Terms of Use | Callsign

Terms of Use for the Callsign Service

Binding Contractual Terms

iOS Terms of Use

These Terms of Use relate to the use of the service known as the Callsign mobile application provided through Apple’s App Store (the “Service”), an online application providing a facility for inputting, retaining and sharing personal details including names, addresses, telephone numbers, email addresses and other types of contact information with others and for identity authentication (together the “Purpose”). The Service is provided by Callsign Inc., a company registered in Delaware, USA (company number 4943070) of 2225 East Bayshore Road Palo Alto, California 94303, USA (“Callsign”).

Upon registration to the Service and acceptance of these Terms of Use, these Terms of Use shall become a binding contract between Callsign and the person or entity subscribing to the Service (the “Subscriber”).

By downloading and/or using the Service, you signify your agreement to these terms and conditions (the “Terms of Use”). You acknowledge (a) that you have read and understood these Terms of Use; and (b) that these Terms of Use have the same force and effect as a signed agreement.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

ATTENTION: PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS PART OF THESE TERMS OF USE, CAREFULLY BEFORE USING THE SERVICE. DOWNLOADING OR USING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE AND DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS IMMEDIATELY.

We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Service. You agree that Callsign shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Service (or any portion of the Service). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms of Use.

These Terms of Use were last revised on February 10th 2014. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF USE.

These Terms of Use include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by you. Please review those sections (and all of the other terms) carefully.

Definitions

Intellectual Property Rights (or IPR): all intellectual and industrial property rights whether registered or not including rights in confidential information and know-how and any right of equivalent or similar effect anywhere in the world.

Callsign IP: all IPR subsisting in or relating to the Service including the computer code and other system elements underlying the Callsign application, software screens, all design elements and artwork, templates, layout designs and design facilities included in the Service, the concepts and ideas underlying the Service, all statistical and analytical data captured by or through the Service and the trade mark CALLSIGN and any other trade marks, trading names or signs adopted and used from time to time by Callsign in relation to the Service.

Access To and Use of the Service

The Service is a subscriber only facility. Initial access to the Service is allowed to the Subscriber via downloading the application and registering to use the Service. Thereafter, the Service can be used by the Subscriber without restriction, save that certain functionalities may require the use of passcodes, which may be chosen or changed by the Subscriber or issued by Callsign.

Subscribers are allowed access to the Service solely for the Purpose. Any use for any other purpose is strictly prohibited. The Subscriber is responsible for compliance with these Terms of Use and undertakes to ensure that it does not use the Service for any purposes other than the Purpose.

Callsign reserves the right to block a Subscriber’s access the Service if it has reason to believe that the Service is being misused for purposes other than the Purpose.

The Subscriber is free to terminate his or her account at any time and any passcodes will be disabled upon termination.

Term

The Service will be provided from the date on which the Subscriber registers for the Service and accepts these Terms of Use and shall continue until terminated.

Security Measures

Callsign will apply reasonable measures to protect the security of the information provided uploaded by the Subscriber when using the Service, to allow such information to be accessible to such other Subscribers with whom the Subscriber has elected to share his/her details and shared only as envisaged by the Service.

It is the Subscriber’s responsibility and obligation to protect the security of his or her log-in details and passwords. Callsign strongly recommends that such access details should not be shared with any person.

Callsign shall be entitled (but not required) to apply security measures to protect the Service and the Callsign IP and shall be entitled to block users (or IP addresses) identified or suspected as being used to access the Service without authorisation or for unlawful purposes including for disrupting or damaging the Service.

The Subscriber shall notify Callsign of any activity on the Service suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorised access to, or cause any damage to the Service.

The Subscriber shall notify Callsign immediately of any security breach involving the Service which it becomes aware of including any loss of personal information and any incident where personal information (relating to the Subscriber) becomes available to unauthorised persons through the Service.

Callsign shall be entitled to use non-personal information processed on the Service, without limitation, to obtain technical, statistical or other information. Any databases of non-personal information which Callsign may create out of the information on the Service from time to time shall be part of the Callsign IP.

The Subscriber may, at any time, add, modify, update or remove his/her personal details from the Service.

User Generated Content

The Subscriber shall not upload to or share via the Service any data or other content (“User Generated Content”) that includes anything that may or may be alleged as being unlawful, defamatory, infringing of third party rights (including any third party IPRs) or in breach of any duty (including confidentiality duties) to third parties, or otherwise giving rise to third party liability, offensive, misleading, obscene, discriminatory, racist or otherwise contrary to generally acceptable ethical or moral standards in the United States or otherwise objectionable (“Inappropriate Material”).

Callsign does not monitor the use of the Service by Subscribers and does not screen User Generated Content and does not take any other steps to ensure that Inappropriate Material is not uploaded to or shared via the Service. The Subscriber shall notify Callsign as soon as it becomes aware of any Inappropriate Material that is uploaded to or shared via the Service. Callsign reserves the right (but shall not be obliged) to block or delete any content that it reasonably deems to be Inappropriate Material of which it becomes aware without notice to the Subscriber and to block access to the Service to any Subscriber who uses the Service to publish or share Inappropriate Material and to report such activity to the police, regulators or other public authorities if it is suspected of being unlawful.

Use of Third Party IPRs

Without derogation from any other provision in these Terms of Use, the Subscriber will not use third party IPRs, or any word or sign confusingly similar to a third party IPR, as his or her user name or account name or as part of User Generated Content. Callsign reserves the right (whether in response to a complaint from a third party or on its own initiative) to block, delete or remove from the Service any user name, account name or other User Generated Content that incorporates or which Callsign deems to be infringing or misusing any third party IPRs and to transfer any such user name or account to the owner of such third party IPR.

Intellectual Property

As between the parties, Callsign is the sole owner of and has the exclusive right to exploit, use, license, sell, reproduce, modify or adapt any and all parts of the Service and the Callsign IP including the structure, design and layout of the Service, the screens, interfaces, functionalities, the computer code that operates the Service, the artistic work, data captured by the Service (without prejudice to the Subscriber’s rights under applicable law and under these Terms of Use in relation to Personal Information) and any databases comprising such data, any trading name and trade marks and any other names, logos, slogans and other signs used in relation to the Service, the get-up of the Service, and the domain names and email addresses used by the Service.

The Subscriber agrees and acknowledges that it shall not acquire and it irrevocably disclaims any right, title, interest or licence in or under any of the Callsign IP, except the limited right to access and use the Service during the Term in accordance with these Terms of Use.

Access to The Service/Users Who Violate Terms of Use

Callsign hereby grants you permission to use the Service as set forth in these Terms of Use, provided that: (1) you will not copy, download or distribute any part of the Service in any form or medium without Callsign’s prior written authorization; (2) you will not alter, modify, or make derivative works from any part of the Service without Callsign’s prior written authorization; and (3) you will otherwise comply with these Terms of Use.
Callsign may, at its sole discretion, disable or terminate the accounts of users who violate these Terms of Use, including, but not limited to, the accounts of users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly.

Restrictions on Use of the Service

In your use of the Service, you shall not:

provide false personal information or create an account for anyone other than yourself without permission;
If we disable your account, you will not create another one without our permission;
share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
assign or transfer your account or login information to anyone;
post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law;
upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
impersonate or misrepresent any person or entity or your affiliation with someone else;
remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service; or
post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service.
Callsign will fully cooperate with any law enforcement authorities or court order requesting or directing Callsign to disclose the identity of anyone violating these Terms of Use.
Callsign believes in children’s online safety and does not wish to receive information regarding children under 13 years old. Therefore, you may not post or submit any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the Service. If you are under 13 years of age, then please do not attempt to submit any information to or use the Service.

Warranties

The Subscriber warrants and represents to Callsign as set out below:

The information provided to Callsign on any registration or application form, profile sheet, by email, postings, telephone or through other means including all personal details, contact details and all other data provided to Callsign are true in all respect, up-to-date and not misleading in any way.
The Subscriber will keep the information referred to in paragraph (1) up to date.
The Subscriber will not access the Service under false identity or pretext and shall not use it to falsify the subscriber’s or any other person’s identity (however, this shall not prevent the subscriber from using an adopted name provided the name is used lawfully and in good faith).
The Subscriber will use the Service lawfully and in good faith.
The Subscriber will keep his or her log-in details and password secured and will not share such information with third parties.

Disclaimer of Warranties

THE SERVICE IS PROVIDED TO THE SUBSCRIBER ON AN “AS IS” BASIS. CALLSIGN GIVES NO WARRANTY NOR MAKES ANY REPRESENTATION IN RELATION TO THE SERVICE OR THE CALLSIGN IP. CALLSIGN EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW AND THE SUBSCRIBER WAIVES ANY REPRESENTATION OR WARRANTY ON THE PART OF CALLSIGN RELATING TO SERVICE OR THE CALLSIGN IP THAT MAY BE IMPLIED BY THESE TERMS OF USE, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, CALLSIGN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES LINKED TO THE SERVICE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. CALLSIGN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

Indemnity

THE SUBSCRIBER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CALLSIGN, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES (“INDEMNIFIED PERSONS”) FOR ANY LOSS, DAMAGE, COST, LIABILITY, AND ATTORNEY’S FEES ARISING TO ANY INDEMNIFIED PERSONS AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE INDEMNIFIED PERSONS IN CONNECTION WITH ANY BREACH BY THE SUBSCRIBER OF THESE TERMS OF USE, INCLUDING ANY BREACH OF WARRANTY, OR ANY MISREPRESENTATION OR NEGLIGENCE BY THE SUBSCRIBER IN RELATION TO (1) THE SUBSCRIBER’S SUBSCRIPTION TO THE SERVICE, (2) THE SUSCRIBER’S ACCESS TO, USE OR MISUSE OF THE SERVICE, INCLUDING ANY POSTING OR UPLOADING OR SHARING OF INAPPROPRIATE MATERIAL, AND (3) ANY ACTIVITY RELATED TO THE SUBSCRIBER’S APPLE ID OR OTHER INTERNET ACCOUT, OR USING THE SUBSCRIBER’S EMAIL ADDRESS AND PASSWORD BY THE SUBSCRIBER OR ANY OTHER PERSON ACCESSING THE SERVICE USING SUBSCRIBER’S ACCOUNT OR EMAIL ADDRESS.

IF CALLSIGN DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, CALLSIGN WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO CALLSIGN.

Limitations on Liability

IN NO EVENT SHALL CALLSIGN BE LIABLE TO THE SUBSCRIBER UNDER THESE TERMS OF USE OR IN CONNECTION WITH ITS PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR ITS NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OR REPUTATION, GOODWILL OR BUSINESS, EVEN IF CALLSIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

CALLSIGN SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT THE SUBSCRIBER MAY INCUR, OR TO ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM CALLSIGN’S NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (4) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (6) USER SUBMISSIONS, THIRD PARTY WEBSITES, AND/OR (7) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHEREIN SUCH CONTENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CALLSIGN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

CALLSIGN SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT THE SUBSCRIBER OR ANY OTHER PERSON MAY INCUR, OR TO ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM OF THE SUBSCRIBER’S BREACH OF HIS OR HER WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO KEEP LOG-IN DETAILS AND PASSWORD SECURE OR FROM THE SHARING OF THESE DETAILS WITH ANY OTHER PERSON.

CALLSIGN’S MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF USE OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE (SAVE FOR AN EXPRESS INDEMNITY) SHALL BE LIMITED TO $50 USD.

Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

A party shall not be in breach of these Terms of Use, nor liable for any failure or delay in performance of any of its obligations under these Terms of Use where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power cuts electronic or communication network breakdowns (“Force Majeure Events”). In the event of a Force Majeure Event affecting the provision of the Service by Callsign, Callsign shall use reasonable efforts to notify Subscribers through the Service or through its website or by email communication.

Termination of The Service

Callsign may terminate the Subscriber’s subscription to the Service without notice, in the event the Subscriber:

breaches these Terms of Use including any warranties;
misuses or challenges Callsign’s rights in the Callsign IP; or
uses or attempts to use the Service for purposes other than the Purpose.

Callsign may at any time discontinue the Service altogether or modify the Service and such modifications may adversely affect the use of the Service by Subscribers. Callsign shall use reasonable endeavours to notify Subscribers of the cessation of the Service or any changes that would impact on the Subscribers’ use of the Service. Callsign may give such notices through the Service or on its website or by email communications.

The Subscriber may, at any time, unsubscribe from the Service.

Upon the termination of a subscription or termination of the Service:

the Subscriber’s right to access and use the Service shall immediately terminate; and
all Personal Information and User Generated Content of the Subscriber shall be permanently deleted from the Service, save that –
copies of the Subscriber’s data may remain stored for limited periods of time on back-up media which shall be cleansed from time to time;
Personal Information or other User Generated Content that the Subscriber shared with other Subscribers through the Service will remain stored, as current immediately before the Subscriber left the Service, on such other Subscribers’ devices and will remain under their sole control;
Callsign reserves the right to retain records of the Subscriber’s Personal Information or other User Generated Content posted on the Service by the Subscriber if it reasonably requires to keep such records for legal purposes including to comply with its legal or regulatory duties, to investigate and respond to complaints (including from other Subscribers), to enforce these Terms of Use or to defend itself against any claim or legal threat or allegations or if it requires to retain such data for other legitimate reasons; and
Callsign shall be entitled to retain any data in non-Personal Information form which may have been extracted or obtained from the Subscriber’s Personal Information or other User Generated Content including any aggregated, anonymised or otherwise de-personalised data.

General

Nothing in these Terms of Use shall create, or be deemed to create, a partnership or joint venture and shall not be construed as giving rise to the relationship of principal and agent between the parties.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

Except as to Apple as described in the Apple-required terms below, Callsign and Subscriber do not intend to confer, and these Terms of Use shall not be construed as conferring, any right, remedy, obligation or liability of any kind on any person other than Callsign, Subscriber, and their successors and assigns.

No modification, alteration or waiver of any of the provisions of these Terms of Use shall be effective unless in writing and signed on behalf of each of the Parties.

No omission or delay on the part of either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any right or remedies provided by law.

These Terms of Use constitute the entire agreement between the parties and supersede all other agreements, statements, letters and other arrangements between the parties in relation to the subject matter hereof. Each party acknowledges that it has not relied on or been induced to enter these Terms of Use by a representation other than those expressly set out in these Terms of Use. This clause does not affect a party’s liability in respect of a fraudulent misrepresentation.

These Terms of Use are governed by California law and the Parties submit to the exclusive jurisdiction of the courts of Santa Clara County, California in relation to any dispute between them arising out of the subject matter of these Terms of Use.

Apple-required terms:

1. Acknowledgement: Callsign and the Subscriber acknowledge that the Terms of Use are concluded between Callsign and the Subscriber only, and not with Apple, and Callsign, not Apple, is solely responsible for the Service and the content thereof.

2. Scope of License: The license granted to the Subscriber for the Service is limited to a non-transferable license to use the Service on any iPhone or iPod touch that the Subscriber owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service.

3. Maintenance and Support: As between Apple and Callsign, Callsign is solely responsible for providing maintenance and support services, if any, with respect to the Service, as specified in the Terms of Use, or as required under applicable law. Callsign and Subscriber acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

4. Warranty: As between Apple and Callsign, Callsign is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, Subscriber may notify Apple, and Apple will refund the purchase price for the Service to Subscriber. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Callsign’s sole responsibility.

5. Product Claims: Callsign and Subscriber acknowledge that Callsign, not Apple, is responsible for addressing any claims of Subscriber or any third party relating to the Service or Subscriber’s possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

6. Intellectual Property Rights: Callsign and Subscriber acknowledge that, in the event of any third party claim that the Service or Subscriber’s possession and use of the Service infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Callsign, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

7. Legal Compliance: Subscriber represents and warrants that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Name and Address: Callsign may be contacted at in connection with any questions, complaints or claims with respect to the Service.

9. Third Party Beneficiary: Callsign and Subscriber acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon Subscriber’s acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against the Subscriber as a third party beneficiary thereof.

Android Terms of Use

Terms of use for the Callsign service

Binding Contractual Terms

These Terms of Use relate to the use of the service known as the Callsign mobile application provided through the Google Play Marketplace for use with a mobile device running Android software (the “Service”), an online application providing a facility for inputting, retaining and sharing personal details including names, addresses, telephone numbers, email addresses and other types of contact information with others and for identity authentication (together the “Purpose”). The Service is provided by Callsign Inc., a company registered in Delaware, USA (company number 4943070) of 2225 East Bayshore Road Palo Alto, California 94303, USA (“Callsign”).

ATTENTION: PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS PART OF THESE TERMS OF USE, CAREFULLY BEFORE USING THE SERVICE. DOWNLOADING OR USING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE AND DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS IMMEDIATELY.

These Terms of Use were last revised on February 27, 2014. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF USE.

These Terms of Use include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by you. Please review those sections (and all of the other terms) carefully.

Definitions

Callsign IP: all IPR subsisting in or relating to the Service including the computer code and other system elements underlying the Callsign application, software screens, all design elements and artwork, templates, layout designs and design facilities included in the Service, the concepts and ideas underlying the Service, all statistical and analytical data captured by or through the Service and the trade mark CALLSIGN and any other trademarks, trading names or signs adopted and used from time to time by Callsign in relation to the Service.

Access to and Use of the Service

Callsign reserves the right to block a Subscriber’s access to the Service if it has reason to believe that the Service is being misused or used for purposes other than the Purpose.

The Subscriber is free to terminate his or her account at any time, and any passcodes will be disabled upon termination.

Term

The Service will be provided from the date on which the Subscriber registers for the Service and accepts these Terms of Use and shall continue until terminated.

Security Measures

Callsign will apply reasonable measures to protect the security of the information provided and uploaded by the Subscriber when using the Service, to allow such information to be accessible to such other Subscribers with whom the Subscriber has elected to share his/her details and shared only as envisaged by the Service.

Callsign shall be entitled (but not required) to apply security measures to protect the Service and the Callsign IP and shall be entitled to block users (or IP addresses or other identifiers) identified or suspected as being used to access the Service without authorisation or for unlawful purposes including for disrupting or damaging the Service.

The Subscriber may, at any time, add, modify, update or remove his/her personal details from the Service.

User Generated Content

Intellectual Property

As between the parties, Callsign is the sole owner of and has the exclusive right to exploit, use, license, sell, reproduce, modify or adapt any and all parts of the Service and the Callsign IP including the structure, design and layout of the Service, the screens, interfaces, functionalities, the computer code that operates the Service, the artistic work, data captured by the Service (without prejudice to the Subscriber’s rights under applicable law and under these Terms of Use in relation to Personal Information) and any databases comprising such data, any trading name and trademarks and any other names, logos, slogans and other signs used in relation to the Service, the get-up of the Service, and the domain names and email addresses used by the Service.

Use of Third Party IPRs: Without derogation from any other provision in these Terms of Use, the Subscriber will not use third party IPRs, or any word or sign confusingly similar to a third party IPR, as his or her user name or account name or as part of User Generated Content. Callsign reserves the right (whether in response to a complaint from a third party or on its own initiative) to block, delete or remove from the Service any user name, account name or other User Generated Content that incorporates or which Callsign deems to be infringing or misusing any third party IPRs and to transfer any such user name or account to the owner of such third party IPR.

Access to the Service/Users Who Violate Terms of Use

A. Callsign hereby grants you permission to use the Service as set forth in these Terms of Use, provided that: (1) you will not copy, download or distribute any part of the Service in any form or medium without Callsign’s prior written authorization; (2) you will not alter, modify, or make derivative works from any part of the Service without Callsign’s prior written authorization; and (3) you will otherwise comply with these Terms of Use.
B. Callsign may, at its sole discretion, disable or terminate the accounts of users who violate these Terms of Use, including, but not limited to, the accounts of users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly.

Restrictions on Use of the Service

In your use of the Service, you shall not:
- provide false personal information or create an account for anyone other than yourself without permission;
- If we disable your account, you will not create another one without our permission
- share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
- assign or transfer your account or login information to anyone;
- post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law;
- upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
- upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
- impersonate or misrepresent any person or entity or your affiliation with someone else;
- remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service; or
- post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service.
Callsign will fully cooperate with any law enforcement authorities or court order requesting or directing Callsign to disclose the identity of anyone violating these Terms of Use.
Callsign believes in children’s online safety and does not wish to receive information regarding children under 13 years old. Therefore, you may not post or submit any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child on or through the Service. If you are under 13 years of age, then please do not attempt to submit any information to or use the Service.

Warranties

The Subscriber warrants and represents to Callsign as set out below:

The information provided to Callsign on any registration or application form, profile sheet, by email, postings, telephone or through other means including all personal details, contact details and all other data provided to Callsign are true in all respects, up-to-date and not misleading in any way.
The Subscriber will keep the information referred to in paragraph (1) up to date.
The Subscriber will not access the Service under false identity or pretext and shall not use it to falsify the subscriber’s or any other person’s identity (however, this shall not prevent the subscriber from using an adopted name provided the name is used lawfully and in good faith).
The Subscriber will use the Service lawfully and in good faith.
The Subscriber will keep his or her log-in details and password secured and will not share such information with third parties.

DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED TO THE SUBSCRIBER ON AN “AS IS” BASIS. CALLSIGN GIVES NO WARRANTY NOR MAKES ANY REPRESENTATION IN RELATION TO THE SERVICE OR THE CALLSIGN IP. CALLSIGN EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW AND THE SUBSCRIBER WAIVES ANY REPRESENTATION OR WARRANTY ON THE PART OF CALLSIGN RELATING TO SERVICE OR THE CALLSIGN IP THAT MAY BE IMPLIED BY THESE TERMS OF USE, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, CALLSIGN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES LINKED TO THE SERVICE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. CALLSIGN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

Indemnity

THE SUBSCRIBER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CALLSIGN, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES (“INDEMNIFIED PERSONS”) FOR ANY LOSS, DAMAGE, COST, LIABILITY, AND ATTORNEY’S FEES ARISING TO ANY INDEMNIFIED PERSONS AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE INDEMNIFIED PERSONS IN CONNECTION WITH ANY BREACH BY THE SUBSCRIBER OF THESE TERMS OF USE, INCLUDING ANY BREACH OF WARRANTY, OR ANY MISREPRESENTATION OR NEGLIGENCE BY THE SUBSCRIBER IN RELATION TO (1) THE SUBSCRIBER’S SUBSCRIPTION TO THE SERVICE, (2) THE SUSCRIBER’S ACCESS TO, USE OR MISUSE OF THE SERVICE, INCLUDING ANY POSTING OR UPLOADING OR SHARING OF INAPPROPRIATE MATERIAL, AND (3) ANY ACTIVITY RELATED TO THE SUBSCRIBER’S INTERNET OR GOOGLE PLAY ACCOUNT, OR USING THE SUBSCRIBER’S EMAIL ADDRESS AND PASSWORD BY THE SUBSCRIBER OR ANY OTHER PERSON ACCESSING THE SERVICE USING SUBSCRIBER’S ACCOUNT OR EMAIL ADDRESS.

Limitations on Liability

A party shall not be in breach of these Terms of Use, nor liable for any failure or delay in performance of any of its obligations under these Terms of Use where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power cuts electronic or communication network breakdowns (“Force Majeure Events”). In the event of a Force Majeure Event affecting the provision of the Service by Callsign Callsign shall use reasonable efforts to notify Subscribers through the Service or through its website or by email communication.

Termination of The Service

Callsign may terminate the Subscriber’s subscription to the Service without notice, in the event the Subscriber:

breaches these Terms of Use including any warranties;
misuses or challenges Callsign’s rights in the Callsign IP;
or uses or attempts to use the Service for purposes other than the Purpose.

The Subscriber may, at any time, unsubscribe from the Service.

Upon the termination of a subscription or termination of the Service:

the Subscriber’s right to access and use the Service shall immediately terminate; and
all Personal Information and User Generated Content of the Subscriber shall be permanently deleted from the Service, save that –
copies of the Subscriber’s data may remain stored for limited periods of time on back-up media which shall be cleansed from time to time;
Personal Information or other User Generated Content that the Subscriber shared with other Subscribers through the Service will remain stored, as current immediately before the Subscriber left the Service, on such other Subscribers’ devices and will remain under their sole control;
Callsign reserves the right to retain records of the Subscriber’s Personal Information or other User Generated Content posted on the Service by the Subscriber if it reasonably requires to keep such records for legal purposes including to comply with its legal or regulatory duties, to investigate and respond to complaints (including from other Subscribers), to enforce these Terms of Use or to defend itself against any claim or legal threat or allegations or if it requires to retain such data for other legitimate reasons; and
Callsign shall be entitled to retain any data in non-Personal Information form which may have been extracted or obtained from the Subscriber’s Personal Information or other User Generated Content including any aggregated, anonymised or otherwise de-personalised data.

General

Callsign and Subscriber do not intend to confer, and these Terms of Use shall not be construed as conferring, any right, remedy, obligation or liability of any kind on any person other than Callsign the Indemnified Persons, Subscriber, and their successors and assigns.

No modification, alteration or waiver of any of the provisions of these Terms of Use shall be effective unless in writing and signed on behalf of each of the Parties.