Terms of Use


Last revised on December 25th, 2013

Introduction

IronSource Ltd. ("we", "our", "Company") welcomes you (the "User(s)" or "you") to our website at www.mobileCore.com (the "Site"). Our Site offers mobile application developers, advertisers and other Users the ability to learn more about our mobileCore Software Development Kit (the "SDK"), to download and use the SDK in order to integrate certain features with developers’ proprietary mobile applications ("App(s)"), and use a dedicated online dashboard (the "Dashboard", and together with the SDK - the "Services") enabling the developers to obtain information and gain important insights regarding Apps usage by their end-users ("End User") – all subject to their compliance with the terms of the SDK’s Developer License Agreement (the "Agreement").

Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.

ACCEPTANCE OF THE TERMS

By entering to, connecting to, accessing or using the Site, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy(collectively, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you.

By downloading and/or using the SDK and/or by integrating any feature available through the SDK with your App, you acknowledge that you have read, understood and agreed to the terms of the Agreement.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE AND/OR THE SERVICE IN ANY MANNER WHATSOEVER.

THE SITE AND SERVICES

The Company develops and offers via the Site an SDK for mobile app developers, which enables them to provide their End Users additional third party applications and other relevant offers, to enhance the level of End User engagement, and to raise monetization and distribution of their App.

The Site provides you with comprehensive information and resources about the SDK and content related thereto (including text, logos, button icons, images, data compilations, code, designs, links, data, graphics and other features (collectively, the“Content”). The Site also provides Users who download and use the SDK access to the Dashboard, available through the User Account (as such term is defined below). The Dashboard enables such Users to gain important insights regarding the usage patterns of your App, and to monitor, track and enhance End Users engagement with the Offers and the performance of your App’s monetization and distribution in real time. (collectively, the "mobileCore Data").

PLEASE READ CAREFULLY:

THE SITE AND SERVICES AND ANY PART AND/OR FEATURE THEREOF ARE PROVIDED "AS IS". THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU, AN END USER OR ANY OTHER PERSON AS A RESULT OR IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES. YOUR USE OF THE SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON AND/OR THROUGH THE SITE AND SERVICES ARE RESERVED TO THE COMPANY. THE COMPANY DOES NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT (AS SUCH TERM IS DEFINED ABOVE) CONTAINED ON THE SERVICES NOR DOES IT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH SUCH ACTIONS.

REGISTRATION AND USER ACCOUNT

In order to download and implement the SDK and Dashboard, you must first open an account by registering on the Site (the"Account"). Registration can be made either by completing the registration form on the Site or by signing-up with your Google Account.

You must provide accurate and complete information when opening an Account.

You are solely and fully responsible for maintaining the confidentiality of the password and username of your Account and for all activities that occur under your Account. You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of the Company. You must notify us immediately of any unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security. You may be liable for the losses of the Company and/or others due to any such use.

If you wish to either change your user name or password or to cancel and remove your Account from the Site, you may contact the Company at: support@mobilecore.com with such specific request. Your Account on the Site will terminate as soon as we are able to process your request following your request, and from that date you will no longer be able to access your Account, and without derogating from any right or claim available to the Company, any and all permissions, rights and licenses granted to you under these Terms shall be instantly terminated and revoked.

CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR ACCOUNT AND/OR APP, INCLUDING BUT NOT LIMITED TO ANY MOBILECORE DATA OR OTHER END USER ACTIONS. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH UNAVAILABILITY AND/OR LOSS.

USE RESTRICTIONS

There are certain conducts which are strictly prohibited when using the Site and Services. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result (at the Company’s sole discretion) in the termination of your access to the Services (or any part or feature thereof) and may expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf:

(i) copy, modify, execute or perform publicly, make available to the public, reduce to human readable form, emulate, sell, resell, lease, rent, lend, sublicense, make any commercial use, process, adapt, translate, modify, reverse engineer, combine with any software or application (other than as expressly permitted under the Terms hereunder), decompile, disassemble or create derivative works of any material that is subject to the Company’s proprietary rights, including the Services and/or any part thereof, the Company’s Intellectual Property, or otherwise use any of the aforementioned, in any way or by any means, other than as expressly permitted under these Terms and as intently featured and enabled through the Services;

(ii) make any use of the Services or any part thereof on any other application, website or networked computer environment for any purpose, replicate or copy the Services or any part thereof without the Company’s prior written consent;

(iii) sell, license, or exploit for any commercial purposes any use of or access to the Services and/or any part thereof other than as permitted under the Terms and as intently featured and enabled through the Services;

(iv) create a database by systematically (whether in bulk or in parts) downloading and storing all or any of the mobileCore Data or other data or materials available through or in connection with the Services, other than as intently permitted and enabled through the Services;

(v) forward any data generated from and/or in connection with the Services without the prior written consent of the Company, other than as permitted under the Terms and as intently featured and enabled through the Services;

(vi) remove any copyright, trademark or other proprietary notices contained in the Services or any materials related thereto (such as ©, ™, or ®);

(vii) create a browser or border environment around the Services or any part thereof (no frames or inline linking), other than as permitted under the Terms and as intently featured and enabled through the Services;

(viii) interfere with or disrupt the operation of the Services, or the servers or networks that host and/or connect with the Services and/or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

(ix) engage in, facilitate, utilize, contain, promote, link or advocate any practice, content or function which may be considered as offensive, harmful, misleading, deceptive, fraudulent, unfair, immoral, indecent, pornographic, obscene, sexually explicit material, excessively profane, racist, ethnically offensive, threatening, excessively violent, defamatory, hate speech, gambling (including games of skill that offer prizes of cash or other value), discriminatory, malware, promoting illegal drugs or arms trafficking, promoting or facilitating the sale of alcohol, tobacco, prescription drugs or weapons, creating a risk to a person’s safety or health, compromising national security or interfering with an investigation by any authorized law enforcement officials and/or otherwise consisting or endorsing of any illicit subject matter or activities under any Applicable Rules;

(x) mislead End Users or create End Users confusion or misunderstanding with respect to the source, owner, purpose, functionality or features of your App;

(xi) enable, facilitate, promote, advocate and/or induce the download or installation of the App and/or any other software component or application, and/or use or permit others to use an End User’s device for any purpose, without an accurate, clear disclosure and informed End User consent and/or by intentionally misrepresenting such download and/or installation is necessary for security, privacy or functionality purposes;

(xii) interfere with, misappropriate, violate or infringe any End User and/or any third party’s intellectual property rights, right to privacy, publicity rights or other proprietary or legal rights, or contain, promote, link or advocate any content that infringes or encourages the infringing of any such third party’s rights;

(xiii) harvest or collect personally identifiable information about End Users without their express and informed consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;

(xiv) collect personal information from any individuals under the age of 13 (thirteen) in violation any Applicable Rules, or initiate any promotion that violates any Applicable Rules or that is not consistent with industry standards;

(xv) uninstall or intentionally interfere with or modify the operation and/or default settings of the End User’s device, operating system or other applications in the End User’s device, and/or intentionally create, facilitate the creation of, or exploit any security vulnerabilities in an End User’s device, including by transmitting or otherwise making available in connection with the Services and/or App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to pose any kind of security threat, damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component, or otherwise prevent or circumvent the security, antispyware or any antivirus software installed on an End User’s device from being activated;

(xvi) compensate End Users for clicking on Offers or any other advertisements or commercial materials or provide any other incentives or benefits for downloading or installing it such as for performing searches, visiting websites or reading e-mails;

(xvii) engage in, enable, facilitate, advocate, induce, incentivize and/or otherwise promote automated Click-throughs (as such term is defined below) or other automated interactions with the Services or any part thereof;

(xviii) transfer or assign your Account’s password, even temporarily, to a third party; and/or

(xiv) infringe or violate any of the Terms and/or Applicable Rules.

PRIVACY POLICY

The Company respects your privacy and is committed to protect the information you share with it. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site. Our policy and practices and the type of information collected are described in our Privacy Policy. If you intend to connect to, access or use the Site you must first read and agree to the Privacy Policy.

MINORS

To use the Site and/or Services, you must be over the age of thirteen (13). If you are under the age of eighteen (18) or under the legal age to form a binding contract in the jurisdiction in which you are located, you may only use the Site and/or Services under the supervision of a parent or legal guardian who has agreed to stand behind any agreement you enter into while using the Site and/or Services, including these Terms. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of thirteen (13) are not using the Site and/or Services. In the event that it comes to our knowledge that a person under the age of thirteen (13) is using our Site and/or Services, we will prohibit and block such user from accessing and/or using the Site and/or Services and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such user.

LICENSE AND INTELLECTUAL PROPERTY RIGHTS

The Company hereby grants to you, and you accept, a personal, non-exclusive, non-commercial, non-sublicensable and fully revocable limited license to use the Site for your personal use and only in accordance with these Terms.

mobileCore™, the mobileCore Data, the Site, the Content and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of the Services, the mobileCore Data, the Site and any part and/or feature thereof and/or available through the Services and/or Site), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered, and any derivative works thereof (collectively, "Intellectual Property"), are owned by and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions.

You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, emulate, resell, lease, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with any software or application, translate, modify or create derivative works of any material that is subject to the Company’s proprietary rights, including the Company’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.

You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of the Company or its licensors, including copyright mark (©) or trademark (™) contained in or accompanying the Content, the Services and/or the Site, and you represent and warrant that you will abide by all applicable laws in this respect.

If you find that any of your work has been copied in any way which constitutes copyright infringement or that any of your proprietary rights have been violated, please send a detailed e-mail of such occurrence including the specific location of the infringement on our Site and that you in good faith believe that this is your protected work, your contact information as well your physical or electronic signature to our official copyright agent at support@mobilecore.com. We will make a sincere effort to rapidly respond to such notice and act in accordance with the process set out in any applicable laws.

TRADEMARKS AND TRADE NAMES

The Company’s marks and logos and all other proprietary identifiers used by the Company in connection with the Company, the Site, the Services and/or the Content (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. No right, license, or interest to the Company Trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks and therefore you will avoid using any of those marks, except as permitted under the Terms and/or explicitly permitted and enabled through the Site.

AVAILABILITY

The Site and Services availability and functionality depends on various factors, such as communication networks. The Company does not warrant or guarantee that any of the Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free.

CHANGES TO THE SITE

The Company reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Site and/or Services, without notice, at any time. In addition, you hereby acknowledge that the Content and/or features included and/or provided under the Site and/or Services may be changed, extended in terms of functionality, content and/or form, or removed at any time without any notice to you and/or to any third party. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Services and/or Content.

DISCLAIMER AND WARRANTIES

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AND/OR FEATURES AVAILABLE ON AND/OR THROUGH THE SITE AND/OR SERVICES (INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION THAT THE RESULTS OF USING THE SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS).

THE CONTENT, THE SERVICES AND/OR THE SITE MAY INCLUDE INACCURACIES OR ERRORS. THE COMPANY DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE CONTENT, THE SERVICES AND/OR SITE.

THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT, SERVICES AND/OR SITE FOR ANY PURPOSE.

THE SITE, THE SERVICES AND/OR THE CONTENT ARE ALL PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, RELIABILITY AND/OR QUALITY OF PRODUCT, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

THE COMPANY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE CONTENT, THE SERVICES AND/OR SITE, INCLUDING, WITHOUT LIMITATION, ANY USE THEREOF.

THE COMPANY DOES NOT WARRANT THAT THE OPERATION AND/OR USE OF THE SITE AND/OR SERVICES ARE OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.

THE COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION TO YOUR AND/OR ANY THIRD PARTY’S DATA OR OTHER INFORMATION FROM OR IN CONNECTION WITH YOUR APP. WHILE THE COMPANY USES INDUSTRY STANDARD DATA SECURITY MEASURES, IT DOES NOT AND CANNOT GUARANTEE THAT STORAGE OF SUCH DATA WILL BE SECURED AT ALL TIMES.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE AND/OR THE CONTENT ARE ENTIRELY AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO LIABILITY RELATING TO SUCH USE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE CONTENT, THE SERVICES AND/OR THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE CONTENT AND/OR SERVICES OR THE USE OR INABILITY TO USE THE SITE AND/OR SERVICES, OR FAILURE OF THE SITE AND/OR SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF THE COMPANY TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF THE COMPANY BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ANY DAMAGES OR LOSS WERE INCURRED BY YOU, AN END USER OR ANY OTHER THIRD PARTY.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site, the Services and/or the Content; (ii) your violation of any term of the Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Site, Services and/or Content, your violation of any third party rights, without limitation any damages resulting from or in connection with the infringement of any third party’s right to privacy as a result of your use of the Site, Services and/or Content in contrary to any applicable laws and regulations; or, any damages resulting from or in connection with your failure to adhere to any of the terms and conditions specified in the Privacy Policy; (iv) any information that you or anyone using your Account may submit or access in the course of using the Site and/or Services (including but not limited to any information that you may provide us not in accordance with your obligations under Section ‎‎3); and/or (v) your violation of any applicable law in connection with the Site and/or Services.

AMENDMENTS TO THE TERMS

The Company may change the Terms from time to time, at its sole discretion and without any notice. We will notify you regarding substantial changes of the Terms on the homepage of the Site and/or we will send you an e-mail regarding such changes to the e-mail address that you provided in the registration form. Such substantial changes will take effect seven (7) days after such notice was provided on our Site or sent by e-mail. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

TERMINATION OF YOUR ACCOUNT

At any time, the Company may block your access to the Site and/or Services and/or temporarily or permanently limit, suspend or terminate your Account, for any reason, at its sole discretion, in addition to any other remedies that may be available to the Company under any applicable law. Such actions by the Company may be taken, inter alia, if the Company deems that you have breached any of the Terms and/or the Agreement in any manner.

Additionally, the Company may at any time, at its sole discretion, cease the operation of the Site and/or Services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of the Site and/or Services operation and loss of any data. The provisions of Intellectual Property Rights, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections, will survive the termination or expiration of these Terms.

GENERAL

The Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and the Company. Any claim relating to the Site and/or Services or use thereof will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Site and/or Services will be brought in, and you hereby consent to exclusive jurisdiction and venue of, the competent courts in Tel-Aviv, Israel. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under the Terms without the Company’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The Terms and the Agreement are the entire terms and conditions between you and the Company relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and the Company. Notices to you may be made via e-mail or regular mail. Without limitation, you agree that a printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

FOR INFORMATION, QUESTIONS OR NOTIFICATION OF ERRORS, PLEASE CONTACT:

If you have any questions (or comments) concerning the Terms, you are most welcomed to send us an e-mail tosupport@mobilecore.com or use the contact form available on the Site, and we will make an effort to reply within a reasonable timeframe.