUDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS. If you do not agree to these Terms or any part thereof - do not use Our Services. Intellectual Property Rights: You hereby agree and acknowledge that Gentoo owns all legal rights, including, without limitations, all intellectual property rights (as defined herein), registered and unregistered alike, all title and interest in or to Our Services, whenever and wherever it may exist. Nothing in these Terms gives you the right to use any of Our trademarks, tradenames, logos and other brand features unless explicitly and personally approved to you in writing by Gentoo. The design, layout and content of Our Services are the sole property of Gentoo and are protected by copyright or other intellectual property laws. Any unauthorized use of any information, text, image, code or other data related to Our Services may violate the law including without limitations intellectual property rights. For the purposes of these Terms, ‘Intellectual Property Rights’ shall mean all patent rights, copyrights, service mark rights, moral rights, publicity rights, trademarks, trade dress, goodwill, trade secret rights and other Intellectual Property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or jurisdiction. Reporting Copyright Violations: We are committed to protecting and preventing intellectual property rights violations on Our Services. If you find that information on Our Services violates your rights, please email your detailed complaint to:
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. Privacy Policy and Feedbacks: By using Our Services you hereby agree to the provisions and principles set in our Privacy Policy. To learn more please read our privacy policy. Unless expressly stated otherwise by Gentoo, all comments, feedback, information or materials submitted to Gentoo shall be considered non-confidential and Gentoo property. By submitting comments, feedback, information or materials to Gentoo, you hereby agree to assign to Gentoo of all worldwide rights, including without limitations all title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials, free of charge. We may, at our sole discretion, use, copy or distribute any comments, feedback, information or materials. Updates, Modifications and Changes to These Terms: We may change, update and/or modify these Terms from time to time. Upon any change made to these Terms We shall update the ‘last update’ field presented at the top section of these Terms. If you do not agree with any of the changes made to these Terms you may close your Gentoo account and/or terminate the use of Our Services. You are responsible to regularly check these Terms for any changes. Your continuing use of Our Services constitutes your acceptance of any changes made in these Terms, including, without limitations, any updates and/or modifications made to these Terms. Limitations on Liability: IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL GENTOO AND/OR ANY OF ITS FOUNDERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATIONS, ANY LOST PROFITS OR LOST DATA ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES, EVEN IF GENTOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR MOBILE DEVICE AND/OR COMPUTER AND/OR ANY ELECTRONIC DEVICE AS A RESULT OF INSTALLING AND/OR USING OUR SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GENTOO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, PRIVACY OR OTHER TANGIBLE AND/OR INTANGIBLE LOSSES. YOU SHALL NOT BE ENTITLED TO CLAIM DAMAGES OF ANY KIND FROM GENTOO AND/OR ANY OF ITS FOUNDERS, DIRECTORS, EMPLOYEES OR AGENTS FOR ANY LOSS OR DAMAGE OCCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR SENT THROUGH OR BY OUR SERVICES, INCLUDING, WITHOUT LIMITATIONS, ANY BUGS, VIRUSES, TROJAN HORSES, WORMS, SPYWARE, MALWARE AND GREYWARE THAT MAY BE TRANSMITTED BY OR THROUGH OUR SERVICES BY ANY USER AND/OR ANY THIRD PARTY; BY USING OUR SERVICES AND/OR ANY PART THEREOF, YOU UNDERSTAND AND AGREE THAT GENTOO IS NOT RESPONSIBLE FOR ANY CONTENT, INCLUDING WITHOUT LIMITATIONS, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT POSTED BY ANY USER OR THIRD PARTY, AND YOU SHALL NOT BE ENTITLED TO CLAIM ANY DAMAGES OF ANY KIND FROM GENTOO AND/OR ANY OF ITS FOUNDERS, DIRECTORS, EMPLOYEES OR AGENTS AS A RESULT OF SUCH PUBLICATION. BY USING OUR SERVICES AND/OR ANY PART THEREOF, YOU UNDERSTAND AND AGREE THAT GENTOO IS NOT RESPONSIBLE FOR ANY CONTENT, INCLUDING WITHOUT LIMITATIONS, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT POSTED BY ANY USER OR THIRD PARTY, AND YOU SHALL NOT BE ENTITLED TO CLAIM ANY DAMAGES OF ANY KIND FROM GENTOO AND/OR ANY OF ITS FOUNDERS, DIRECTORS, EMPLOYEES OR AGENTS AS A RESULT OF SUCH PUBLICATION. Third Party Linked Services: Our Services may enable access and/or include links to other website and/or applications and/or other media types outside of the Our Services and or Website (‘Third Party Services’). Third Party Services are not controlled or monitored by Us. Third Party Services are provided to you for your convenience and the inclusion of any lines or access does not imply any endorsement by Us of any Third Party Services. We shall not be held responsible for the content, privacy maintenance, or any action taken by any linked sites and/or third party. When you choose to contact and use Third Party Services you do so at your own risk and at your own discretion. You hereby expressly relieve Gentoo from any liability relating to any Third Party Services. We shall not be responsible for any loss or damage of any sort relating to your use of any Third Party Services or derived from your exposure to third party content. We shall not be responsible for and makes no warranties, express or implied, as to Third Party Services, including but not limited to, any privacy practices thereof. These Terms does not grant you with any right with respect to Third Party Services that are governed by any third party’s terms of use. Indemnification: You hereby agree to hold Gentoo harmless, indemnify and defend Gentoo, including, without limitations, its founders, directors, employees and agents, from and against any losses, damages and expenses, including, without limitations attorney fees and other costs arising of or relating to any claims that might relate to your violations of these Terms and/or to your use of Our Services and/or to any user content posted via your Gentoo account in a way that violates any third party rights and/or any applicable laws and regulations and/or causes any injury or harm. You hereby agree to indemnify Gentoo upon first demand for all costs and expenses it may suffer as a consequent of your actions and/or your failure to act. Disclaimers: OUR SERVICES ARE PROVIDED "AS-IS", GENTOO DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SERVICES. GENTOO DOES NOT REPRESENT OR WARRANT THAT ANY OF OUR SERVICES SHALL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT OUR SERVICES SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE AFOREMENTIONED, YOU HEREBY UNDERSTAND AND AGREE THAT YOU ARE DOWNLOADING AND/OR INSTALLING AND/OR OTHERWISE OBTAINING CONTENT, MATERIAL, DATA OR SOFTWARE TO YOUR MOBILE DEVICE AND/OR ELECTRONIC DEVICE VIA OUR SERVICES AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER AND/OR YOUR MOBILE DEVICE AND/OR ELECTRONIC DEVICE, INCLUDING, WITHOUT LIMITATIONS, ANY LOSS OF DATA, EXPOSURE OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. OUR SERVICES MAY BE UNAVAILABLE FROM TIME TO TIME OR PERMANENTLY FOR TECHNICAL REASONS AND/OR OTHER EXPECTED OR UNEXPECTED REASONS. GENTOO SHALL NOT BE RESPONSIBLE TO ANY BUG, ERROR, DATA LOSS, DATA EXPOSURE, SOFTWARE AND/OR HARDWARE MALFUNCTION RELATING TO OR RESULTING FROM USING AND/OR DOWNLOADING AND/OR INSTALLING ANY OF OUR SERVICES, OR RELATING TO UNAVAILABILITY OF GENTOO SERVICES, EITHER TEMPORARY OR PERMANENT. GENTOO HAS NO OBLIGATION TO STORE ANY MATIRIALS THAT YOU UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE USING OUR SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR MAINTAINING YOUR USER CONTENT AND CREATING BACKUP COPIES FOR ANY USER CONTENT YOU HAVE POSTED ON OR THROUGH OUR SERVICES. General: These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. In the event any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire Terms between us regarding Our Services, and supersede and replace any prior Terms we might have between us regarding Our Services. |
