cellMUTE© - Terms Of Use

 

1. GENERAL

Welcome to the cellMUTE application (hereinafter: the application or the app).

The application is owned by Speedguard (hereinafter: the owner) and any use you make of it is subject to conditions of the following terms of use.

These terms of use apply to the app and/or any parts of it, including design, source code, program module and content of the application and/or that the application makes accessible and/or downloads, and which constitute an inseparable part of it and of the app’s functioning and/or services it offers and/or makes available, for remuneration or not for remuneration (hereinafter: together and separately: the services).

Use of any information, products and/or services via the application and in general are the sole responsibility of the user and subject to the conditions of these terms of use.

 

2.            TERMS OF USE

These terms of use are intended to clarify the conditions applicable to anyone who made, makes and/or will make use of the application.

Under these terms of use, “content” includes any service, produce, source code, program module, program application, text, photograph, image, design, illustration, map, sound byte, video byte, graphic, terminology, production, information or other data, in whole and/or in part, presented in this application and/or which serves to program / characterize it and/or is fed into it and/or contained in it and/or directed to/from it, through any means of communication and/or connection, whether for a fee or not for a fee, by you and/or by any third party, and also any intellectual property right including but not limited to patents, trademarks, copyrights, and ethical rights, relating to any of these.

Any use made of these terms of use whether formulated in male or female gender is for the sake of convenience alone and applies equally to males and females.  Furthermore, anything directed at in the singular inherently refers to the plural and vice versa.

The instructions relative to these terms of use are cumulative and/or substitutive and/or complementary, based on each instance and the connections between them.

In the absence of agreement to any of the conditions contained in these terms of use, you must avoid making any use of the application.

 

3.            ACCESS TO THE APPLICATION

The owner reserves the right to allow or disallow use of the app at any time, and to change and/or cease to do so, and all in accordance with its sole discretion.

Access to the app or part of it, and the possibility of implementing certain actions, will be made possible to certain users but may be limited to other uses, for a variety of reasons, or will not be possible at all and/or will involve allocation of a user name and/or password and/or be conditional on completing a questionnaire and/or conveying personal details, all in accordance with the owner’s sole considerations.

The owner can begin requiring this without prior notification or continue to require this or cease requiring it or require only occasionally, without advance notification, and in accordance with the owner’s sole considerations.

 

4.            USE OF DATE YOU HAVE CONVEYED

If you provided an email address and clicked “confirm” or "ok" or  "authorize" or "Accept" or "send" in the appropriate place for agreeing to receive email, you thereby agree to receive notifications to the email you have conveyed for various purposes, and including advertisements, invitations, offers, notifications and commercial messages of any kind.  You are entitled to request to cease broadcasting notifications as noted and in accordance with the instructions of the law.

Using the applications indicates you hereby agree to anonymous collection and tracking of data, information, content, actions and user habits, and these will serve for various uses including commercial and marketing.

 

5.            TYPES OF CONTENT IN THE APPLICATION

The owner reserves the right to choose whether and what content will appear and/or will be publicized, or will cease appearing / be added and/or be advertised in the application, or will appear / be advertised from time to time, all in accordance with the sole consideration and commercial needs of the owner and without any advance notification or update.

The owner may add, change, lessen, erase and update from time to time contents of the application and/or app appearance and/or way in which it operates and/or way in which it is used and/or products and/or services it includes without advance notification and in accordance with its sole considerations.

The owner reserves the right to include in the application content which constitutes their advertisements and/or those of others and/or other commercial content (hereinafter: advertisements).

Images, illustrations, and simulations appearing in the app are for demonstration alone and do not obligate the owner.

Advertisements appearing in the app and/or sent to its users are the full responsibility of the advertisers. 

App content may show errors including dates, prices, payment conditions and more, and the owner reserves the right to correct any such error at any time.

The owner reserves the right to include in the application content in the form of popups where the user is asked to make a donation to support cellMUTE project. only a donation of 25$ and above will be be rewarded with a present to be sent to the donator.

 

6.            CONTENT SEARCH IN THE APPLICATION

The owner reserves the right to operate access, search tools and/or search engines in the app that allow access to certain content in the app or part of it in accordance with the owner’s preference, and additionally to alter and/or cease doing so, in accordance with the owner’s sole considerations.

 

7.            CONTENT AVAILABILITY IN THE APPLICATION

You hereby confirm that there may be a variety of mishaps deriving from a variety of reasons that may prevent access and/or use of the app, or overload it including as a result of communication difficulties and/or due to maintenance and/or for other reasons, or use of the app may cut out and/or be stopped without completion and/or saving.  The owner will be exempt from all liability and you must save any information that you wish to use or feed into the app, before doing so.

 

8.            ORDERING GOODS AND/OR SERVICES VIA THE APPLICATION

8.1          The app may allow you to search, choose, save or define products and/or services for the purpose of ordering them and/or purchasing them from their owners and/or third parties.

8.2         You hereby authorize the owner to make free use of your purchase data other than payment details used as subject to your specific agreement alone.

8.3         Purchase of products and/or services by you, as such ay occur, is subject to the laws of the State of Israel, these terms of use, and the absolute and sole discretion of the owner.

8.4         Prices appearing on the app, such as they are, are true for the time they are presented and may update to alter periodically in accordance with the owner’s considerations.

8.5         No change and/or cancellation of an order made via the app will be allowed by the customer, unless given clear agreement by the owner in writing and subject to cancellation fee.

8.6         The owner reserves the right to cancel any offer or transaction, by notification to the customer within a reasonable amount of time from authorization of the purchase, subject to return of payment for the purchase and/or offer, such as may have been made up until that point.

8.7         Ownership of a product and/or services provided by the owner to the customer will remain in the ownership of the owner until all payments have been made in actuality for all products ordered.

8.8.       In the case of unsuitability of products and/or services ordered and supplied, the order will receive a refund on condition that no use has been made of the services, or that the products are returned internal human resources original packaging which is undamaged, and as long as no use of the product was made, within fourteen days from the time of its purchase.

8.9         Liability for the nature and/or quality of the products and/or services and/or their production and/or faults and/or damage relative to them belongs to their supplier in actuality.

8.10       The owner’s liability for products and/or services is subject to the law and in any case shall not be more than the monetary scope of the price paid in actuality for their purchase, if such has been paid, and subject to the law.

 

9.            SUPPLY OF ORDERED PRODUCTS

9.1          If products have been ordered or purchased via the app and which require delivery from the owners, and the owner has agreed to deliver them, cost of delivery will be applicable to the customer.

9.2         The products will be supplied to the address conveyed by the customer.

9.3         The supply date provided by the app refers to business days in Israel and is an estimation alone, and may alter for various reasons including but not only due to import processes, managerial processes, regulatory services, strikes and slowdowns, weather, war, force majeure and other circumstances not in the owner’s control, and the owner shall not bear any liability for same.  However, payments made for an item / service not supplied in actuality to the customer will be settled fully with the customer.

 

10.          FEEDING DATA INTO THE APPLICATION

If during use of the app, searching, ordering products and/or services and/or other activities using the app, the app allows you to feed in any information and/or content, liability for such content, its meaning and its feed falls on you alone.

Without derogation from the above, the app should not be fed with any content that may damage any other person, or another’s reputation, privacy, property or rights, nor should content be fed into the app against the instructions of these terms of use and/or of any law.

The owner reserves the right to edit, change and even delete such content.  You hereby give your clear agreement to changes and/or edits and/or deletions of content of any kind fed into the application.

It is your right to contact the owner and request a deletion of content fed into the app and the owner will try to fulfill your request, but is not obligated to do so.

Liability for all actions or omissions which do not correspond with the above are yours alone.

 

11.           LINKS, ADVERTISEMENTS AND CONTACT VIA THE APPLICATION

The app may make contact with content, advertisements and sources possible that are not in the control and/or under supervision of the owner.  Should hurtful, unethical, illegal content appear, or should any damage be caused by and/or due to them of any kind be caused, the owner and/or its representative will not be considered responsible for such.

 

12.          OWNERSHIP RIGHTS AND INTELLECTUAL PROPERTY RIGHTS

The intellectual property rights are protected in Israel and internationally through the State of Israel’s laws and international charters.

The owner respects rights of ownership and rights of intellectual property of others, and you must do likewise.

This app and its content are the sole property of the owner of their rights and are not your property, nor can any use be made of them except in accordance with the conditions of these terms of use.

Unless specifically agreed otherwise in advance and in writing, the information and/or intellectual property rights relevant to this app are those of its owner alone and/or made available for use by the owner to third parties, excluding copyrights, ethical rights, trademarks, service marks, brand names, samples, patents, products, designs, tools, trade secrets, technological information, functional information, professional information, trade and business information, and any other information and/or intellectual rights, whether registered or not registered (hereinafter: the intellectual property rights.)

Third parties with intellectual property rights in the content fed into the app without the owner’s knowledge and/or agreement are requested to approach the owner and/or its representative to report on such.

The owner reserves the right to enforce, remove, correct, prevent any use and/or feeds into the app and/or advertisements of content that breach its intellectual property rights and/or third parties, and demand compensation and/or indemnification from anyone who may set her- or himself and/or the owner in a situation of possible breach of its own and/or others’ rights.

 

13.          USE OF APPLICATION CONTENT

No use can be made of the app and/or its content to harm another person or her or his reputation, privacy or rights, and no use can be made of the app and/or its content that goes against the conditions of these terms of use and/or the law, accepted procedures or public ordinances.

Any use of the app and/or content of any kind which it contains and/or which is taken from it, is for personal use alone, and no other use may be made of it including for business, marketing or commercial uses, unless permitted specifically by the owner in advance and in writing, and in accordance with the conditions of such permission.

Including, and without derogation relative to the above, no advantage can be taken of any of the owner’s and/or third party’s property rights without their agreement, including but not limited to use of snips, copy, saving as file, duplication, distribution, processing, deletion, addition, change, sale, rental, lending, conveying, public presentation, public implementation, creating an offshoot product, or any other manner.

Anyone doing so without clear advance permission in writing from the owner, such as can be given and subject to the terms, can be prosecuted by criminal law and civil procedures including prohibitive orders, search, arrest, money trail, seizures, incarceration, and any other enforcement and/or procedure the owner is entitled to exert.

There is, nor will be, in any permission given by the owner to make use of the app’s content, should such be given, anything to derogate from the owner’s rights, including the rights of ownership in general, and intellectual property rights in particularly, nor may any act or mishap on the part of the owner in such agreement imply transfer and/or permit to use any of the intellectual property rights or any other right of the permit owner or any other person, unless this has been specifically agreed in advance and in writing and subject to the rights belonging to the owner, or that the latter received from any third parties, and subject to all instructions of the law.

Without derogation from any of the above, “fair use” of the product, which by law allows use for personal learning, research, review, scan, journalism, quotations, instruction and examination by an educational institution, is subject only to Israel’s laws. Any fair use must give credit to the application’s content author.  The content should not be damaged or misused or altered in any way, or be harmed in any way, by means of damaging the reputation and standing of the creator.

 

14.          EXEMPTION FROM LIABILITY  

The application and its content are presented and offered for us in their current AS-IS state.

The owner will not be bear liability in any form, contractual and/or tortious and/or other, for any use made of the app and/or its use and/or prevention and/or disruption of use of the app for any reason.

The owner will not bear liability of any kind for content conveyed or fed in by you, its legality, authenticity, credibility, precision, completeness, computer files that are added to them, or for any damage, loss, grief or results, directly or indirectly, to you and/or any third party.

The owner will not bear liability for damage caused by downloading the app and/or damage caused by a link in the app and any damage derived from showing or publicizing content as noted in any way.  Furthermore full and sole liability for any link, presentation or advertising of content made by yourself is yours, and you will be obligated by this to compensate the owner for any damage caused as a result.

The owner does not commit to saving any content you have fed into the app, and/or downloaded from the app, and liability for saving content is yours, and is not dependent on the owner and/or app and/or anyone connected with them, and is your responsibility alone.  Saving such content is subject to instructions of the law and these terms of use.

You hereby declare that all liability and risk of any damage and/or loss caused to you by use of the app is your liability, including: accidents, angst, financial aspects and any other damage.  It is also stated that any use of the mobile device while driving is prohibited and dangerous to you and your environment.

 

15.          COMPENSATION

You hereby commit to compensate and indemnify the owner and/or anyone representing the owner for any act and/or mishap causing the owner direct or indirect damage, loss, loss of profitability, payment or expense whether due to breach of these terms of use or due to breach of any law, or whether due to any claim by any third party.

 

16.          JURISDICTION

Only the laws of Israel apply to these terms of use and their interpretation, and the location of any mediation or jurisdiction will be the appropriate court of law in the Tel Aviv or central Israel area alone.

 

17.          CHANGES TO TERMS OF USE

As part of these terms of use, periodic changes, updates, addition, deletions may be made in accordance with the owner’s sole discretion.  They will be publicized via notification.  If you are interested in continuing to use this application, you will be considered as agreeing to the adjusted terms, unless they contradict law.