Cram BlackBerry & iPhone/iPod Touch Terms of Service
Last update: 07/07/08
Thank you for choosing Cram (the "Service"), a service of SimpleLeap Software, LLC. ("SimpleLeap" or "we"). These Terms and Conditions define the full agreement between you and SimpleLeap, under which SimpleLeap authorizes you to use the Service and download, install and use the application provided by SimpleLeap for accessing the Application (the "Cram Application"). Your use of the Service and the Cram Application shall be conclusively deemed acceptance of the terms contained in this document. If you do not agree to them, do not use the Service or download, install, or use the Cram Application. All rights that are not explicitly granted in these Terms and Conditions are reserved by SimpleLeap Software.
Service Description
The Service allows users to upload and manage test data on the Internet through SimpleLeap's website. This includes, by way of example: * Adding the user's uploaded data to a device * Adding the test data of another user to a device * Adding test data created by SimpleLeap to a device * Saving uploaded data to a device * Editing and deleting test data for the device * Managing test data for the device
Usage License
SimpleLeap hereby grants you a non-exclusive, non-transferrable license to download, install, and use the Cram Application to access the Service on one BlackBerry, iPhone or iPod Touch device according to these Terms and Conditions. You agree not to reproduce, redistribute, or use the Cram Application by any means or for any purpose other than in accordance with these Terms and Conditions. You agree that SimpleLeap retains all right, title, and interest in the Service and the Cram Application, including all intellectual property rights related thereto. You agree not to remove, alter, or otherwise obscure any trademark, copyright or other proprietary rights notices contained within or displayed by the Cram Application.
Usage License
You may not perform any form of high volume usage beyond reasonable personal use.
Lawful Purpose
You may use the Service or the Cram Application only for lawful purposes. You are responsible for compliance with all federal, state, and local law applicable to your use of the service, whether you use it from the United States or any other country.
International Use
Whether you use the Service from within the United States or any other country, you agree to comply with all local laws, rules, and practices regarding conduct and content. You also agree to comply with all applicable export laws regarding the transmission of technical data exported from the United States or any other country in which you access or use the service.
Not for Use While Driving
Though the Cram Application is convenient, the Cram Application is not intended to be used while driving or performing any other potentially dangerous activity which requires your attention. Using the Cram Application while driving or performing any other potentially dangerous activity which requires your attention may be distracting and unsafe for you and other people on the road, and is prohibited under the terms of these Terms and Conditions. It may also be illegal.
Voluntary Submissions to SimpleLeap
You acknowledge that any submission that you make to us from SimpleLeap's "Contact Form" (or similar) feature becomes the property of SimpleLeap including all intellectual property rights therein. By using this feature, you agree to assign upon transmission to SimpleLeap all rights, title and interest (including all intellectual property rights therein) in such submission, and SimpleLeap may use such submission in any way and for any purpose. However, we will not use your name or any other personal information without obtaining your express permission in advance. You agree not to submit any information or materials which would subject SimpleLeap to any licenses or obligations if we were to use them. By sending us a submission, you are representing that you are the sole and rightful owner of the submission, and that to the best of your knowledge, no other third parties have any claim to your submission. This section shall survive the termination of these Terms and Conditions as defined below.
Third Party Content
Through the Service you may invoke third party content which were not developed by SimpleLeap and in which SimpleLeap has neither any interest nor control. This includes any test files and other content developed by others. SimpleLeap cannot take responsibility for any functionality, content, suitability, privacy, support or other attribute of such content or the content they may request from or deliver to you. Your use of those applications, including when you access them via the Service, is governed by any license agreements you may have entered into with their respective vendors. We cannot guarantee that web searches or other queries you submit via the Service to other applications will not result in displaying content or links to content that you may find objectionable, offensive, or otherwise inappropriate. Such content is not within our control.
Intellectual Property Infringement Claims
SimpleLeap will respond as quickly as practical to any claims that infringing material appears on the Site, including investigating any such claims and taking any appropriate action under applicable laws. If we receive a notice of infringement in accordance with the Digital Millennium Copyright Act (the "Act"), we will take steps to remove or disable access to the allegedly infringing material, including any links thereto. We may terminate access for any person who is a repeat infringer. Notices of alleged infringement should be sent to:
SimpleLeap Software, LLC.
P.O. Box 53155
Atlanta, Georgia 30355
(404) 449-3729
If we remove or disable access to any allegedly infringing material, we may attempt to contact the person who has posted that material to give that person a chance to respond. If there is a response, we will share it with the party who originally complained about the alleged infringement, and will give that party an opportunity to seek a court order or other judicial relief in accordance with the Act before we replace or restore access to the allegedly infringing material.
Privacy Policy
SimpleLeap's privacy policy is available at SimpleLeap Privacy Policy , and is incorporated herein by reference.
Fees, Costs, and Other Expenses
The Service makes use of a data network operated by your wireless service provider to send and receive data from your BlackBerry, iPhone or iPod Touch to our servers. Depending on your data plan, you may incur charges from your wireless service provider for use of their networks and/or for specific services such as making phone calls, sending or receiving text messages and/or emails, or other services. You are solely responsible for any and all costs you incur as a result of your usage of the service.
No Warranties
THE SERVICE AND THE CRAM APPLICATION ARE PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR SUPPORT. SIMPLELEAP HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICE AND THE CRAM APPLICATION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN ADDITION, SIMPLELEAP SPECIFICALLY DISCLAIMS ANY WARRANTIES AS TO SECURITY, PERFORMANCE, OR RELIABILITY OF THE SERVICE AND THE CRAM APPLICATION.
SimpleLeap will use commercially reasonable efforts to respond to technical support requests. We make no claims as to response time, or whether a response will be offered during the trial period of the Cram application. Technical support for the Cram application will be providedvia email for up to sixty (60) days after license purchase. SimpleLeap makes no representation as to the suitability of the Service for any purpose, and shall not be held liable in any way for any consequences or damages that may arise through its purchase, download or use. You agree that you use the Service at your own discretion and risk, and that you are solely responsible for any and all harm and damages incurred through using the Service and through downloading, installing, and using the Cram Application. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state.
Notices
SimpleLeap may provide you with notices from time to time, including those regarding changes to these Terms and Conditions, by, but not limited to, email, regular mail, SMS text message, or other reasonable means.
Changes to These Terms and Conditions
SimpleLeap reserves the right to modify these Terms and Conditions at any time, without notice, for any reason. Please review the current version of these Terms and Conditions from time to time to keep up to date on any changes.
Limitation of Liability
You agree not to hold SimpleLeap, or its directors, officers, employees, agents, partners, and licensors liable for your use, misuse, or reliance of the Cram Application and the Service. This limitation of liability shall apply to prevent recovery of any actual, direct, consequential, incidental, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services, applications or features, even if advised of the possibility of such damages or losses, punitive or other indirect damages, regardless of size or origin, or whether the damages arise from use, misuse, or reliance on the Cram Application, or from any unavailability of the Service for any cause or reason. This section shall survive the termination of these Terms and Conditions. Some states and jurisdictions disallow the exclusion or limitation of liability for damages, so these limitations and exclusions may not apply to you. SimpleLeaps's maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed the amount you paid to SimpleLeap for any Software for which you acquired a license through this Site.
Any merchandise, coupons, offers, products or services offered to you through links to the Site are provided by third parties who are not affiliated with SimpleLeap. SimpleLeap does not endorse any third-party sites or any offers available through any such sites. SimpleLeap has no responsibility for any transactions and communications between you and any third party, including but not limited to any personal information you may choose to provide to any third party.
Term and Termination
These Terms and Conditions become effective immediately when you are granted access to the Cram Application and the Service, and shall remain in effect until your use of the Cram Application and the Service is terminated. You may terminate your use of the Cram Application and the Service at any time without further liability to SimpleLeap. SimpleLeap reserves the unconditional right to terminate these Terms and Conditions at any time and for any purpose, with or without cause, upon written notice to you. Upon termination, your right to use the Cram Application and the Service shall cease. You agree not to challenge such termination in any court of law. The Terms and Conditions regarding limits on liability and voluntary submissions shall survive the termination of these Terms and Conditions, and shall remain in effect indefinitely.
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are the Trademarks of SimpleLeap, except as otherwise noted. All other Trademarks, publicity rights and other rights are the property of their respective owners. You do not have any license or right, by implication, estoppel, or otherwise, to use any Trademark, image or other material displayed on the Site without the written permission of SimpleLeap or the third party that may own the relevant material.
Miscellaneous
These terms and conditions are governed by the laws of the State of Georgia, without regard to principles of the conflicts of laws, and may not be modified except as expressly stated herein. Any disputes relating hereto or to any use of this Site shall be resolved exclusively in the State or Federal Courts located in the State of Georgia, and you and SimpleLeap both consent to the jurisdiction of such courts for any such disputes. Unless otherwise specified, this Site is made available only to provide information about SimpleLeap and its products and services. SimpleLeap controls and operates this Site from its headquarters in Atlanta, Georgia, USA, and makes no representation or warranty that materials in the Site are appropriate or available for use in any other jurisdiction. If you use this Site from elsewhere, you are responsible for compliance with all applicable local laws.