Read the following terms and conditions before using the Handset Detection (http://www.handsetdetection.com) Service. Usage of Handset Detection confirms your agreement to these terms.
Handset Detection is owned and operated by Teleport Corp Pty Ltd (http://www.teleport.com.au)
By installing, accessing or logging into the Service, you accept the terms of this agreement. If you do not agree to the terms of this agreement, do not access our API or use the Service. If you confirm acceptance of this agreement, the following terms apply.
1. Use of This Service
Under the terms of this agreement We allow you to access and use the Service using the API for the purpose of receiving mobile device information for your own/client websites. You must take full responsibility for any use of the account(s) and keeping your access details safe and secure.
In consideration of your use of the Service, you agree to: a) provide true, accurate, current, and complete information about yourself as prompted by the Registration Form; and b) update your Registration data to keep it true, accurate, current, and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your Account and refuse current or future use of the Service.
We reserve the right to terminate your Account and cancel Affiliate payments at any time we deem appropriate.
You are permitted to use Handset Detection (the Script) solely for the purposes of using the Service but only so long as:
– You do not include the Script in any websites that are unlawful; and
– You indemnify us from any claims, including Lawyer fees, related to Your Websites.
3. Scope of License
The Service (including the Script) is licensed, not sold. This agreement only gives you some rights to access and use the Service. We reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the Service (including the Script) only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Service that allow you to use it only in certain ways. You may not:
– work around any technical limitations in the Service or introduce or use any device, software, or routine that interferes or attempts to interfere with the operation of the Service; or
– reverse engineer, decompile or disassemble the Service, except and only to the extent that applicable law expressly permits, despite this limitation; or
– rent, lease, sublicense, or lend the Service or any of its components.
3a. Site Licences
Under the terms of a site licence we make our device databases (the Database) available to you for use.
If you have purchased a site licence it is for your exclusive use on servers associated with the licenced domain only.
You may not, nor may you permit others to:
– Redistribute any data, files or derived works; or
– Allow anyone other than yourself or your employees to access the Databases without Teleport’s express written permission; or
– Offer detection services to external parties; or
– Store in a retrieval system accessible to the public, display to others, or sublicense our Database
– Create compilations or derived works; or
– Use the Database to develop a similar service, or other information resource in any media;
4. User Data; Personal Information and Privacy
The Service is subject to International export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Script. These laws include restrictions on destinations, end users and end use.
We are not obligated to provide any technical or other support (“Support Services”) for the Service. However, if we provide any Support Services to You, Your use of such Support Services will be governed by our policies. With respect to any technical or other information You provide to us in connection with the Service or any Support Services, You agree that we have an unrestricted right to use such information, including for product support and development. We will not use such information in a form that personally identifies You.
You have the ability to give feedback, and we really like it when we get feedback. You grant us, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also grant to us and any third parties, without charge, any patent rights necessary for their products, technologies and services to use or interface with any specific parts that incorporates your feedback.
We reserve the right to discontinue offering Service or to modify the Service at any time at our sole discretion. If you are dissatisfied with any aspect of the Service at any time, your sole and exclusive remedy is to cease using it. Notwithstanding anything contained in the agreement to the contrary, we may also, at our sole discretion, terminate or suspend access to the Service to you at any time. You acknowledge that termination and/or monetary damages may not be a sufficient remedy if you breach this agreement and that we will be entitled, without waiving any other rights or remedies, to injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction in the event of a breach. Upon the expiration or any termination of this Agreement, you must cease using the Service. This Section and Sections 2 (but only with regard to your obligation to provide indemnification for claims occurring prior to termination), 4 (but only with regard to User Information collected prior to termination), 6 to 13 survive termination of this agreement or any discontinuation of the Service.
9. Modifications; Notices
If we change this agreement, then we will give you notice before the change is in force. If you do not agree to these changes, then you must cancel and stop using the Service before the changes are in force. If you do not stop using the Service, then your use of the Service will continue under the changed agreement. Notification of any changes to this agreement will be posted on our website
You agree to indemnify and hold us, our directors, employees, suppliers, and affiliates, harmless from and against any losses, damages, fines and expenses (including legal fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party’s rights, in violation of any law, in violations of any terms of these Terms of Service, or other claim related to your use of the Service.
11 Applicable Law
If you acquired the Service in Australia, Victorian state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
11.2. Outside of Australia
If you acquired the Service in any other country, the laws of that country apply.
12. Legal Effect
This agreement describes certain legal rights. You may have other rights under the laws of Your country. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
13. Disclaimer of Warranty
The Service (including the Script and API) is supplied “as-is.” You bear the risk of using it. We give no express or implied warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, we exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.