End-User License Agreement

Acceptance of Terms

This is an agreement between Skramblr Communications Holdings Limited, a UK corporation (“Skramblr"), the owner and operator of www.Skramblr.com (the “Skramblr Site”), the Skramblr software, which includes Skramblr Messenger (collectively, including animations, “Skranimations”, greetings and all content provided by Skramblr through Skramblr Messenger and the Skramblr Site, the "Skramblr Service", or the "Service"), and you (“you” or “You”), a registered user of the Service. By registering, downloading and using the service, you fully understand and agree to be bound by these terms of service, and by Skramblr's privacy policy, which can be viewed at http://www.Skramblr.com/Privacy. These terms are incorporated herein. If you do not agree with any of these terms, you do not have authority to use the Service.

Skramblr Service and Third Party Websites

These Terms of Service apply to all registered users of the Skramblr Service. Information provided by our users through the Skramblr Service may contain links to third party websites which may not be owned or controlled by Skramblr. For this reason, Skramblr has no control over, and assumes no responsibility for the practices, privacy policies or content of any third party websites. Skramblr cannot censor or edit the content of third-party sites. The continuing use of the Service will mean that you unconditionally acknowledge and agree that Skramblr shall not be responsible for any damages, claims or liabilities that may be deemed to arise from or be related to your use of any third-party website.

Approval to Use Skramblr’s Service

Upon your compliance with these Terms of Service, Skramblr grants you authority to use the Service, on condition that:


Scope of License:

This EULA, granted to you, (the end-user) for the Licensed Application is limited to a non-transferable license to use the Licensed Application (Skramblr) on any mobile device, Android, iPhone or iPad touch or other mobile operating system driven devices that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store and Google Play Terms of Service and this EULA.

Intellectual Property Rights

All designs, interactive features, trademarks, service marks and logos contained within The Service ("Marks"), are owned by or licensed to Skramblr and are subject to copyright and other intellectual property rights under The Laws of Ireland and foreign laws and international conventions. Skramblr is provided to you AS IS for your communications and personal enjoyment only. Skramblr reserves all rights not expressly granted in and to the Service. Under the terms of this user agreement, you will not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein. This includes copying or distribution of Status Updates of third parties that you have obtained through the Service for any commercial benefit.

Maintenance and Support:

This EULA provides that Skramblr is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified within this EULA, or as required under applicable law. Skramblr and you, the end-user, acknowledge that Apple have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

Status Updates on Skramblr

The Skramblr Service allows users to submit text, profile photos and other communications submitted by you, as "Status Updates" within your TimeLine. These may be hosted, shared, and published as part of the Skramblr Service, and as such, may be visible to other users of the Service who have your mobile phone number in their mobile phone and which you have not expressly blocked.

It is important to note that any direct communications such as text, photos and videos or files that you send directly to Skramblr users will only be able to be viewed by those Skramblr users however Status Updates may be globally viewed by any Skramblr users that may have your mobile phone number on their smartphone, unless they are blocked by you.

Therefore, under these terms of use, Skramblr cannot guarantee any degree of confidentiality with respect to any submissions and you acknowledge and agree that any Status Updates placed by you may be globally viewed by any users that have your mobile phone number. Do not submit or post status messages or profile photos and information that you expressly do not want to be viewed globally.

Your Status Updates are your own and any user submitted statuses do not necessarily represent the views or opinions of Skramblr. Skramblr makes no assurances as to the accuracy , validity or legal status of any information within a Status Submission.

You affirm and warrant that you have the required legal licenses, rights, consents, and permissions for the use of all patent, trademarks, images and other proprietary rights in and to any and all Status Updates made by you, for inclusion and use in your Status Submissions.
You affirm that you have the written consent, release or permission of each and every identifiable individual person in the Status Submission to use their name or likeness in the manner contemplated by the Service and permitted within these Terms of Service.
By uploading your Status Updates to Skramblr, you hereby grant Skramblr a global, non-exclusive, royalty-free, sub-licensable and transferable license to display, distribute and reproduce the Status Updates in connection with the Skramblr Service and Skramblr's (and its successor's) business, including the promotion, duplication and redistribution of part or all of the Skramblr Service in any media formats and through any media channels.
Users of the Skramblr Service also grant each subscriber to your Status Updates, a non-exclusive license to access your Status Updates, and such licence is terminated upon the removal or deletion of a Status Update.
In your Status Updates, you expressly agree that you will not:
Submit content that is subject to copyright or subject to third party proprietary rights, including privacy and publicity rights, without permission from the rightful owner to post the content and to grant Skramblr all of the license rights granted herein,
Publish misrepresentations, falsehoods, libellous or defamatory content that could damage Skramblr or any third party, including content that is hateful, racially or ethnically offensive, unlawful, threatening, harassing, obscene, or encourages criminal conduct, violate any law, or is reasonably determined to be inappropriate,
Impersonate another person for the purposes of personal gain, for a commercial activity or to place another person at a disadvantage,
Transmit or purposefully store material containing harmful computer code such as software viruses, worms, Trojan horses or other corrupted files or programs,
Undertake any action to interfere with or disrupt the integrity or performance of Skramblr’s Service or the data contained within the Service,
Access the Skramblr Service or its related systems or networks in any way without authority or demonstrable legal right.
Objectionable content of any type will not be tolerated. Any form of adult content must be clearly identified as such and may not be shared or broadcast to users. Skramblr does not endorse any Status Update or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Status Updates. Skramblr will remove any content and Status Updates if it is determined that such content or Status update may be objectionable, offensive or infringes on another person's intellectual property rights.
If you feel your copyright has been challenged by content posted on Skramblr, please send a written communication that includes substantially your claims as to infringement and please follow Section 512(c)(3) of the Digital Millennium Copyright Act.
Skramblr expressly reserves the right to take down content including Status Updates without prior notice and also terminate a user's access to the Service, for any reason if it is determined that the user’s ongoing participation is not within the spirit and intention of these terms and conditions of use.
Skramblr is not responsible for the content, accuracy, appropriateness or IP rights of or relating to any Status updates.
Whilst it is clearly stipulated in the terms here, that Skramblr will not tolerate the posting of any objectionable content, you acknowledge that you may be exposed to Status Updates that may be offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Skramblr with respect thereto. You agree to indemnify and hold Skramblr, its directors, officers, agents, affiliates, employees and licensors completely harmless to the fullest extent allowed by law regarding any matters relating to your use of the Skramblr Service.
Skramblr reserves the right to discontinue any aspect of the Skramblr Service at any time.
Skramblr permits you to link to materials on the Service for personal purposes only.

Skramblr is not designed to be used for Emergency Calls

The Skramblr Messaging Service cannot be relied upon for emergency calls, such as ones made to Health Authorities, Ambulance, law enforcement agencies, maritime safety authorities, fire brigade, or other emergency services.

Warranty Disclaimer

By using the Skramblr Service, you agree that your use of the service shall be at your sole risk. To the fullest extent permitted by law, skramblr, its directors, officers, agents, affiliates, employees and licensors disclaim all express or implied warranties in connection with the service and your use thereof.
Warranty: Skramblr is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. This EULA provides that, in the event of any failure of the Licensed Application or any product sold through the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
Product Claims: Skramblr and the end-user must acknowledge that Skramblr, not Apple, are responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This EULA may not limit Skramblr’s liability to the end-user beyond what is permitted by applicable law. Skramblr makes no warranties or representations about the appropriateness, accuracy or completeness of content and accepts no liability or responsibility for any inaccuracies of content, errors, mistakes or personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service.
Skramblr makes no warranties or representations regarding any unauthorized access to or use of Skramblr servers and/or any and all personal information and/or financial information stored therein Skramblr makes no warranties or representations regarding any interruption or cessation of transmission to or from our service, any bugs, viruses, Trojan horses, or the like which may be intentionally or unintentionally transmitted to or through The Skramblr service through the actions of any third party.
Skramblr makes no warranties or representations regarding any errors or omissions in posted content or for losses or damages incurred as a result of the use of any content transmitted, posted, emailed, or otherwise made available via the skramblr service.
Skramblr does not assume responsibility, endorse, warrant or guarantee any product or service advertised or offered by a third party through the skramblr service or any hyperlinked website or featured in any user status update or other advertising.
Skramblr is built to provide entertaining and safe communications for its users and subscribers and will not be, in any way, responsible for monitoring transactions between users and third-party providers of products or services.

Limitation of Liability

Skramblr, its directors, officers, agents, affiliates, employees and licensors shall not be liable to you for any damages whatsoever, be they direct, consequential, punitive, indirect, incidental, special, or resulting from errors or inaccuracy of content, property damage of any nature whatsoever or personal injury, arising as a result of your use of The Skramblr service. Skramblr, its directors, officers, agents, affiliates, employees and licensors shall not be liable to you for any unauthorized access to or use of our secure servers or any and all personal information and/or financial information stored therein, interruption or cessation of Services transmitted to or from our servers, any viruses, Trojan horses, or the like, transmitted to or via The Skramblr Service by a third party.
Similarly, Skramblr, its directors, officers, agents, affiliates, employees and licensors shall not be liable for errors or omissions in content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Skramblr Service, whether based on contract, tort, warranty or any other legal theory within jurisdictions covered by this agreement, and whether or not Skramblr is advised of such damages, and the disclosure of information pursuant to these terms of service or privacy policy. Please be aware that the limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Skramblr, its directors, officers, agents, affiliates, employees and licensors shall not be liable for defamatory or offensive user submissions or illegal conduct of any third party. You agree that the risk of harm or damage from the foregoing rests entirely with you.
The Skramblr Service is controlled and offered by Skramblr from its facilities in Ireland and The UK. You agree that Skramblr makes no representations that the content of the Skramblr Service is appropriate or must be available for use in other locations. If you access or use the Skramblr Service from other jurisdictions you do so at your own volition and are responsible for compliance with your local laws.

You agree to indemnify Skramblr:

You agree to indemnify, defend and hold harmless Skramblr, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including but not limited to attorney's fees arising from your use of and access to the Skramblr Service including your violation of any part of these Terms of Service or of any third party right, including without limitation any copyright, property, or privacy right as well as any claim that one, or any part of one of your Status Updates caused harm to a third party. You agree that this defence and indemnification obligation will survive these Terms of Service and your use of the Skramblr Service. Provision of the Skramblr Servicebr
Skramblr provides the Skramblr Service. Users must supply their own mobile phone devices, communication devices, operating systems and data connection as required to use the Skramblr Service under Users' own responsibility and at Users' own expense.
Use and right of access to the whole or part of the Skramblr Service is reliant upon User Registration Requirements including age, identification, current user status and adherence to the spirit and word of these terms.
Skramblr reserves the right to update, amend, modify or remove, at the Skramblr's absolute discretion, a whole or part of the Service or of these terms and conditions at anytime without any prior notice to the Users.

Use of the Skramblr Service

You agree that your device information (OS type, serial number, PC hardware information etc.) will be acquired at times for the provision of a better service, prevention of any unauthorized/fraudulent practices which interfere with normal Skramblr operations as well as for identification purposes.
You agree that your IP address, browser type, and browser language have to be automatically obtained and stored so that Skramblr may analyze user environments to provide a better Service, as well as to prevent any unauthorized/fraudulent practices which interfere with normal Skramblr operations.
You agree that from time to time, the Skramblr Services may require location information transmitted from your mobile devices which is only used as required to provide the designated service. If you have not allowed their location information to be sent via the settings menu on their devices, such information will not be sent.
You agree that Cookies may be used to store your settings, record access info as well as monitoring your use of the Service so that we may continually enhance it. You can deactivate Cookies, but then you will not be able to access parts of the Skramblr Service or use parts of Skramblr that need Cookies such as users’ login.

Purpose of User Information

Information collected shall be used in accordance with the scope of that particular function for which it was collected. For all other cases, the Company shall use the acquired personal information for the following purposes listed below:
1. Provision of secure, fully functional and smooth Service to users
2. Performance of identity checks when a user registers or makes an inquiry.
3. The processing of claims related to purchase of items and fulfilling paid services
4. Connecting people that the user knows, or possibly knows and registering them as friends
5. Prevention of unauthorized/fraudulent use of the Service
6. Analysis and aggregation of statistical data directly related to use of the Service
7. Research and analysis aimed at reviewing and improving Services
8. Efficient management and processing of user inquiries
9. Supplying information relating to the Service, advertising information from Skramblr partner businesses and provision of information related to new future developments regarding the Service
10. Selection of winners for promotions & events, deliver rewards to those winners, and the delivery of purchased items.
11. notification of any other important information concerning the Service and other contact with Skramblr users as necessary

Affirmation of Ability to Accept Terms of Service

Skramblr is the developer of the Service, with an address at Wiverton Hall, Nottinghamshire NG138GU, and e\: Team (at) Skramblr.com. To proceed with use of the Services, you affirm that you are either over 16 years of age or possess legal parental or guardian consent. The Skramblr Service is not intended for use by children under 16. You affirm you are fully able and competent to enter into and be bound by the terms, warranties, conditions, representations, obligations, and affirmations set out in this Terms of Service, and you will abide by and be fully compliant with these Terms of Service. Assignment of Terms and Rights
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Skramblr without restriction. Amendment of the Terms and Conditionsbr Skramblr may amend the Terms and Conditions when deemed necessary, without prior notice to Users. The amendments are effective when the amended Terms and Conditions are posted on the website operated by Skramblr. Users are deemed to have granted valid and irrevocable acceptance of the modified Terms and Conditions by their continued use of the Service. Users should refer to the Terms and Conditions on a regular basis when continuing to use the Service, since a separate notification regarding the modification to Terms and Conditions may not be provided.

Contents

Skramblr grants to Users the non-transferable, non-re-licensable and non-exclusive license to use the Contents provided by Skramblr, only for the purpose of using the Service. Skramblr Users shall abide by the appropriate terms and conditions when using any Content which is subject to additional fees, terms and periods of use. Notwithstanding situations where phrases such as "Purchase", "Sales," and similar expressions appear on the Service screens, Skramblr remains the sole and exclusive holder of all intellectual property rights as well as any other rights in the Contents offered to Users by Skramblr, and such rights may not be transferred to Users.
Users shall not use the Contents beyond the scope of the intended use of the Contents in the Service (including but not limited to copying, transmission, reproduction, modification). If users wish to back-up all or part of the Submitted Contents, they will need to do so themselves. Skramblr will not undertake the obligation of backing up any of the Submitted Contents.
The Skramblr Service may provide functions where multiple users can post, edit and delete or correct, items.
In such cases, the User who posted his/her Submitted Contents must agree to allow other Users to perform any editing with respect to the Submitted Contents.
Users who post Content expressly agree to grant Skramblr a royalty-free, worldwide and non-exclusive license and right to sublicense such content to other third parties associated with Skramblr, for an indefinite period, for promotional purposes.
Skramblr will make content available to users in the form of animated or non-animated video and images. This content will be designed for general use.
No Adult content will be published on Skramblr. No offensive content will be published on Skramblr.
All animated and non-animated digital greetings or visual communications are appropriate for 16 years or more.
Skramblr has a zero tolerance for offensive materials whether they be racial, religious, political or professional.
All content made available by Skramblr is carefully vetted to comply with these terms.

Business Partners' Services

From time to time, Skramblr will have Contents or other services provided by business partners. Such business partners bear full responsibility for any contents or services provided which are governed by the explicit terms and conditions relating to such business partnerships.
Intellectual Property Rights: Skramblr and the end-user acknowledge that, in the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, Skramblr, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You (the end user) 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 you further represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Beneficiary: Skramblr and the end-user acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.

General

You agree that:
The Skramblr Service shall be deemed solely based in The United Kingdom.
The Skramblr Service shall be deemed a passive server that does not give rise to personal jurisdiction over Skramblr, either specific or general, in jurisdictions other than The United Kingdom.
That you agree to be subject to the jurisdiction of the laws of The United Kingdom in the event of any legal dispute. These Terms of Service are governed by the internal substantive laws of The United Kingdom, without respect to its conflict of laws principles. Any claim or dispute between you and Skramblr that arises in whole or in part from the Skramblr Service shall be decided exclusively by a court of competent jurisdiction located in The United Kingdom. These Terms of Service, together with the Privacy Policy at http://www.Skramblr.com/Privacy and any other legal notices published by Skramblr, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Skramblr concerning the Skramblr Service.
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Skramblr's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Skramblr reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Skramblr Service. Your continued use of the Skramblr Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
You and skramblr agree that any cause of action arising out of or related to the skramblr service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Developer Contact Details:

You must state in the EULA Your name and address, and the contact information (telephone number; E-mail address) to which should be directed.
Any end-user questions, complaints or claims with respect to the Licensed Application should be directed to:

Skramblr Communications Holdings Limited
U2 Lace Market Square
Nottingham
NG1 1PB
United Kingdom
+447429744007
Team@Skramblr.com