Ayamote, Inc. ("Ayamote" or "we," or "us") provides the Services subject to the following terms and conditions.
When services from other mobile applications and/or Web Sites are made available through the Services (e.g., by logging into a Service using a social media username and password), you agree to be legally bound by the terms and conditions and privacy policies of those other applications and/or Web sites.
Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into this Agreement. ull;You are someone (or you work for someone) to whom we want to advertise or market our services. In this case, we may have obtained your details directly from you (for example, via our website) or from another source.
Here are some of the promises you make to us in this Agreement:
2.1. Minimum Age for Eligibility
You must be the Minimum Age to use our Services.
You must be thirteen (13) years or older (the "Minimum Age") to use the Services. If you are between the ages of thirteen (13) and eighteen (18), you must have parental consent to use the Services.
If law requires you to be older in order for Caller ID to provide the Services to you, including the collection, storage, and use of your contact information, then the Minimum Age is the legally required older age. The Services are not for use by anyone under the age of 13 years.
2.2. Restrictions on Use of Data
You promise to only use our data for your own personal, lawful use.
As part of the Services, Caller ID provides you with the ability to identify individuals and businesses. Without in any way limiting any other restrictions in this Agreement, you agree that you will use all such information (the "Caller ID Data") for your own personal (i.e., non-commercial use) in a strictly lawful manner. Among other limitations, you may not:
•Use any Caller ID Data for marketing purposes, including, but not limited to, making telemarketing calls, transmitting unsolicited paper mail, facsimile messages, text messages, email messages, or any other type of messages;
•Compile the Caller ID Data in a database (other than your device's address book) and store such data for any future use;
•Use any Caller ID Data for tortuous purposes, including to stalk, harass, or threaten any individual;
•Publish, transmit, distribute, or resell any Caller ID Data; or
•Store Caller ID Data via physical media, or data mine or otherwise aggregate information or data made available through any Services for any purpose outside the scope of this Agreement, or any other applicable agreement between Caller ID and you.
3.1. Add or Edit Personal Listings
To add a personal listing, or edit one already contained in the Services, you will need to create an account using your phone number, email address and/or social media account credentials. You have the right to edit or suppress certain information.
This section applies to your use, if any, of a Service that allows you to create or modify a personal listing, and allows other users to contact you through our services (without the need to publish or disclose your email address) (a "Listing Service"). By using a Listing Service, you understand and agree that you may receive unsolicited email, phone calls, and/or text messages from other users of the Services, which may cause you to incur messaging, data, and other rates and fees per your cellular service plan. You should check with your carrier to find out what rates and fees may apply.
In connection with your use of a Listing Service, you specifically represent and warrant the following:
•you are at least eighteen (18) years old; and
•you have the right to add the content that you add to your directory listing.
3.2. Content You Provide or Transmit
You also agree that we may collect and use technical information such as your IP address, device ID and other information, including, but not limited to, technical data about your mobile device and system software and peripherals, to facilitate the provision of software updates, product support and other services to you related to the Services.
3.3. No Obligation to Monitor
Caller ID is not required to monitor the Services, but we can choose to do so and we have the right to perform certain actions in response to that monitoring.
We have no obligation to monitor content you provide and submit through the Services, including, but not limited to, the Send a Message Services and Listing Services. Therefore, you accept that you, via the Services, may be exposed to information that is erroneous or otherwise objectionable.
Even though we are not obligated to monitor content, we do reserve the right to monitor and review any content that you provide, submit or transmit while using the Services, for the purpose of operating the Services, to ensure your compliance with this Agreement, or to comply with applicable law or the requirement of a court, administrative agency or other governmental body.
We may edit or refuse to send or post any content you add to your directory listing, in whole or in part, or remove any content, in whole or in part, in our sole discretion. In the event that you lose rights to any content you provided, added, or transmitted to or through our database (whether or not you kept it private) for any reason (including porting your cell phone number), you hereby agree that you will use the relevant Listing Service to remove such content.
You understand and agree that Caller ID will not be liable for any content publicly posted or privately transmitted through the Services. You understand and agree that we cannot guarantee the identity, statements or representations of any other users with whom you may interact in the course of using the Services. Additionally, we cannot guarantee that any content, obtained from our users or otherwise, is accurate, complete, authentic, current or reliable.
We own or control the Services and are allowing you to use them. We may, however, stop you from using the Services at any time, for any reason, and we can discontinue the Services for any or no reason.
Unless otherwise indicated, the Services, and all content and other materials available on or through the Services, including, without limitation, directory listing data (collectively, the "Materials"), are proprietary to Caller ID or its affiliates or licensors, and are protected by U.S. and international intellectual property laws. Subject to your compliance with the terms and conditions of this Agreement, and in consideration of your promises reflected herein (and with respect to any services requiring payment of fees, your payment of such fees), we grant to you a personal, non-exclusive, limited license for your own personal, non-commercial use (except where explicitly provided otherwise), to (i) access and use the Services, (ii) cause the Materials to be displayed from a single computer or mobile device, and (iii) use the Materials, solely as permitted under this Agreement (the "License"). The license does not allow you to use Caller ID's name or trademarks. All rights and licenses not expressly granted to you in this Agreement are retained by Caller ID.
Caller ID may revoke or terminate the License granted above in its sole discretion, at any time. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in this Agreement or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Services or Materials, or (iii) use the Services or the Materials other than as specifically authorized in this Agreement, without our prior written permission.
Caller ID may discontinue, terminate, suspend or shut down the Services at any time, for any or no reason. We may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, making such notice available on or through the Services or otherwise publicly announcing such discontinuation, termination, suspension or shut-down. Upon any such action by Caller ID, your License shall automatically terminate with respect to the affected Services and you must immediately stop using all affected Services.
5.1. You agree that you will do the following:
•You will comply with all laws, including without limitation, U.S. export control laws, applicable to your use of the Services and Materials.
5.2. You agree that you will not do the following:
•Engage in any unauthorized use of the Services or Materials (including, without limitation, political campaigning, advertising, marketing, solicitations, promotions, resale or any commercial uses);
•Transmit or otherwise make available any content that: (i) you do not have the right to transmit using the Services, (ii) may expose Caller ID or its affiliates, licensors, or users, to any harm or liability, or (iii) is unlawful;
•Transmit or otherwise make available any content that 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;
•Post, publish, or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
•Copy any portion of the Services or Materials or any underlying content or source code;
•Reverse engineer, disassemble, decipher or decompile any portion of the Services or Materials, or otherwise attempt to discover or re-create the source code to any software;
•Distribute the software or source code behind the Services or Materials to any third party;
•Except as otherwise expressly permitted by Caller ID, make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Services or Materials;
•Remove, alter, or obscure any copyright or other proprietary notices of Caller ID or its affiliates or licensors in any portion of the Services or Materials;
•Violate the intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
•Obscure or disable any advertisements that may appear on or through the Services;
•Use any type of automated means to utilize the Services or Materials;
•Access without authorization any networks, systems, or databases used in providing the Services, or any accounts associated with Services, or access or use any information contained therein for any purpose;
•Attempt to probe, test, hack, or otherwise circumvent any security measures;
•Violate any requirements, policies, procedures or regulations of any network connected to the Services;
•Use any of the Services in any manner that could damage, disable, overburden, or otherwise impair the Services (or the networks connected to the Services);
•Interfere with or disrupt the use and enjoyment by others of the Services or the Materials;
•Falsely state, impersonate, or otherwise misrepresent your identity or your affiliation with any person or entity;
•Use the Services or Materials to send unsolicited email, "spam," or promotions or advertisements for products or services;
•Use the Services or Materials in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
•Use the Services or Materials in any manner that exposes Caller ID to any harm or liability of any nature;
•Use the Services or Materials in violation of any federal, state, or local law, rule, or regulation, whether now existing or enacted in the future;
•Copy (except in the course of loading or installing) or modify any Services, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Services;
•Transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party;
•Make the functionality of the Services available to multiple users through any means, including but not limited to by uploading one of our apps to a network;
•Engage in "framing," "mirroring" or otherwise simulating the appearance or function of the Services;
•Use manual or automated software, devices, scripts robots, other means or processes to access, scrape, or crawl, the Services or any related data or information;
•Monitor the Services' availability, performance or functionality for any competitive purpose.
Caller ID has the right to investigate and bring claims for violations of any of the above to the fullest extent of the law. We may, but are not required to, provide notice of such violations beforehand. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate certain terms of this Agreement.
6.1. Disclaimer of Warranty
This is our disclaimer of legal liability for the Services.
THE SERVICES AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND MATERIALS IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR MATERIALS AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE SERVICES OR MATERIALS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CALLER ID AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR MATERIALS.
WITHOUT LIMITING THE FOREGOING, NEITHER CALLER ID NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE "CALLER ID PROVIDERS") REPRESENT OR WARRANT (I) THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT THE SERVICES OR MATERIALS WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR MATERIALS WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH ANY SERVICES; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE SERVICES OR MATERIALS ARE NON-INFRINGING.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations and exclusions may not apply to you.
6.2. Limitation of Liability
These are the limits of our legal liability.
IN NO EVENT SHALL ANY OF THE CALLER ID PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE SERVICES OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE SERVICES OR MATERIALS, (II) ANY INABILITY TO USE THE SERVICES OR MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY SERVICES, IN EACH CASE EVEN IF THE CALLER ID PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CALLER ID PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR MATERIALS EXCEED ONE HUNDRED UNITED STATES DOLLARS.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.
6.3. Indemnification Obligations
We are not liable for any wrongs related to your use of the Services.
You agree to hold harmless, defend and indemnify the Caller ID Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of any of the Services or Materials, including, without limitation, any actual or threatened suit, demand or claim made against any Caller ID Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of this Agreement; (iii) your use of any of the Services or Materials; or (iv) any content that you store on or transmit through the Services. Caller ID may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Caller ID in such event.
In case you are one of our users, we may process your personal data for the purposes listed below.
7.1. Third-Party Links
Caller ID is not responsible or liable for the links to third-party Web sites or applications that we make available for your convenience.
Caller ID may, as a convenience to its users, make links to third-party Web sites or applications ("Third Party Applications") available on or through the Services. In addition, certain Services may access your accounts for third-party services. Caller ID does not make any representation, warranty or guarantee regarding any Third Party Applications. Caller ID is not responsible or liable for: (i) the availability, functionality, or accuracy of such Third Party Applications; (ii) the information, content, products, or services on or available therefrom; or (iii) any damages or loss caused or alleged to be caused by or in connection with the use of or reliance on such Third Party Applications or the information, content, products, or services on or available therefrom. Access to such Third Party Applications does not imply any endorsement by Caller ID. You acknowledge sole responsibility for and assume all risk arising from your use of any Third Party Applications, as well as all responsibility and risk related to any terms and conditions or other agreements which govern such Third Party Applications.
7.2. General Terms
Some important details about how to read this Agreement, and how Caller ID can change this Agreement at any time.
If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Caller ID reserves the right to revise this Agreement at any time by posting a revised Agreement on this Web site or otherwise making such revised Agreement available through the Services. If we make material revisions to this Agreement, we will use the date at the top of this Agreement to indicate the date it was last revised. The revised Agreement will be effective immediately upon its being posted on this Web site or being made available through the Services. Your use of the Services following the posting of any such revisions will constitute your acceptance of any such revisions. We encourage you to review this Agreement each time you use the Services to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions in this Agreement, you must immediately terminate your use of the Services or Materials.
If we do not enforce a breach of this Agreement, that does not mean that we have waived our right to enforce this Agreement against your or others. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Caller ID may assign this Agreement without consent. There are no third party beneficiaries to this Agreement, other than as explicitly provided herein.
7.3. Additional Terms
Many of our Services are available globally. Additional terms of service may apply to users in certain jurisdictions and will, in such cases, be made available in appendices to this Agreement.