GSMSync

GSMSync

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Terms of service provision:
License Agreement - usage of GSMSync service. 1. This license agreement (hereinafter - "Agreement") is an agreement made between User of mobile device of cellular communication (hereinafter - "User"), and the company NOMOC concerning the usage of GSMSync service by User (hereinafter - "Service") provided by the Organizer. 2. Any usage of the Service by User means that User agrees with all the provisions of this Agreement and was familiarized with Instruction and fully agrees with them. If User does not agree with one or more provisions of this Agreement, then he can not use the Service and is obliged not to use it from now on. 3. Service is intended only for use on mobile devices of cellular communication (mobile phone, smartphone, communicator, Pocket PC, Palm, etc.) that support the SyncML synchronization protocol and the ability to connect to the global Internet network, in accordance with the Instructions. 3.1. You can find out about the possibility of support of SyncML synchronization protocol in a particular mobile device from manufacturer of this mobile device. If the mobile device does not support synchronization protocol SyncML, the Organizer does not guarantee correct performance of Service on such mobile device. 3.2. List of some mobile devices that currently support the synchronization protocol SyncML, is available at Service web-site. 4. User can at any moment refuse from using Service by closing his account (see Help section "Close Account"). In this case all User’s information contained in the account will be deleted permanently without the possibility of recovery. In the future, User will be able to re-gain access to Service in accordance with Instuction. 5. Organizor for his part guarantees: 5.1. Ability to provide User with access to the Service in accordance with this Agreement and the Instruction. 5.2. Normal performance of Service and ability to access Service in accordance with this Agreement and Instruction, except for circumstances that do not depend on Organizer, including but not limited to the following: failures in performance of mobile operators or nodes of the global Internet network, insurmountable circumstances (force major). 5.3. Non-disclosure of information about the User specified during the registration of Service and being held in his account to third parties except for the cases explicitly provided by applicable Ukrainian law. At that User’s mobile number and his email address specified at registration, can be used by Organizer to send messages of support services, the settings of client devices and systems’ informational messages. 5.4. In case of errors taking place in the course of Service operation, to fix them in due time. 6. User for his part guarantees: 6.1. Specifying reliable information when entering registration information (email address, mobile number, phone model). In case of neglecting the requirements of this paragraph Organizer does not guarantee the correctness of Service performance and the possibility of providing technical support. 6.2. Do not take any action that could have negative consequences for the Organizer. 6.3. User agrees not to post on the resource information of a pornographic, obscene nature, information that infringes upon anyone's rights or is offensive or contravenes the applicable law. User who posted information, bears full responsibility for the violation of these rules and applicable law. 6.4. User is prohibited from posting any form of advertising information in media files, messages, comments. 6.5. User is strictly prohibited to use the software, systems or processes to automatically collect the information contained in the system. 6.6. User agrees that posted information in the system will be used within the Service. With this Organizer has the right to reformat or delete any information given by User. 6.7. User guarantees that he has exclusive rights under the Law of Ukraine "On Copyright and Related Rights” to post, store, use, distribute materials on Organizer’s resource posted by User (information, files and other forms of media), which include works under copyright and (or) related rights. User agrees to monitor and take full responsibility for the content of the posted materials, the legality of posting (use) such content, including those related to third parties’ copyright infringement. 6.8. User guarantees that no other third parties have the rights to post, store, use, distribute materials posted by User (information, files and other forms of media), which include copyright works and (or) related rights. 6.9. By this License Agreement User guarantees that he has all necessary rights, and gives Organizer the rights for intellectual property contained in the materials posted by User (information, files and other forms of media) (copyright, rights for use of works, marks for goods and services (trademarks), trade names, etc.). 6.10. In case of violating § 6.7.-6.9. or enforcing claims or filing suits against the Organizer User bears the full material and any other responsibility to third parties and Organizer, and is obliged to cover all Organizer’s lossed that appeared in this connection. Furthermore: in case of complaints to the Organizer and/or Copyright holder and/or claims of material or immaterial nature in connection with the content posted by User he must settle these claims or demands on his own and at his own expense, and also User agrees to: - join the case as a Respondent - compensate to Organizer and/or legitimate right holders all possible losses proved and established by legislative action. Organizer is released from any liability on these claims or demands. 7. Organizer bears no responsibility to User or third party for any loss, damage, distortion or disclosure of information stored in the User’s account that may result from usage of the Service, as well as for any possible damages that might apper for User or a third party as a result of using Service or the impossibility of such use. 7.1. Organizer reserves the right, without prior notice to User to change the rules (Instruction) of Service provision, change part of the functionality of Service (without loss of User’s information), to conduct technological downtime in Service performance for a period not longer than 3 (three) calendar days. 7.2. Organizer does not monitor the nature of the information that is transferred using the Service. At the same time, Organizer has a strict anti-pirate policy. In case of detecting (by ourselves or at the request of the legitimate owner) files and/or other information with illegal or prohibited by current legislation content, they will be immediately deleted without any notice. Also, the Organizer reserves the right to block access to using his services for Users who have been repeatedly noticed distributing illegal material. In case of approaching by any public authority in the ongoing investigation regarding the illegal distribution of information, Organizer will do his best to assist such investigations, providing the appropriate authorities with all available information about the User, including email address and any other required information. 8. In accordance with this Agreement, Service is provided on conditions "as it is". Organizer does not provide any warranties, except the one outlined in this Agreement, such as: exclusion of implied warranties, circumstances or conditions of merchantability and fitness for a particular purpose, accuracy or completeness of responses or results of work, guarantees of high-quality, lack of viruses, lack of negligence during development of the product, as well as the provision or non-provision of technical support services. 9. Organizer reserves the right to close user’s account in case of violation of the terms of the system usage or laws of Ukraine. 10. Guarantees provided in this Agreement are thorough in terms of the limit of Organizer’s liability and the volume of services provided by using Service. 11. The law that governs this agreement is the law of Ukraine.
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