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End User License Agreement
for the Caller Identification Service of CIAmedia
This End User License Agreement („Agreement“) governs your use of the Caller Identification Service („Service“) owned and operated by CIAmedia GmbH, commercial register of Austria No 401098 a, business adress: Matznergasse 17, 1140 Vienna, Austria („CIAmedia“, „we“ or „us“).
2. Service Description
Our Service provides you with free Caller Identification during phone calls and/or after you have made or received a phone call. As part of the Service we serve advertisements („Advertisment“) on Caller Identification screens.
Our Service may be included in certain third-party applications („Application“) that you have installed. You will be notified if an Application includes our Service, so that you can decide whether to use the service or not. You can at any time adjust your Caller Identification preferences and enable or disable the Service in the settings. You can access the settings from every Caller Identification screen.
By using the Service you expressly state that you fully accept the terms and conditions of this Agreement and any other terms and conditions which are incorporated herein by reference. If you do not fully accept the terms and conditions of this Agreement, you cannot use our Service.
CIAmedia gives you the non-exclusive and not transferable right to access and to use the Service in connection with installing the Application.
You may only use the Service for your personal use. The access to the Service as well as the use of the Service will only be given on the basis and after the unconditional acceptance of the terms and conditions of this Agreement and any other terms and conditions which are incorporated herein by reference. Other rights regarding the Service on whatever legal basis are not granted.
You are not entitled (i) to use the Service for commercial purposes or (ii) to grant, transfer, sell, lend or make available in any manner any rights regarding the Service to third parties. Granting sublicenses is also not allowed. You are not entitled to store or install a copy of the Service.
4. Proprietary Rights
You herewith confirm that you are aware that CIAmedia is the exclusive owner of the Service as well as of all and any rights connected thereto, especially property rights and copyrights.
5. Collection of Information
If you do not wish to use the Caller Identification Service, or if you do not want to receive Advertisments from CIAmedia, or if you want to disable CIAmedia’s access to your device, you can terminate the Service by disabling it in the settings of the Service at any time. You can access the settings from every Caller Identification screen.
The Advertising displayed on the Caller Identification screens complies with the Google’s guidelines for content rating and reflects the maturity rating of the Application in which our Service is included. CIAmedia excludes sensitive categories including but not limited to advertisement containing gambling or sexually explicit content, violence and bullying or “hate speeches” via the Service. CIAmedia does not have full control on advertisements and makes no representation or warranties of any kind regarding the content of the advertisements. CIAmedia is not liable in any manner or any case for advertisements. Even in case of errors or by accident, CIAmedia is not liable for advertisments even if regarding sensitive content.
7. Scope of Liability and Warranty, Indemnification
CIAmedia shall not be liable for damage, unless it was caused by CIAmedia or its representatives with wilful or gross negligence. Any liability for personal injuries shall remain unaffected thereby. Any liability for third-party damages, consequential damages and loss of profits shall be excluded. CIAmedia shall not be liable for the content of the data transmitted and the content of data that may be accessed via the Service.
CIAmedia will also not be liable in any way for network related problems.
CIAmedia operates the Service with utmost care, reliability and availability. However, CIAmedia does not warrant that the Service will be available without interruption, that the desired connections can be established at all times or that the information transmitted is always correct, accurate and complete.
CIAmedia makes no representation that the Service is available to you in any particular location. You are obliged to comply with all legal or contractual obligations and shall hold CIAmedia harmless to this regard.
You agree to indemnify, hold harmless and defend CIAmedia and all related persons, entities, agents etc. from and against any action, claim, demand, dispute or liability arising from or relating to any negligence or wilful misconduct of you or related persons, entities, agents etc., your breach of this agreement, any allegation that the application infringes a third party´s copyright or any intellectual property right or any misrepresentation of you.
You confirm, that you agree that CIAmedia shall have the unrestricted right to participate in the defence in any of the above mentioned cases through counsel of his own choice.
Should the restrictions of the warranty and liability of CIAmedia be in breach of mandatory statutory provisions, all warranty and liability obligations shall, in terms of scope, be reduced to the statutorily admissible minimum extent.
You are entitled to terminate this Agreement at any time by disabling the Service in the settings. You can access the Service from every Caller Identification screen.
CIAmedia is entitled to terminate your right of usage of the Service at any time without cause with or without advance notice.
The right of usage will automatically end if you violate or fail to comply with the terms and conditions of this Agreement.
CIAmedia reserves the right to freely assign and transfer the rights and duties under these terms and conditions to any third party.
All amendments and supplements to the license terms shall be made in writing (by registered letter). The same shall apply to any deviation from this requirement of form.
Should any provisions of this agreement be or become ineffective, invalid or unenforceable, this shall not affect the effectiveness, validity or enforceability of the remaining provisions. In the case of ineffectiveness, invalidity or unenforceability of any of these provisions, a provision which is neither ineffective, nor invalid or unenforceable and which in its economic result comes closest to the provision to be replaced shall be agreed upon between the parties to this agreement.
The court in Vienna having local jurisdiction and subject-matter jurisdiction shall have jurisdiction regarding any disputes; applicability of Austrian law shall be deemed agreed and UN Sales law and the conflict of laws rules of private international law shall be excluded.
Last updated: January 2015