LICENCE TERMS AND CONDITIONS – APPLICABLE WORLDWIDE EXCEPT WHERE WE PUBLISH SPECIFIC TERRITORIAL TERMS AND CONDITIONS
These terms and conditions (“Terms“) set out important information regarding the rights, obligations and the restrictions that may apply to you as a user (“User“) when you access our website at [http://www.smartlauncher.net] (“Website“) and/or access, use or download any app published by Smart Launcher SRL (“Our Apps“) and any services offered in conjunction with Our Apps (“Services“) as they are made available on various digital media devices, cellular/mobile phones, tablets, handheld devices or PCs, (“Devices“), and networks, such as those of mobile operators, internet service providers or cable operators (“Networks“). The Services may include the ability for Users to purchase certain digital products. Our Apps are digital applications that facilitates the use of Services, which generally consist of softwares that allow the user to modify the user interface of their Android devices, providing an intuitive and fully customizable user experience. The Website is also a hosting service where third party developers can upload, submit and share their own themes with other Users on Our Apps. The Website, Our Apps and the associated Services, where not specifically provided otherwise, are supplied by Smart Launcher srl (“we“, “us” and “our” as appropriate).
We are a limited company incorporated in Italy. Our address is : Via Scaloria 129 c/o studio D’Amico, Manfredonia, Italy. Our email: is firstname.lastname@example.org VAT number: IT04063240719.
These Terms may be accessed via the Our Apps directly from your Device, or on our Website at http://www.smartlauncher.net.
Any translation of these Terms are provided as a courtesy to you and the definitive text of these Terms is the English (UK) version.
If you wish to use our Website, the Our Apps and/or the Services (collectively referred to as “Smart Launcher Software“), you must agree to be bound by these Terms, as set out below, and all and any applicable laws regarding your use of Smart Launcher Software. You must also pay any charges for the Services which may be applicable, the Services which may be applicable, including all charges relating to purchase and delivery of products.
IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES TO THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE SMART LAUNCHER. YOUR CONTINUED USE OF SMART LAUNCHER SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THE DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES AND/OR USE OF THE SERVICES AND THE PURCHASE OF PRODUCTS) NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS, WILL BE DEEMED ACCEPTANCE BY YOU OF THESE TERMS AND ANY SUCH CHANGES OR MODIFICATIONS. YOU AGREE TO USE SMART LAUNCHER ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY LOCAL BINDING POLICIES OR GUIDELINES.
BY DOING ANY OF THE FOLLOWING ACTS YOU AGREE TO BE BOUND BY THESE TERMS:
b) DOWNLOADING OUR APPS OR DOWNLOADING AN UPGRADE TO OUR APPS (WHICH MAY BE OFFERED FROM TIME TO TIME).
c) PURCHASING A PRODUCT USING THE SERVICES.
1. USAGE POLICY
1.1 Unless otherwise specifically provided by us, our grant of rights to you under these Terms is personal to you. The licence is not transferable to another person without our agreement in writing (which will only be given in exceptional circumstances) or if otherwise expressly provided in these Terms.
1.2 We may change, suspend or discontinue any aspect of Smart Launcher at any time, including the availability of any feature, database and/or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Such changes will be notified with reasonable notice, where they are material and where practicable, and you will have the opportunity to terminate the service should you not accept the new Terms.
1.3 Continued use of Our Apps and/or Services may require a download of new releases of software which may contain different functionality and consequently may be subject to different licence terms. You agree not to misuse Smart Launcher and to only upload content to Smart Launcher strictly in accordance with these Terms, any other guidance or instructions given by us and all applicable laws. In particular, you agree that you will not: (a) post or distribute any offensive, obscene or otherwise inappropriate material which may cause offence to others on grounds of race, religion, ethnicity or sex; (b) post or distribute any material that is unlawful or which threatens or encourages illegal activities or which harms the rights of others; (c) post or distribute material which is not your own or in respect of which you have not been given the necessary rights, licences or permissions to post to Smart Launcher; (d) post or distribute any material which infringes the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other party; (e) post or distribute any unsolicited advertising material, ‘junk mail’, ‘spam’, ‘chain letters’, or ‘pyramid schemes’; (f) defame, harass or stalk others or encourage such behaviour; (g) harm, or attempt to harm, any person in any way; (h) impersonate any person or entity or create a false or misleading identity; (i) access, or attempt to access, the accounts of others; (j) breach or attempt to breach our security measures, or penetrate or attempt to penetrate our computer software, hardware, electronic communication system, or telecommunications systems; (k) collect, attempt to collect, or use other members’ personal information; (l) engage in any activity which adversely affects the ability of other people or systems to use Smart Launcher or the internet generally; (m) cause any nuisance or cause the operation of Smart Launcher to be jeopardised or impaired; (n) post or distribute any material that contains any form of software virus or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (o) modify, adapt, translate, or reverse engineer any portion of Smart Launcher or its contents, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Our Apps, save only to the extent permitted by applicable law; or (p) use Smart Launcher for any improper, unlawful or immoral purpose.
1.4 Each time you attempt to interact with Smart Launcher, such as when you request automatic sorting for an app or the list of available themes, you will send and receive data for which your Network will charge at your usual data rates.
1.5 Certain versions of Our Apps are distributed in a form that limits the availability of some of the Services that can be accessed from that version and/or some of the Service features. Details on Services and feature sets, and any limitations on use for your version of Our Apps, are accessible via Our Apps from your Device and/or from the source where you originally obtained Our Apps. Even where there is no such limit imposed in Our Apps on the amount of usage permitted, you agree to use the Services fairly.
2. DIGITAL PRODUCTS
If you are (or become) a paying customer of any part of Our Apps and/ or Services or any other product of Smart Launcher, including by purchasing products, we will provide you with relevant information regarding how to place an order, price, delivery procedure and cancellation options on a case by case basis, before completing payment for your purchase. Any purchase will be effective upon the processing of your payment and all sales of digital products on the Services are final.
2.1 Except in the case of any subscription you have for the Services, you acknowledge that any consumer cancellation rights contained in the Consumer Protection (Distance Selling) Regulations 2000 (to the extent applicable) may not apply to contracts for the purchase of Our Apps and/ or Services, or any other digital product of Smart Launcher. You hereby agree to waive any other right to cancel your purchase of digital products (if applicable) that may be available to you under any worldwide consumer protection laws and all refunds will be at our sole discretion, or at the discretion of any third party operator of a Third Party Site. If a waiver of such rights is prohibited by law, this cancellation right shall be limited to 7 working days.
2.2 You acknowledge that you will not be entitled to any refund for purchases of digital products on the Services, including any purchases made while using Our Apps.
3. THIRD PARTY APPLICATIONS AND SERVICES
3.1 Smart Launcher may enable you to use functionalities of Third Party Applications and/or to link to Third Party Sites that are not owned or controlled by us. Content, products and services that are part of any Third Party Applications and/or Sites to which we may connect (including, but not limited to, social networking sites, sites on which you can view content and from which you can make purchases, or record a geographic location) are subject to the terms and conditions of the relevant application and/or Third Party Sites. We have no control over and are not responsible or liable for any matters relating to your dealings with such third parties.
3.2 We are not responsible for and have no control over any third-party content, syndicated content, applications, services, advertisements, links, privacy policies and/or practices of any such third-parties that may be found through Smart Launcher. In addition, we will not and cannot censor or edit the content of any Third Party Applications and/or Sites.
3.4 We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content accessed via Smart Launcher or as a result of the failure of such Third Party Applications and/or Sites to function as intended.
4. USER-GENERATED CONTENT
4.1 We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at email@example.com
4.2 Please choose carefully the words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish or display on our Website and/or through the use of Services and any such content that you provide or make available to other Users through the Website (collectively, “User Content“). You are responsible for all User Content, as set forth below.
4.3 You retain ownership of User Content. All User Content is wholly original to you (or you have permission to post it to Smart Launcher in the way envisaged under these Terms), at your direction and under your control and you understand that you are responsible for that content and any consequences of posting it to Smart Launcher. By sharing User Content within Smart Launcher (and any Third Party Application and/or Sites) you warrant that you own all rights in and to the User Content shared by you and that you are not breaching any other party’s rights to privacy, publicity rights, copyrights or contractual rights.
4.4 You understand and agree that if you post any User Content to Smart Launcher which breaches any of these Terms, we have the right to remove the content, at our sole discretion, and terminate your account and you will be responsible to us for any issues arising out of breach of these Terms.
4.5 Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and we assume no responsibility or liability for this material. User Content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. We have the right but not the obligation to refuse to post, remove or edit any posting or submission User Content. We do not actively monitor User Content and take no responsibility and assume no liability for any User Content.
4.6 The following is a partial list of the kind of User Content that is illegal or prohibited on Smart Launcher. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Website or Services and terminating the access to Smart Launcher of such violators. Prohibited User Content includes content that:
a) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b) harasses or advocates harassment of another person;
c) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
d) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
e) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner(s);
f) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials;
g) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
h) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18;
i) provides instructional information about illegal activities;
j) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
k) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
l) violates anyone’s right of privacy; or
m) uses any unfair, misleading or deceptive content intended to draw traffic to the profile.
4.7 You hereby waive all moral rights and similar rights in any jurisdiction, including any rights to object to derogatory treatment of the User Content to which you may now or at any future time be entitled.
5. AVAILABILITY OF SERVICES
5.1 We will do our best to offer you a smooth service, but we give no guarantees that Smart Launcher will be free from faults or that the Services will be provided uninterrupted. If a fault does occur, please report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
5.2 We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.
5.3 New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.
6. LEGAL PROTECTION AND LIMITATIONS
6.1 You acknowledge that Smart Launcher (and any other applications) licensed by us to you are our property and all intellectual property rights in Our Apps, the Services and the technology used or supported by the Our Apps, anywhere in the world belong to us. You have no right to access Our Apps in source-code form at any time. You agree not to:
a) Disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of Our Apps or Services or any Third Party Application.
b) You will not copy any part of Smart Launcher or any Third Party Applications and/or Sites or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of Smart Launcher to any person.
c) Distribuite or share with third party the binary code of Smart Launcher Pro in any way.
6.2 You agree to not use Smart Launcher to:
a) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Services;
b) interfere with or disrupt Smart Launcher or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to these;
c) collect or store personal data about other Users of Smart Launcher; or
d) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.
6.3 You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of Smart Launcher and/or any Third Party Applications.
6.4 You agree to not use Smart Launcher or export any portion of it in violation of U.S. export regulations.
6.5 You 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 you are not listed on any U.S. list of prohibited or restricted parties.
6.6 Any content provided by us as part of Smart Launcher, including but not limited to wallpapers, icons, metadata and downloads contains copyrighted material, trademarks and other proprietary rights belonging to us and our licensors. All right, title and interest in and to such content vests in us and our licensors. You are granted a limited, revocable, non-exclusive licence to display that content as part of the Services solely for your personal use. Except as expressly authorized by us, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license that content, in whole or in part.
6.7 YOUR USE OF SMART LAUNCHER IS AT YOUR SOLE RISK. SMART LAUNCHER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT
a) SMART LAUNCHER WILL MEET YOUR REQUIREMENTS,
b) DELIVERY OF ANY PORTION OF SMART LAUNCHER WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SMART LAUNCHER WILL BE ACCURATE OR RELIABLE,
d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS,
e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED,
f) ANY PORTION OF SMART LAUNCHER OR ANY OTHER APPLICATION PROVIDED BY US WILL BE OF SATISFACTORY QUALITY, FAULT OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SMART LAUNCHER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
6.8 Under no circumstances will we or our subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use Smart Launcher (and any other applications) which we license to you, any content delivered to you or Smart Launcher, whether or not we have been advised of the possibility of such damages or loss. In any event, our liability to you shall be limited to typical and foreseeable damage and shall not exceed the fees paid by you for a 3 month period or the maximum amount of (Euro 15), whichever is higher.
6.9 Some jurisdictions (countries, provinces, states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages. In such cases only the above disclaimers, limitations or exclusions may not apply to you to their full extent.
6.10 You acknowledge and agree that we are merely a passive conduit and hosting service for User Content and we play no active role in the distribution or presentation of User Content. We do not review or monitor User Content to ensure it is compliant with these Terms and applicable law. It is solely your responsibility to ensure User Content is acceptable and compliant.
6.11 You hereby indemnify and hold harmless, and upon our request, defend, us, our affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by you under these Terms. You will reimburse us and our affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defence of such claim upon our request. We shall have the right, at your expense, to participate in the defence thereof under your direction.
6.12 Nothing in these Terms shall be construed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence.
6.13 Nothing in these Terms affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law.
6.14 We will endeavour to comply with mandatory local regulations of public policy and consumer protection, but disclaim all and any liability, apart from the liability assumed within these Terms, to the maximum extent permitted by law.
7.1 These Terms are not intended to give rights to anyone except you and us, unless otherwise expressly indicated by us within these Terms. We may assign our rights and obligation under these Terms without your prior consent to any new provider of Smart Launcher.
7.2 If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.
7.3 We will not be liable to you or to any third party for any failure, suspension and/or termination of access to Smart Launcher in connection with or arising out of a force majeure event including, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents. We may provide you with notices regarding Smart Launcher or these Terms by post to any address you have given us, by email, by SMS message or by postings to the Website.
7.4 These Terms and the relationship between you and us and any dispute or claim arising out of or in connection with these Terms or their subject matter or formulation (including non-contractual disputes or claims) shall be governed by the laws of Italy. You and we agree to submit to the exclusive jurisdiction of Italy.
7.5 We may amend these Terms at any time by posting the amended terms on our Website and/or by amending the Terms as they are accessed from Our Apps on your Device. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version the Terms will be included at the top of the Terms page. If you continue to use Our Apps and/or Services or you download any content or upgrade any of the Services after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may terminate the Services.
7.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you or if we delay in doing so this does not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
7.7 A person who is not a party to these Terms shall not have any rights to enforce any of these Terms.
Effective [June 2012]
Last Update March 2016