The following instrument consists of the terms and conditions governing your (“you” or “user”) access to and use of Asociación Civil Helper (“Helpers” or “We”) proprietary mobile application generally known as Helpers (the “Application”) and the content, features and services therein (collectively, including the Application, the “Services”). These Helpers Terms of Use together with the Helpers Privacy Policy available at (https://helpers.ngo/) (the “Terms”) constitute a binding agreement between you and Helpers, and by continuing to use the Services (in whole or in part) in any way or manner you agree to abide by, and be bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.
We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you via email or by means of a prominent notice on the Services. You should check our Services periodically and review changes to the Terms at the following URL: (https://helpers.ngo/terms/). By continuing to use the Services following such modifications, you agree to be bound by such modifications.
PLEASE NOTE THAT: “LOCATION-BASED SERVICES” THAT UTILIZE GPS TECHNOLOGY TO DETERMINE YOUR LOCATION CONSTITUTE A MAIN FEATURE OF THE APPLICATION. THIS FEATURE IS REQUIRED FOR THE INTENDED DUE OPERATION AND FUNCTION OF THE APPLICATION AND PROVISIONS OF THE SERVICES. BY INSTALLING THE APPLICATION AND/OR ACCEPTING THESE TERMS, YOU ARE AGREEING TO THIS USE.
Use of the Application and Services
The Application Management hereby gives you a personal, non-exclusive, non-transferable, non-sublicensable, fully-revocable, limited license, to use the Application, subject to the provisions of these Terms and only during their term. The Application Management may revoke this license at any time for any reason or no reason.
You undertake to only use the Application, its Services and content, for personal, private use, subject to the rules below. You agree not to: (i) use the Application to send false alarms to other users; (ii) use the Application commercially (including, but not limited to. offering services to third parties using the Application, selling or leasing the Application and Services, integrating them into your own service and/or application or using the Application for service bureau purposes), without the prior written consent of the Application Management; (iii) copy and/or use, or allow others to copy and/or use content from the Application or related content for any purpose other than personal private use; (iv) transfer, distribute, scrap, copy all or any part of the Services and/or the Application Management’s Intellectual Property Rights (as defined below) and/or use the Services as a service bureau; (v) refer to the Application and/or Services by use of framing and/or deep-linking; (vi) transmit spam, chain letters, or other unsolicited email; (vii) attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Application and/or Services; (viii) upload invalid data, viruses, spyware, worms, or other software agents or other harmful, infringing, illegal, disruptive or destructive content, messages or files, through the Application or Services; access the Services through or use with the Services any unauthorized means, services or tools, _including, without limitation; robots, crawlers or any other types of software, to search, scan, copy or automatically retain content and/or Services from the Application; create nor to create an anthology, collection or reserve containing the Application’s content; (ix) display content from the Application in any way whatsoever, including within a visible or an invisible frame; (x) link, upload, or publish any content, service and/or media to the Application containing content that is pornographic, racist, discriminating, wrongful, abusive, infringing, harmful, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable (in the sole discretion of the Application Management), or unlawful, or that encourages any of the above. You agree not to copy, license (or sub-license), rent, reproduce, transmit, distribute, publicly display, publicly perform, transfer to the public, change, adapt, edit, process, create derivative works, sell or lease any part of the Application Content, whether alone or through or in cooperation with a third party, by any way or means, without obtaining the Application Management’s prior written consent. You further agree not to reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the software available in the Application. The Application’s name and the names of Services in the Application, the trademarks in the Application (whether registered or not), the Application Management’s name and trademarks are all the property of the Application Management or the holders of rights in the Services it includes, and they may not be used as said. Please note that the Application Management may protect the service using technological means intended to prevent unauthorized use thereof. You undertake not to circumvent these means.
You hereby represent and warrant, in connection with the use of the Application and Services that: (a) you have, and will have at all times, all permits, consents and right, title and interest as required to fulfill your obligations and grant to the Application Management any and all rights, licenses and consents hereunder, including, without limitation, in respect of the Content (as defined below); (b) you and your use of the Application and Services will comply with all applicable laws, rules, regulations, statutes, and ordinances.
You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services. You are solely responsible for any mobile charges when you use the Services including data charges for use or the Services and/or updates or upgrades of new versions of the Services. If you are not sure if such charges apply or what they may be, please ask your provider before using the Services.
NOTE, using the Application requires an internet connection (Wi-Fi or 3G cellular) on your end device. MADA will only respond to your emergency if you dial MADA directly! For your convenience you can initiate such a call from within the Application.
Registering and Providing Details
You are solely responsible for any actions performed in the Services under your credentials. Keeping your credentials safe is your sole responsibility. If you have any reasons to suspect that your credentials were discovered by any third party or that there was an unauthorized access to your account you will immediately notify the Application Managment and modify your login information.
You must provide only correct, accurate and complete details. False details may prevent you from using the Application and, when necessary, frustrate attempts to contact you and/or other users’ attempts to aid you.
Age Restriction
You must be at least 14 years of age to use the Application. If you are eighteen (18) years of age or older, you represent that you have read, understood and agree to be bound by these terms. If you are between the ages of fourteen (14) and eighteen (18), you represent that your legal guardian has reviewed and agreed to these terms. If you do not agree with all of these terms, or you are not at least fourteen (14) years of age, or you are between the ages of fourteen (14) and eighteen (18) and your legal guardian does not agree with all of these terms, please do not access and/or use the Application.
Paid Services
The Application’s Services are presently provided free of charge. The Application Management reserves the right to start charging fees in consideration for downloading the Application and/or providing the Services and in connection with any other future service. In such an event, fees and payment shall apply only from the date of notice to you (on the Services or by email). Upon such change you may elect to stop using the Services and delete the Application, but continued use and access will be deemed as acceptance of the obligation to pay the fees.
User Generated Content
In certain cases, the Application enables users to publish information and content such as materials which a user submits, posts, displays, or otherwise makes available on the Application, “Content” or “Information”. You agree to bear the exclusive responsibility for the Content and the Information you post in the Application and the consequences of posting or publishing it and you affirm that the Application Management is solely acting as a passive conduit for your online distribution and publication of your Content and is not obligated to screen any third party content.
You agree not to post any advertising or commercial Content that is not related to the Application Management, the Application itself or the Services in the Application. You agree to ensure that all Content is compliant with all applicable laws. You agree not to post the following Content in the Application: (a) false alarms or fabricated distress calls; any Content that prejudices or violates others’ proprietary rights, including, but not limited to, copyrights and trademarks; (b) any Content that poses risk to a person’s safety, security or health; (c) any Content that personally identifies other people without them having given their consent to the publication of their identity; (d) any Content that concerns and identifies minors, their personal details, address or the means of contacting them; (e) any illegal Content which constitutes libel or that infringes a person’s privacy or reputation; (f) any Content of a harassing, offensive, hostile, threatening or rude nature; any Content that contains or that encourages racism or wrongful discrimination based on race, origin, skin color, ethnicity, nationality, religion, sex, occupation, sexual orientation, disease, a physical or mental disability, belief, political view, or socio-economic status; (g) any Content that constitutes or encourages a criminal offence or that may constitute grounds for a civil claim or civil liability; (h) any Content that contains any information or content that you do not have a legal right to make available; (i) any Content that promotes pyramid schemes, chain letters or spam or any advertising or promotional materials or any other solicitation of other users to use goods or services, or any other Content that is prohibited by law or according to these terms; (j) any Content that falsely states or implies that such Content as said is sponsored or promoted by the Application Management, or that contains malice or is fraudulent in any other manner; (k) any Content that interferes with other users of the Application including, without limitation, disruption of the normal flow of dialogue in an interactive area of the Application and deleting or revising any Content posted by another person or entity.
The Application Management may refuse to publish or immediately delete, at any time and in its exclusive discretion, any Content posted for publication. In such instances, the Application Management is also authorized to revoke your right to publish additional Content in the Application. The provisions in this section are in addition to any rights under law which the Application Management possesses. The Application Management reserves the right, but is not obligated, to reject and/or remove any Content that the Application Management believes, in its sole discretion, violates these provisions.
In connection with your Content, you affirm, represent and warrant the following: (a) you have the consent of each and every identifiable natural person in the Content to use such person’s name or likeness in the manner contemplated by the Application and these terms, and each such person has released you from any liability that may arise in relation to such use; (b) your Content and the Application Management’s use thereof as contemplated by these terms and the Application will not violate any law or infringe the rights of any third party, including but not limited to, any Intellectual Property Rights and privacy rights. The Application Management takes no responsibility and assumes no liability for any Content that you or any other user or third party posts or sends in the Application. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that the Application Management shall not be liable for any damages you allege to incur as a result of the Content; (c) you own all Intellectual Property Rights in the Content and you are entitled to post the Content and allow the Application Management to publish them and use all Intellectual Property Rights in them.
For the purposes of these terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Rights to the Content –The Application Management will not become the owner of the Intellectual Property Rights in the Content you will post. However, by posting Content on the Application, you expressly grant, and you represent and warrant that you have all rights necessary to grant the Application Management a royalty free, fully paid up, worldwide, non-exclusive, sub-licensable, transferable, perpetual, irrevocable license, to use, reproduce, modify, copy, make public, translate, distribute, make creations and derivative works and publicly perform and display the Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media, or technology now known or later developed. The Application Management’s license to use the Content is not limited and includes commercial use, at its absolute discretion. Posting Content for publication does not oblige the Application Management to publish or continue publishing this Content in the Application.
Checking Content – the Application Management may, but shall not be obligated to, screen the Content before and/or after submission or publication thereof to prevent inappropriate, improper or false Content from being uploaded or to ensure its removal. The Application Management has the exclusive discretion to decide which Content will be published, the duration for which they will be published, their location and design, and any other matter relating to their publication in the Application and it does not warrant that any specific Content will be published in general or for any specific period. Content that is posted by the Application’s users does not express the Application Management’s opinion or position, and its publication does not guarantee its validity, reliability, how recent it is, its accuracy, or legality.
Medical Information
The Application may contain general medical information, such as information on how to provide first aid. You hereby agree and acknowledge that the Application and any medical information it may contain are intended only to provide general and background information and does not constitute medical advice, a professional opinion, examination, self-treatment orders, diagnosis, a recommendation of any treatment, a recommendation to take any drug and so on. The Application and its Content is not a substitute for seeking professional advice or direct professional instruction from a doctor or a certified caregiver in general, and in emergencies in particular. The use of the Application’s Services and Content is at your own risk. If you have chosen to utilize the information and Content, you must first verify and confirm this with the appropriate professional.
It is hereby clarified and acknowledged that no recommendations are made by the Application Management and all content on the Services is for information purposes only. Any advice or recommendations made by any means by third parties, including by other Application users, including without limitation in respect of use a certain product, a medical product and/or pharmaceutical and/or to purchase a service, treatment, pharmaceutical, medical or paramedical product or a product that has a medical effect or outcome requires consulting with an appropriate expert following an individual and detailed examination of each and every case. In any event, do not use any drugs or medical products without seeking prior professional advice from a doctor or caregiver through means other than the Application. In any medical emergency, do not rely on the information the Application provides, and contact a doctor or hospital. Delays in seeking medical care may have dangerous consequences. No action should be taken based upon any information contained in the Application. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
Privacy
The Application Management respects and cares about your privacy when using the Application. You may review the Application’s current Privacy Policy, available at: https://www.helpers.ngo/ privacy/ which constitutes an inseparable part of these terms of use. Please note that the data processed by the Application Management includes GPS location data and your medical history or medical information which you provide.
Links to Third Party Content
The Application Management may place links to third party pages, content, products and/or services in the Application. The Application Management does not control the availability and content of those third party services and products or monitor them. Any concerns regarding any such services, content or products, or any link thereto, should be directed to the applicable third party service, product, or content provider.
Links are provided only as an informational resource, simply as a service and only for your convenience. Should you leave the Application via a link contained herein and/or view content that is not provided by the Application Management, you do so at your own risk and the Application Management shall not be responsible or liable for damages or losses caused in connection therewith. In as much as you are redirected to linked sites, applications and content, we recommend that you carefully read and abide by the terms of use and privacy policies of such applications, sites and content.
These presentation of these links by the Application Management is not an acceptance, endorsement, recommendation of their content, reliability, legality or privacy procedures. These links may not suit your needs, you may object to their content and they may be offensive, inappropriate, illegal or immoral. The Application Management is not responsible for these links or their content and it is not responsible for any result that may caused by using them or relying on them. Any use thereof is made at your sole risk and responsibility. You expressly relieve the Application Management from any and all liability arising from your use of any third-party website, service, or content.
Commercial Content
The Application Management may place commercial content, such as ads, that are posted for publication by various advertisers in the Application. The Application Management does not write, review or edit these publications’ content or their reliability and is not responsible for any liability arising from your use of the commercial content published in the Application on behalf of third parties. Only the advertisers will be liable for the commercial content and to any result of using them or relying on them. Publication of the commercial content does not constitute a recommendation, endorsement or encouragement to purchase the offered services and/or products. Additionally, your dealings with or participation in promotions of advertisers found in the Application, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Application Management are in no way a party to such agreement and shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Intellectual Property
All Intellectual Property Rights embodied in or relating to the Application, the Services it offers, its database and any content it contains (other than Content that is posted for publication by you and by other Application users), including, without limitation, any underlying software, platforms, algorithms, technology, application and website design, any information, services, texts, files, sound, pictures, music, videos, various applications, social graphs, organization, structure, specifications, application “look and feel”, features and related content that may be created in connection with the use of or registration to the Services, including the selection and arrangement of any of the foregoing (collectively, the “Application Content”) belong to the Application Management alone and/or its respective affiliates, or to the third party that permitted the Application Management to use them, and, subject to the foregoing, the Application Management and/or its respective affiliates retains all right, title and interest in connection therewith.
No transfer or grant of any rights is made or is to be implied by any provision of these terms or by any other provision contained in the Application with respect to the Application Management’s Intellectual Property Rights or otherwise.
You may choose to or we may invite you to submit comments or ideas about the Application and Services, including, without limitation, about how to improve the Application and/or Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Application Management under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Application Management does not waive any rights to use similar or related ideas previously known to the Application Management, or developed by its employees, or obtained from sources other than you.
Apple
In the event that you are using the Application through an Apple Inc. device, you accept that:
· These terms of use do not impose on Apple Inc. any duty or undertaking towards you, including but without derogating from the generality of the above said, any duty to provide you with support or maintenance in connection with the Application and/or the Services.
· You will have no claim, demand or suit against Apple Inc. in connection with the Application or these terms of use, including but without derogating from the generality of the above said, any claims or demands in connection with support or maintenance, violation of intellectual property rights, the warranty, consumer protection or compliance with the law or regulation.
· Apple Inc. and its subsidiaries are third party beneficiaries to these terms of use. By accepting these terms of use, Apple Inc. is being granted the right (and will be deemed to have accepted the right)to enforce these terms of use against you as a third party beneficiary thereof.
Limitation on Exporting
By accepting these terms of use, you declare and pledge that: (a) you are not in a country that is embargoed by the US government, or is in the list of “State Sponsors of Terrorism” determined by the US government; and (b) you are not listed in any list of ‘restricted’ or ‘prevented’ factor determined by the US government.
Disclaimer
THE APPLICATION, INCLUDING THE CONTENT AND SERVICES IT CONTAINS, IS PROVIDED “AS IS”, IT MAY NOT BE ADJUSTED TO EACH INDIVIDUAL PERSON’S NEEDS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE APPLICATION OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU HEREBY CONFIRM THAT YOU HAVE CHECKED THE APPLICATION AND THE SERVICES AND FOUND THEM TO BE SUITABLE TO YOUR NEEDS AND PURPOSES. YOU WILL HAVE NO CLAIM OR DEMAND AGAINST THE APPLICATION MANAGEMENT FOR THE APPLICATION’S FEATURES, CONTENT, SERVICES, ABILITIES, RESTRICTIONS, RULES THAT GOVERN IT AND ITS SUITABILITY TO YOUR NEEDS. THE APPLICATION MANAGEMENT DOES NOT WARRANT THAT THIRD PARTY CONTENT AND SERVICES IN THE APPLICATION WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, RELIABLE, NOR THAT IT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, WILL BE PROVIDED SAFELY AND WITHOUT ERROR, AND WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY INFORMATION THEREIN WILL BE CORRECT, OR ACCURATE, OR WILL FIT YOUR EXPECTATIONS AND DEMANDS. THE APPLICATION MANAGEMENT SHALL NOT BEAR ANY RESPONSIBILITY FOR ANY OUTCOME OF USING THEM OR RELYING ON THEM.
HELPERS ALERTS OTHER HELPERS USERS NEARBY AND/OR THE SPECIFIC CONTACT PEOPLE PREDESIGNATED BY YOU; IT DOES NOT CALL EMERGENCY SERVICES OF ANY KIND. IN THE EVENT OF DISTRESS IN GENERAL AND MORTAL DANGER IN PARTICULAR, USING THE APPLICATION DOES NOT SUBSTITUTE AN IMMEDIATE CALL TO THE LAW ENFORCEMENT FORCES, THE FIRE DEPARTMENT, THE MEDICAL EMERGENCY SERVICES, AND/OR ANY OTHER AID AND RESCUE SERVICES. YOU MUST CONTACT THE COMPETENT AUTHORITIES FIRST IN ALL INSTANCES.
THE APPLICATION IS DISTRIBUTED IN THE HOPE THAT IT WILL HELP ITS USERS AS A MERE COMPLEMENTARY SOLUTION, BUT WITHOUT THE APPLICATION MANAGEMENT ASSUMING ANY RESPONSIBILITY OR LIABILITY, AND, IN PARTICULAR, WITHOUT WARRANTY THAT ANYBODY WILL HELP YOU AT THE TIME OF DISTRESS AND/OR THAT OTHER USERS WILL BE AROUND YOU, NOR REGARDING THE QUALITY AND/OR PROFESSIONAL LEVEL OF THE SERVICE YOU WILL RECEIVE FROM THE LAW ENFORCEMENT FORCES AND/OR THE AID AND RESCUE FORCES AND/OR OTHER USERS OF THE APPLICATION.
Limitation of Liability
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE APPLICATION MANAGEMENT AND/OR ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER, TO YOUR USE OF THE APPLICATION AND/OR SERVICES AND/OR THE APPLICATION MANAGEMENT INTELLECTUAL PROPERTY RIGHTS, OR RELIANCE ON THE APPLICATION AND/OR ANY OF SERVICES AND/OR THE APPLICATION MANAGEMENT INTELLECTUAL PROPERTY RIGHTS, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY THE APPLICATION MANAGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
Violation and Indemnification
You agree to defend, indemnify and hold harmless the Application Management and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, suppliers, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Application and Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including, without limitation, any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your account; or (vi) any other party’s access and use of the Application and/or Services with your unique username, password or other appropriate security code.
Changes in the Application and Termination
The Application Management may replace altogether or adjust and/or modify periodically the Application’s content, Services, characteristics, design and availability and any other aspect of the Application and the Services, with no need to notify you of this in advance. Naturally, these changes may involve malfunctions and interruptions. You will have no claim or demand against the Application Management due to the performance of such changes or malfunctions that may occur during their performance. The Application Management may suspend or terminate the Services from time to time for maintenance, repairs, upgrading and improvement of the Services. In addition, the Application Management may terminate the Services in whole or in part at any time. The Application Management will make an effort to publish a notice of the termination of Services in the Application or via other acceptable means a reasonable amount of time in advance but is not obligated to do so. Upon termination of the Services, the Application Management will continue to keep the material included in the Application for a reasonable duration and then it will be authorized to delete it without making any back up thereof and without issuing any additional notice.
We may terminate these terms and/or suspend your right to access or use any portion or all of the Application or Services and/or the Application Management Intellectual Property Rights immediately (including, without limitation, the license set forth above), at our sole discretion and without notice. Upon termination, you shall immediately cease using the Application and Services and/or the Application Management Intellectual Property Rights.
The Law and Jurisdiction
These terms shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the competent courts of Tel-Aviv. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded.
Assignment of Rights
The Application Management may assign these terms in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer these terms, or any of your rights or obligations thereunder, to any third party without the prior written consent of the Application Management. Any unauthorized assignment will be void and of no force or effect.
Notice and Takedown, Intellectual Property Infringement Policy and DMCA Compliance
In the event that you believe that any content included in the Application and/or Services violates your Intellectual Property Rights, right to privacy or is defamatory or otherwise illegal, please file a detailed notice of complaint to the Application Management in the following link info@helpers.uy, identifying such content and detailing the factual basis of your complaint and we will make reasonable efforts to remove the content.
It is the Application Management’s policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate, without notice, the accounts of those determined by us to be “repeat infringers”. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Application infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Application Management’s Designated Copyright Agent at: Helper – Cuareim 1447, Montevideo, Uruguay Attn: Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Application are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Application Management to locate the material; providing URLs in the body of an email is the best way to help us locate content quickly;
Information reasonably sufficient to permit the Application Management to contact the complaining party, such as address, telephone number, and, if available, electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please note that Application Management may, in its sole discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.
Counter-Notification: If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): A physical or electronic signature of the subscriber; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the Application Management may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
General
If any provision of these terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these terms and shall not cause the invalidity or unenforceability of the remainder of these terms. This is the entire agreement between you and the Application Management regarding the subject matter herein. Nothing in these terms shall be considered as granting any rights to third parties, except as expressly contemplated herein. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing. Any waiver or failure to enforce any provision of these terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Any cause of action arising out of or related to the Application or Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If you have any further questions or require further clarification, please contact us by sending an e-mail to: info@helpers.uy.
Last updated: 08/04/2019