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General Terms And Conditions of ProtectCELL CLOUD Services

Form: PCCLD-NA-052013

Below are the subscriber terms and conditions (“Agreement”) for using the ProtectCELL CLOUD in connection with the service from ProtectCELL CLOUD, LLC d/b/a ProtectCELL (“Provider”).

The use of the ProtectCELL CLOUD proposed by Provider as well as the use of this Site implies full and complete acceptance of these terms and conditions by the user. The use of certain ProtectCELL CLOUD features implies that the user certifies that he is of legal age and has read and accepted the General Terms and Conditions. The user acknowledges that he has been fully informed and that he is bound by all the provisions of the General Terms and Conditions.  If the user does not agree to (or cannot comply with) all of the terms and conditions of this Agreement, the user does not have the right to use the Site and must not install, download or use ProtectCELL CLOUD

SITE PROPERTY
This site as well as the ProtectCELL CLOUD software is under the exclusive license of ProtectCELL CLOUD, LLC, d/b/a ProtectCELL.

PURPOSE
The purpose of these General Terms and Conditions is to define the modalities and conditions under which ProtectCELL CLOUD allows Internet and mobile Internet (WAP) users to download the ProtectCELL CLOUD software for mobile phones from the site www.protectcell.com. A user is any natural or legal person taking advantage of access to the Internet, mobile Internet and to the http://www.protectcell.com site. Any use of any of the ProtectCELL CLOUD service implies that the user provided their full and complete acceptance of the General Terms and Conditions. Provider retains the right in its sole discretion to modify these user conditions, with or without notice, without liability to the user.

GENERAL FUNCTIONING
Downloading the software: In order to have access to downloading, the user must enter the requested information and accept these General Terms and Conditions. After registration, the software may be downloaded in two ways from the www.digitalleash.com Internet site: the user will receive a SMS sending him to the WAP site, or by going directly to the www. protectcell.com/ mobile Internet site. After having installed the software on his mobile phone, the user will then have access to the services proposed by it. Downloading gives the user a user's license. But in no case does he become owner of the software. Any reproduction or redistribution that does not respect the General Terms and Conditions constitutes an infringement of copyright and will be subject to penal sanctions. Consequently, subject to the terms and conditions of this Agreement, Provider grants to the user a personal, non-exclusive, non-transferable, non-sub licensable and non-commercial limited license to install one object code version of the software on one wireless communications device (“Device”) and to use ProtectCELL CLOUD on such Device in accordance with the Documentation.

Use of the software:
The software, depending upon version, makes it possible to:
  • Back up the user's mobile phone address book and its mobile phone files onto the www. protectcell.com Internet site & WAP site
  • Restore the user’s mobile phone address book and files on its phone
  • Visualize and manage his address book and files from the www. protectcell.com Internet site and WAP site
  • Share files by backing them up on the servers and sending SMS with a link to friends
  • Import contacts from sites such as Gmail, Yahoo Mail, Hotmail / Windows Live, and Facebook
  • Export pictures to sites such as Flickr, Blogger, Facebook , Twitter, Picasa, and Tumblr
  • Export videos to sites such as Youtube and Twitter
  • Aggregate feeds from social networks such as Facebook and Twitter
Sites to which to import files or contacts from or export files or contacts to might be added or removed from time to time, without notice from Provider. All backups and restoration are done over-the-air and require access to the mobile Internet or a phone equipped with Wi-Fi. In the case of sending invitation or file sharing SMSs, the user shall:
  • send no message that may contravene messages that are violent, pornographic, or in effect bring prejudice to human dignity,
  • send a text message only to people wishing to receive this type of message,
  • send no message to a recipient who may sustain harm resulting from such a message,
  • not harass in any way whatsoever nor induce in error the recipient of a text message, and respect the recipient’s privacy.
The user of the ProtectCELL CLOUD software is solely responsible for sending any messages as well as the contents of messages sent.

MINIMAL CONDITIONS
The user must be equipped with a mobile phone equipped with a mobile Internet connection in order to access the proposed services. The software is compatible with mobile phones using the Android, Blackberry, and iPhone operating systems.

In addition, the user is solely responsible for expenses generated by these connections and these accesses. Provider and its www.digitalleash.com site may in no way be held responsible for damages brought about by downloading to the user's computer system and/or telephone.

COSTS & FEES
All fees related to the user’s subscription to and use of ProtectCELL CLOUD shall be charged to the user by Provider. The user agrees to pay Provider the applicable fees for the services subscription in accordance with Provider’s payment terms and conditions. The user acknowledges that Provider will continue to charge the user for the services as long as the subscription to services remains active and regardless of whether or how often the user actively uses ProtectCELL CLOUD If the user fails to pay such subscription fees to Provider, the services provided pursuant to this Agreement may be terminated.

User retains the right to cancel their subscription to Provider services at any time.

TERM AND TERMINATION
This Agreement is effective for the term of the ProtectCELL CLOUD subscription purchased by the user and may be terminated by the user at the end of a billing cycle by notifying Provider. If there is a change in the law or any regulation limiting Provider ability to provide the Site or the Services, or if Provider consider that the user have breached any of these Terms and Conditions or otherwise behaved inappropriately when using the Site or any service on the Site. Provider reserves the right to:
  • delete any material or content which the user may have posted without notice to the user;
  • close the user account(s), and/or delete any information the user may have stored;
  • take measures (including terminating, suspending or restricting user’s access) to prevent the user from using the Site and services.
If the user’s access to the Site and Services is terminated, for whatever reason, the user’s right to use the Site and Services immediately ceases and Provider has no obligation to maintain any content or date in the user’s account.

PRIVACY AND LEGAL PROVISIONS
The user authorizes Provider to obtain necessary personal information from its Device and permit Provider to collect data related to its use of ProtectCELL CLOUD. The use and collection of such information shall be in accordance with Provider’s Privacy Policy.

RESPECT FOR THE RIGHT OF INTELLECTUAL PROPERTY
All copyright, trademark rights, database rights, patent rights and any other intellectual property rights in text, graphics, audio, video or image files, content software, data and information displayed on, or available from the Site and/or Services belong to or are licensed by Provider. The user agree that all these materials are available for its personal use only, and the user may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any such materials without the express authorization of Provider.

CONNECTIONS / LINKS
Provider or third parties may include links to other Web sites or other Internet sources. Insofar as Provider cannot control these sites and external sources, the user recognizes that Provider cannot be held responsible for making these sites and external sources available and cannot be held responsible for the contents, advertising, products, and services, etc., available on or from these sites or external sources. For further information on the legal provisions of these sites, the user may contact Provider directly at www.protectcell.com. In addition, the user recognizes that Provider cannot be held responsible for any damages or losses resulting from or with relation to the use of the content available on or from the site.

DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ProtectCELL CLOUD, THE DOCUMENTATION AND ALL SERVICES PROVIDED BY PROTECTCELL AND ITS AFFILIATES OR ANY OF THEIR SUPPLIERS OR LICENSORS ARE PROVIDED "AS IS," AND PROTECTCELL AND ITS AFFILIATES OR ANY OF THEIR SUPPLIERS OR LICENSORS DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY TYPE, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER (OR PORTIONS OF THIS DISCLAIMER) MAY NOT APPLY TO THIS USER. THIS DISCLAIMER OF WARRANTY PROVISION SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY
IN NO EVENT SHALL PROTECTCELL AND ITS AFFILIATES OR ANY OF THEIR SUPPLIERS OR LICENSORS BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ANY DATA, ARCHIVED DATA, THE USE OR INABILITY TO USE ProtectCELL CLOUD OR THE DOCUMENTATION, OR ANY SERVICES PROVIDED BY PROVIDER) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR FOR ANY INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF BUSINESS INFORMATION OR DATA, OR OTHER PECUNIARY LOSS), EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. THE USER AGREES THAT IN NO EVENT SHALL PROVIDER’S CUMULATIVE LIABILITY TO THE USER OR ANY THIRD PARTY, WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNTS PAID BY THE USER FOR THE USE OF ProtectCELL CLOUD, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO THIS USER. THIS LIMITATION OF LIABILITY PROVISION SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

FORCE MAJEURE
Provider shall not be liable for nonperformance, delay, errors, data loss or corruption or other loss caused by any event beyond Provider’s reasonable control, including, but not limited to, acts of God, war, hostilities, terrorist acts, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, non-use of product, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.