PLEASE READ CAREFULLY
Before reading the articles below, please note the following preliminary terms, which use some of the definitions specified in Article 1 below:
Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between us (herein after BOWOB) and You, as a user, for the use of the BOWOB Software. By creating an account or using the BOWOB Software you hereby agree and acknowledge that this Agreement covers all Your use of BOWOB Software. Furthermore, by continuing to use the BOWOB Software You agree to be bound by the terms of this Agreement and any new versions hereof.
Jurisdiction's Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and implement and use the BOWOB Software. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for internet based communication via Live Chat, You may not enter into this Agreement and You may not install or use the BOWOB Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the BOWOB Software is allowed.
ARTICLE 1 DEFINITIONS
In this Agreement the following capitalized definitions are being used, singular as well as plural.
1.1 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.
1.2 Emergency Services: means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements.
1.3 Documentation: any online or otherwise enclosed documentation provided by BOWOB.
1.4 Effective Date: the date on which this Agreement is entered into by creating an account as stated above, or by using BOWOB Software as stated above.
1.5 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know-how and trade secrets contained in or relating to the BOWOB Software, the Documentation, or the BOWOB Website.
1.6 Password: refers to a code You select, which, in combination with Your email address, gives You access to Your User Account;
1.7 BOWOB Software: the software distributed by BOWOB for internet communication applications, including without limitation the UI and Documentation, as well as any future programming fixes, updates and upgrades thereof.
1.8 BOWOB Staff: the officers, directors, employees and agents of BOWOB or any other persons hired by BOWOB.
1.9 BOWOB Website: any and all elements, contents and the 'look and feel' of the website available under the URL www.bowob.com.
1.10 UI: the user interface of the BOWOB Software.
1.11 User Account: refers to the account with Email Address and Password that You create for Your use of the BOWOB Software;
1.12 You: you, the end user of the BOWOB Software, also used in the form "Your" where applicable.
ARTICLE 2 LICENSE AND RESTRICTIONS
2.1 License. Subject to the terms of this Agreement, BOWOB hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable license to download and use the BOWOB Software on Your computer, phone, or any other device with a web browser for the sole purpose of personally using the live chat and web statistics applications provided by BOWOB and any other applications that may be explicitly provided by BOWOB.
2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the BOWOB Software or any part thereof.
2.3 No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the BOWOB Software or any part thereof.
2.4 New Versions of the BOWOB Software. BOWOB, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the BOWOB Software. You agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the BOWOB Software. Furthermore, You acknowledge and agree that BOWOB, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the BOWOB Software, and/or disable any BOWOB Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at BOWOB's discretion, are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. BOWOB will not accept any liability in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of new versions of the BOWOB Software and (2) by the suspension or termination of the license or this Agreement by BOWOB and/or by You.
ARTICLE 3 DEFINITIONS TO LICENSE RESTRICTIONS AND ADDITIONAL TERMS
3.1 You will monitor the BOWOB Website in order to ensure that You are aware of any changes in the applicable legal documents. In the event You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of BOWOB Software; and
3.1.2 You acknowledge and agree that Your use of the BOWOB Software will be at Your own risk and account.
3.2 You are entirely responsible for all computer information, or other content that you upload, post or otherwise transmit to or via the BOWOB Software ("Submissions"). You agree not to upload, post or otherwise transmit any content that: (i) is false, inaccurate, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to BOWOB or other users of BOWOB Software; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. BOWOB reserves the right to edit or remove content that violates this TOS or that contains third-party commercial advertisements; and
3.3 You agree that you will not use the BOWOB Software to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be BOWOB or someone else, or spoof someone else's identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the BOWOB Software; (iv) misrepresent your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the BOWOB Software; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise. Further, BOWOB has the right, although not the obligation, in its sole discretion, to (i) refuse any Submission that, in its reasonable opinion violates any company policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in BOWOB's sole discretion.
3.5 You agree to not use any robot, spider, other automatic device, or manual process to monitor or copy the Submissions of other BOWOB Software users without the prior express written permission of BOWOB.
3.6 Any other Exceptions. If You are interested in doing anything else than permitted under this Agreement You will have to obtain BOWOB's previous written consent and explicitly agree upon any further terms.
ARTICLE 4 CONFIDENTIALITY AND PRIVACY
4.1 BOWOB's Confidential Information. You agree to take all reasonable steps at all times to protect and keep strictly confidential any confidential information regarding BOWOB, its Affiliates, the BOWOB Staff, the BOWOB Software and the IP Rights.
ARTICLE 5 IP RIGHTS AND TRANSLATIONS
5.1 Exclusive Ownership. You acknowledge and agree that any and all IP Rights to or arising from the BOWOB Software are and shall remain the exclusive property of BOWOB and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation, copyright laws and trademark laws. You acknowledge and understand that all title and IP Rights in and to any third party content that is not contained in the BOWOB Software, but may be accessed through use of the BOWOB Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
5.2 No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or BOWOB's rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to such materials.
5.3 Translations. You acknowledge and agree that the intellectual property rights regarding any translations made by You of any information on or accessible through the BOWOB Website or as otherwise requested of You by BOWOB at any time prior to or subsequent of the Effective Date will be and remain the sole and exclusive property of BOWOB without any compensation to You.
ARTICLE 6 COMMUNICATION AND YOUR USE OF THE BOWOB SOFTWARE
6.1 Communication. Installing BOWOB Software enables You to communicate with other BOWOB Software users, as well as website visitors on a site you own and have placed BOWOB communications code on.
6.2 No Warranties. BOWOB cannot guarantee that You will always be able to communicate with other BOWOB Software users, nor can BOWOB guarantee that You can communicate without disruptions, delays or communication-related flaws or that all Your communication shall always be delivered to other BOWOB Software users. BOWOB will not be liable for any such disruptions, delays or other omissions in any communication experienced when using BOWOB Software.
6.3 No Responsibility of Content. You acknowledge and understand that the content of the communication spread by the use of the BOWOB Software is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. BOWOB will not be liable for any type of communication spread by means of the BOWOB Software.
6.4 No Emergency Services. You expressly agree and understand that the BOWOB Software is not intended to support or carry emergency textual communication to any type of hospital, law enforcement agency, medical care unit or any other kind of Emergency Service. BOWOB, its Affiliates or BOWOB Staff are in no way liable for such emergency textual communication.
6.4.1 Alternative Arrangements. By agreeing to this Agreement You understand that additional arrangements must be made to access Emergency Services. To access Emergency Services, You acknowledge and accept Your responsibility to purchase, separately from BOWOB Software, traditional wireless or wireline telephone service that offers access to Emergency Services.
6.4.2 No Compulsion to Offer Emergency Services. You recognize and agree that BOWOB is not required to offer Emergency Services pursuant to any applicable local and or national rules, regulation or law. You further recognize that BOWOB is not a replacement for Your primary telephone service.
ARTICLE 7 TERM AND (CONSEQUENCES OF) TERMINATION
7.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either BOWOB or You as set forth below.
7.2 Termination by BOWOB. Without limiting other remedies, BOWOB may limit, suspend, or terminate this license and Your use of BOWOB Software, prohibit access to BOWOB Website and delete Your User Account, with immediate effect, if we think that You are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. BOWOB shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to the respective User Account. We reserve the right to cancel User Accounts that have been inactive for more than one (1) month.
7.3 Termination by You. You may terminate this Agreement with immediate effect at any time, with or without cause and without recourse to the courts, provided that You will meet with the conditions as set forth in Article 8.4 below.
7.4 Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the BOWOB Software shall terminate, and (b) will cease any and all use of the BOWOB Software, and (c) will remove the BOWOB Software from all networks and other storage media and destroy all copies of the BOWOB Software in Your possession or under Your control.
7.5 No liability. BOWOB will not be liable in respect to any damage caused by the termination of this Agreement.
ARTICLE 8 YOUR REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION OF BOWOB
8.1 Representations. You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the BOWOB Software.
8.2 Indemnification. You agree to indemnify, defend and hold BOWOB and the BOWOB Staff harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the BOWOB Software, or (d) communication spread by means of the BOWOB Software.
8.4 Export Restrictions. You acknowledge that the BOWOB Software may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the BOWOB Software as well as end-user, end-use and destination restrictions issued by national governments.
ARTICLE 9 DISCLAIMER OF WARRANTIES
9.1 No warranties. THE BOWOB SOFTWARE IS PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER; BOWOB DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE BOWOB SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. BOWOB FURTHER DOES NOT REPRESENT OR WARRANT THAT THE BOWOB SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES BOWOB WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF COMMUNICATIONS MADE THROUGH THE BOWOB SOFTWARE.
9.2 Specific Disclaimer of Liability for Emergency Services. BOWOB does not provide Emergency Services in conjunction with the BOWOB Software. Neither BOWOB nor its officers or employees may be held liable for any claim, damage, or loss, and You hereby waive any and all such claims or causes of action, arising from or relating to the use of BOWOB Software to contact Emergency Services personnel. You shall defend, indemnify, and hold harmless BOWOB, BOWOB Staff and Affiliates and agents and any other service provider who furnishes services to You in connection with the BOWOB Software, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys' fees) by, or on behalf of, You relating to the absence, failure or outage of the BOWOB Software provided hereunder, including specifically any claims arising out of the failure of BOWOB to offer Emergency Services.
9.3 Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the BOWOB Software remains with You, to the maximum extent permitted by law.
9.4 Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited as far as legally possible under the applicable legislation.
ARTICLE 10 LIMITATION OF LIABILITY
10.1 No Liability. YOU ACKNOWLEDGE AND AGREE THAT BOWOB AND THE BOWOB STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE BOWOB SOFTWARE, AS SET FORTH BELOW.
10.2 Limitation of Liability. IN NO EVENT SHALL BOWOB OR THE BOWOB STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE BOWOB SOFTWARE, EVEN IF BOWOB, ITS AFFILIATES OR THE BOWOB STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE BOWOB SOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH BOWOB SOFTWARE.
10.4 Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited as far as legally possible under the applicable legislation.
ARTICLE 11 GENERAL PROVISIONS
11.1 New versions of the Agreement. BOWOB reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the BOWOB Website. The revised Agreement shall become effective within thirty (30) days of such publishing or provision to You, unless You expressly accept the revised Agreement earlier. The express acceptance by You, or Your continued use of the BOWOB Software after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. BOWOB reserves the right to make changes to this Agreement from time to time, and will make such changes available in the form of new agreements posted on the BOWOB website.
11.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and BOWOB with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
11.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
11.4 No waiver. The failure of BOWOB at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by BOWOB.
11.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.
11.6 Assignment by BOWOB. BOWOB is allowed at its sole discretion to assign this Agreement or any rights hereunder to any affiliate, without giving prior notice.
11.7 Language. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CREATING AN ACCOUNT, INSTALLING OR USING THE BOWOB SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO BOWOB THE RIGHTS SET FORTH HEREIN.
BOWOB - Last revised: December 17, 2013