1. Your Acceptance
This is an agreement between Volacent Ltd., an Israeli corporation ("Volacent"), the owner and operator of www.playnews.mobi (the "Volacent Site"), the Volacent software, including Volacent Play News (collectively, including all content provided by Volacent through Volacent Play News and the Volacent Site, the "Volacent Service", or the "Service"), and you ("you" or "You"), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND VOLACENT'S PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.Volacent.com/Privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.2. Volacent Service
These Terms of Service apply to all users of the Volacent Service. Information provided by our users through the Volacent Service may contain links to third party websites that are not owned or controlled by Volacent. Volacent has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Volacent will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Volacent shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.3. Volacent Access
A. Subject to your compliance with these Terms of Service, Volacent hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Volacent's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy. B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Volacent with your mobile phone number and Android Gmail address. You expressly acknowledge and agree that in order to provide the Service, Volacent may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Volacent to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect names, addresses or email addresses, just mobile phone numbers. You are solely responsible for the status messages that you submit and that are displayed for your mobile phone number on the Volacent Service. You must notify Volacent immediately of any breach of security or unauthorized use of your mobile phone. Although Volacent will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Volacent or others due to such unauthorized use. C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Volacent servers in a given period of time than a human can reasonably produce in the same period by using a Volacent application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Volacent grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Volacent reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Volacent clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.4. Intellectual Property Rights
The design of the Volacent Service along with Volacent created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Volacent, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Volacent reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.5. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE VOLACENT SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VOLACENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. VOLACENT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY 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 VOLACENT SERVICE. VOLACENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VOLACENT SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND VOLACENT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.6. Limitation of Liability
IN NO EVENT SHALL VOLACENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY 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 VOLACENT CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VOLACENT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by Volacent from its facilities in Israel. Volacent makes no representations that the Volacent Service is appropriate or available for use in other locations. Those who access or use the Volacent Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.7. Indemnity
You agree to defend, indemnify and hold harmless Volacent, 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: (i) your use of and access to the Volacent Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Volacent Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.8. Ability to Accept Terms of Service
You affirm that you are either more than 16 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, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the Volacent Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the Volacent Service. You further represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties. Volacent is the developer of the Service, with an address at 8 Aba AchiMeir Tel Aviv, info at Volacent.com.9. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Volacent without restriction.10. General
You agree that: (i) the Volacent Service shall be deemed solely based in Israel; (ii) the Volacent Service shall be deemed a passive server that does not give rise to personal jurisdiction over Volacent, either specific or general, in jurisdictions other than Israel; and (iii) that you agree to subject to the jurisdiction of Israel in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. Any claim or dispute between you and Volacent that arises in whole or in part from the Volacent Service shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel. These Terms of Service, together with the Privacy Policy at http://www.Volacent.com/Privacy and any other legal notices published by Volacent, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Volacent concerning the Volacent 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 Volacent's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Volacent 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 Volacent Service. Your continued use of the Volacent Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND VOLACENT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE VOLACENT SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.Cookies Information:
When you visit the Volacent Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Volacent uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Volacent Site may not function properly if the ability to accept cookies is disabled.Log File Information:
When you use the Volacent Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Volacent Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.The Information Volacent Does Not Collect
Volacent does not collect names, emails, addresses or other contact information from its users’ mobile address book or contact lists other than mobile phone numbers—the Volacent mobile application will associate whatever name the Volacent user has assigned to the mobile telephone number in his/her mobile address book or contact list — and this occurs dynamically on the mobile device itself and not on Volacent’s servers and is not transmitted to Volacent. This means that if you have your friend’s mobile phone number associated with the name "Shakespeare" in your mobile address book, that’s the name that will appear for that mobile phone number in your Volacent contact list. We do not collect location data, but users may voluntarily share their location with other users via the Volacent Service. The contents of messages that have been delivered by the Volacent Service are not copied, kept or archived by Volacent in the normal course of business. The Volacent Service is meant to be a SMS replacement, using data service through a user’s phone (either via cell network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a Volacent user), if that recipient is online. If the recipient is not online, the undelivered message is held in Volacent’s server until it can be delivered. If the message is undelivered for thirty (30) days, the undelivered message is deleted from our servers. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by Volacent — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s mobile devices (and which may be deleted at the user’s option). Notwithstanding the above, Volacent may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which Volacent is legally compelled to collect. Files that are sent through the Volacent Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.The Way Volacent Uses Information
If you submit Personally Identifiable Information to us through the Volacent Site, or Volacent Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Volacent Site and Volacent Service. In particular, your Android Gmail Address is essential to your use of the Volacent Service and will be retained. Any billing information that may be collected from you will be deleted thirty (30) days after the termination of your account with Volacent. Any Personally Identifiable Information or status content that you voluntarily disclose on the Volacent Service becomes publicly available and may be collected and used by other users of the Volacent Service (unless such user is blocked by you). Your name (as it is saved in other user's mobile phone address book or contact list) may be displayed to other users when you update your status messages through the Volacent Service and other users may contact you through the Volacent Service. We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major Volacent Site or Volacent Service changes or for customer service purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Volacent Site and Volacent Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Hopefully we improve the Volacent Site and Service and don't make it suck worse. We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the Volacent Service or Volacent Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.When Volacent Discloses Information
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Volacent Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Volacent Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Volacent also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Volacent believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Volacent Site or our servers, and to protect the rights, property, or personal safety of Volacent, our users or others.Your Choices
You may, of course, decline to submit Personally Identifiable Information through the Volacent Site or the Volacent Service, in which case Volacent may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the Volacent mobile application and discontinue use of the Volacent Service; your continued usage of the Volacent Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to the Volacent Service. Please contact Volacent via email to support at Volacent.com or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.Special Note to International Users
The Volacent Site and Service are hosted in Israel and are intended for and directed to users in Israel. If you are a user accessing the Volacent Site and Service from the United States, European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Volacent Site and Service, which are governed by Israel law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you expressly consent to that transfer and consent to be governed by Israel law for these purposes.In the Event of Merger, Sale, or Bankruptcy
In the event that Volacent is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.Changes and updates to this Privacy Notice
This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the Volacent Site and Volacent Service constitutes your agreement to this Privacy Policy and any amendments. Date Last Modified: This Privacy Notice was last modified December 1st, 2014