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booker-end-user-terms-of-use
Terms of Use Key Points

The following key points of the Terms of Use are brought for your convenience only. These key points do not substitute the full Terms of Use. [ More].
  • License. We grant you a limited, restricted and conditional license to install and use the App [More].
  • Acceptable use. You may use the App for your personal and non-commercial use only. You may not use the App in any objectionable manner [More].
  • Third Party Elements and Conduct. We do not have control of and do not take any responsibility for anything a Publisher and/or Agent and/or any other third party adds to the App or for the Publisher’s and/or Agent actions. The App may include advertisements with links and commercial content. We are not responsible for such content or any of the advertisers’ practices. [More].
  • Privacy. We respect your privacy, as explained in our Privacy Policy at: http://www.como.com/booker-end-user-privacy-policy/ ‎ [More].
  • User Contributed Content. You may post only lawful, non-infringing content on the App [More].
  • Requests to Remove Content. Any requests related to the removal of copyrighted content from the App will be made in accordance with ourCopyright Policy [More].
  • Changes in the App. We may change the App in any way as well as automatically send and install on your mobile device any form of updates, upgrades and code modifications to the App, that among others, may restore settings that had originally been set by the App but were then subsequently modified by another application – all without giving any prior notice [More].
  • Termination of operation. We, the Publisher, and/or the Agent may at any time terminate the operation of the App [More].
  • Changes to the Terms . From time to time, we may change the Terms. We will notify you of such change through the App [More].
  • Term, Termination and Survival. You and the Company may each terminate these Terms at any time. Some provisions in these Terms will survive termination [More].
  • Application Marketplace. Additional terms apply if you downloaded the Application from an App Store [More].
  • Law & Jurisdiction. The Terms and any use of the App are governed by the laws of Israel and subject to the exclusive jurisdiction of the courts in Tel-Aviv-Jaffa, Israel [More].
  • Additional Provisions. THE TERMS INCLUDE ADDITIONAL PROVISIONS THAT YOU SHOULD CAREFULLY READ, SUCH AS PROVISIONS REGARDING INTELLECTUAL PROPERTY, APP AVAILABILITY, WARRANTY, LIABILITY AND INDEMNITY.
  • Contact Us . At any time, you may contact us by email. [More]

TERMS OF USE

Welcome to our mobile app / mobile site (both referred to as the “App“, including their supplementary services). The App, customized and branded for your use by the individual, vendor, company or organization indicated on the App’s interface (“Publisher“) together with its third party distributor, Booker Software, Inc. (“Booker“), is powered by Conduit Ltd. (the “Company“, “we” or “us“, “our“). Please read carefully the following terms and conditions (the “Terms“). By using or accessing the App in any way, you agree to be bound by the Terms. If you do not agree with the Terms, you may not use the App.

About the App

The App lets you engage with the Publisher through various features and content that the Publisher (itself or together with Booker) selects to incorporate in the App, such as informative material, social feed, user-contributed content, unique events, sales or promotions, and etc. [Back to key points]

License

Subject to these Terms, we hereby grant you a limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, non-assignable license to install and use the App on a single device (whether mobile device or other) owned or controlled by you, solely for your private and personal and non-commercial use. [Back to key points]

Acceptable use of the App

You acknowledge and agree that you are solely responsible for all acts or omissions associated with your access and use of the App and the access and use of the App by anyone on your behalf. When using the App, you shall refrain from willfully, or negligently -
  • Modifying, copying, making available publicly, making derivative works of, disassembling, de-compiling or reverse engineering the App;
  • Breaching the Terms or any other applicable guidelines related to the App;
  • Interfering with, damaging or impairing the functionality of the App or any third party’s use of the App;
  • Circumventing or manipulating the operation or functionality of the App or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the App.
  • Breaching the security of the App or identifying any security vulnerabilities in it;
  • Using or attempting to use robots, crawlers and similar applications or methods to collect, scrape or compile content from the App;
  • Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising.

You may not access or use the App in order to develop or create a similar or competitive product or service. We may temporarily or permanently prohibit you from using the App and take measures to keep you off the App, if we determine that you have abused your rights to use the App, breached these Terms, or performed any act which is harmful or likely to be harmful to the Company, or any other third party. [Back to key points]

Third Party Elements and Conduct

The Publisher (itself or together with Booker) has customized the App by adding various sorts of content, materials, data, links, images, software and code and other components (collectively “Third Party Elements“), which are all under the sole and exclusive responsibility of the Publisher and/or the Booker. We do not own, have control of or take any responsibility for Third Party Elements. WE ARE NOT RESPONSIBLE FOR AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, ADEQUACY, APPROPRIATENESS OR LEGALITY OF ANY THIRD PARTY ELEMENTS. You assume all responsibility and risks of using Third Party Elements or relying upon the content conveyed by Third Party Elements. Any and all communications between you and the Publisher, all dealings and transactions conducted in connection with the App and all legal or other consequences resulting from the above, are strictly between you and the Publisher and/or Booker. You understand and acknowledge that powering the App does not constitute a recommendation, endorsement or encouragement by us, to procure the goods or services that the Publisher and/or Booker offers, engage in any transactions, dealings or interactions with the Publisher or any third party nor an authorization or representation of our affiliation with the Publisher, Booker or any third party. Third Party Elements may have their own governing terms and conditions and privacy policies and we urge you to review them prior to using them. You acknowledge that Third Party Elements may be modified or removed by its respective content owners at any time. The App may include advertisements and commercial or non-commercial information (the “Ads“). By clicking the Ads you may be transferred to an advertiser’s website or location or receive any other messages, information or offers from the advertiser and from others. We are not responsible for any of the advertisers’ practices including their privacy practices, or for the content of their websites, information, messages or offers. IN ANY EVENT, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION OF THE PUBLISHER OR BOOKER OR ANYONE ACTING ON THEIR BEHALF. [Back to key points]

Privacy

We respect your privacy. Our Privacy Policy (available at:  http://www.como.com/booker-end-user-privacy-policy/) explains the privacy practices on the App and is incorporated by reference to the Terms. [Back to key points]

Intellectual Property

All rights, title and interest in and to the App (excluding Third Party Elements), including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by or licensed to the Company. Unless expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, execute or make available publicly, adapt, commercially use, process, compile, translate, sell, lend, rent, reverse engineer, modify or create derivative works of the App or any of the content thereon or thereof, either by yourself or by a third party on your behalf, in any way or by any means. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to our or any Publisher’s trademarks, services marks and logos. You must refrain from any action or omission which may dilute, or tarnish our or any Publisher’s goodwill. [Back to key points]

User Contributed Content

YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT THAT YOU POST THROUGH THE APP AND FOR THE CONSEQUENCES OF PUBLISHING IT. NEITHER WE NOR THE PUBLISHER OR BOOKER NORMALLY EXAMINE, APPROVE OR DISQUALIFY CONTENT THAT YOU OR OTHERS HAVE POSTED ON THE APP BUT WE, THE PUBLISHERS AND BOOKER RESERVE THE RIGHT TO DO SO. You may not post through the App or otherwise make available:
  • Any material that infringes third party’s right, especially privacy, publicity and intellectual property rights;
  • Any code malicious to computers and networks; or
  • Any material which may be deemed threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable.

You may post content on the App only if you are the rightful owner of all rights to that content or if you are licensed by the rightful owners to post such content. By posting content, you approve that you hold either all title and intellectual property rights or an appropriate license to the content and that you are entitled to post it. You grant us, the Publisher and Booker, each, an irrevocable, free of charge, sub-licenseable, worldwide, non-exclusive, perpetual, transferable right to copy, modify, distribute, display, perform and make available to the public all content that you post via the App. You give up all moral rights in and to that content (e.g. you give up the right to have the content attributed to you). We do not claim ownership over the content that you contribute. You retain all title to it. The Company, the Publisher and Booker, each, may at any time, at their sole discretion and without prior notice remove or modify any content you have posted. You will have no right to object to or claim against any such actions we take. [Back to key points]

Requests to Remove Content

Any requests to remove copyright infringing content from the App, or counter requests to repost content, on grounds of mistake or misidentification of the content, must be made in accordance with our Copyright Policy. [Back to key points]

Changes in the App

You grant Company and/or the Publisher and/or Booker your express consent to remotely send and automatically install on your mobile device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the App, which, among others, may:
  • Automatically and without additional notice, restore settings and preferences that had originally been set by a previous version of the App, but were then subsequently modified by another application; or
  • Change the App’s layout, design or display.

We may also, at any time and without prior notice, change the scope or availability of the App’s related content or services. Such changes by their very nature may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE, THE PUBLISHER AND BOOKER DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM. [Back to key points]

App Availability

The availability and functionality of the App depends on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault free. WE DO NOT WARRANT THAT THE APP WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS. [Back to key points]

Termination of Operation

The Company or the Publisher, may at any time, at their sole discretion, terminate the operation of the App, or any part thereof, temporarily or permanently. Efforts will be made to publish a termination notice reasonable time beforehand. You agree and acknowledge that the Company and the Publisher do not assume any responsibility with respect to, or in connection with the termination of the App’s operations. [Back to key points]

Changes to the Terms

From time to time, we may change the Terms. Changes will take effect 7 days after we first notify you of the changes through the App. Your continued use of the App after the amended Terms have entered into effect will constitute your acceptance of the amended Terms. In case of a legal requirement, we may also introduce immediate changes to the Terms and require that you affirmatively accept them, in which case you will not be able to continue using the App if you do not accept the amended Terms. In any event, the most updated version of the Terms will always be accessible through the App’s settings menu. [Back to key points]

DISCLAIMER OF WARRANTY

THE APP IS PROVIDED FOR YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY, THE PUBLISHER AND BOOKER DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP AND THIRD PARTY ELEMENTS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP AND ALL THIRD PARTY ELEMENTS IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. [Back to key points]

LIMITATION OF LIABILITY

THE COMPANY, INCLUDING THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, AS WELL AS BOOKER AND THE PUBLISHER (THE ” INVOLVED PERSONS“) SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE APP OR THIRD PARTY ELEMENTS, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE APP OR THIRD PARTY ELEMENTS, OR FROM ANY FAULT, OR ERROR MADE BY THE INVOLVED PERSONS’ STAFF OR ANYONE ACTING ON THEIR BEHALF, OR FROM YOUR RELIANCE ON CONTENT OR THIRD PARTY ELEMENTS AVAILABLE ON OR THROUGH THE APP, OR FROM ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE APP – WHETHER OR NOT THE INVOLVED PERSONS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO UNINSTALL AND CEASE ANY USE OF THE APP. [Back to key points]

Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, the Involved Persons and anyone acting their behalf, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, or demand, arising from, or in connection with your use of the App, your breach of the Terms, any other terms, rules or regulations applicable to the App, or your violation, or infringement of other persons rights. [Back to key points]

Term, Termination and Survival

You may terminate these Terms at any time, by uninstalling the App from all devices in your possession or control. We may terminate these Terms and your license to use the App, at any time by issuing you notice of such termination or in any other manner contemplated by these Terms. Upon termination by the Company, you must discontinue any use of the App and uninstall the App from all devices in your possession or control. The following sections shall survive the termination, or expiration of the Terms: Third Party Elements, Privacy, Intellectual Property, End User Contributed Content, Requests to Remove Content, Disclaimer of Warranty, Limitation of Liability, Indemnification, and Governing Law & Jurisdiction. [Back to key points]

Application Marketplace

The following terms apply if you downloaded the App from Apple’s App Store. You and the Company agree and acknowledge as follows: These Terms are concluded between yourself and the Company, and not with Apple Inc. (“Apple“). Apple is not responsible for the App. In the event of a conflict between these Terms and the Usage Rules set forth for Licensed Applications (as defined in the App Store Terms of Service) or the App Store Terms of Service as of the Effective Date (that is when you indicated your agreement to be bound by these Terms, by clicking the appropriate button), the Usage Rules or the App Store Terms of Service will prevail. If any provision of these Terms is less restrictive than the corresponding provision of the Usage Rules or the App Store Terms of Service, the Usage Rules or the App Store Terms of Service will prevail. You may use the App on an iPhone or an iPad that you own or control. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. If you downloaded the App from a different application marketplace, other third parties may be beneficiaries of these Terms, pursuant to those marketplace’s terms. Such other third parties are not responsible for providing maintenance and support services with respect to the App. [Back to key points]

Governing Law, Jurisdiction

These Terms and your use of the App will be governed by and construed in accordance with the laws of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than Israel. The courts located in Tel-Aviv-Jaffa, Israel shall have sole and exclusive jurisdiction over you and the Company and the subject matter of these Terms. Each party hereby expressly consents to personal jurisdiction in Israel and expressly waives any right to object to such personal jurisdiction or the convenience of such forum. [Back to key points]

General

These Terms constitute the entire agreement between you and the Company concerning the subject matter herein and may only be modified by written amendment duly executed by the Company. No waiver or alteration from the Terms by the Company will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms. You may not assign or transfer your rights and obligations under the Terms. Any attempted or actual assignment thereof by you will be null and void. Other than is specifically stated in these Terms, they are not made for the benefit of any third party other than the Company (including its respective successors and permitted assigns) or you. The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms. “Including”, whether capitalized or not, means without limitation. If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect. [Back to key points]

Contact Us

At any time, you may contact us with any question, claim or complaint that you may have with respect to the App, at:

Conduit Ltd. 5 Golda Meir Street Nes- Ziona, Israel 74140 Email: support@como.com [Back to key points] Last updated: March 24, 2014