Balcony is a Vioozer Inc. Trademark.
Last Revised: May 1st, 2018
The Balcony platform, services and content can be accessed via websites and/or SDK integration into Hosting Applications (the ‘Hosting Application’). The ‘Hosting Application’ refers to Balcony in the cases when the Application hosting the Balcony SDK is provided by Balcony, either as a Balcony branded app or as a white labeled app.
The Hosting Application, its subsidiaries and affiliates (“The Hosting Application ", "we", "our", "Company") and/or Vioozer Inc. collectively (“Providers", “Providers”, “Balcony”, “Balcony.io”, “Vioozer“) welcome you (the "User(s)", or "you") to our website at www.balcony.io and/or subdomain of this site (the “Site”)and our mobile applications (the "App" as further detailed below). Both Site and App offer location-based crowd sourcing information service (collectively, the "Service"). Each of the Site's and/or App's Users may use them in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
2. The Site and App
the Hosting Application, via the Site and App known as "the Hosting Application", enables the Users to (a) report or generate information requests about locations, (b) receive updated information from other Users, and (c) reply to other User's information requests. Users and/or entities may generate information requests relating to a certain location and/or venue and/or area. In order to allow users to receive information replies in a swift manner, the service is made available to Users of the Site and App, as well as to other users of other services on which the BALCONY SDK is installed. Information requests and/or replies may include texts, photos, videos and other expressions (collectively, the "User Generated Content", as further detailed below).
The User Generated Content is shared anonymously (in a non-personally identifiable manner). However, Users may choose to share their Personal Information with others by (a) sharing the User Generated Content through use of social networks, and/or (b) voluntarily choosing to reveal their identity to others.
The Service may include sending of push-notifications, messages, emails, alerts via various means of communication. Such communication may include messages relating to the Users' reports, requests and/or replies as well as third parties' advertisements or commercial content. You can deactivate the push-notifications at any time by changing the notification settings in accordance with the instructions of the operating system running on the Users’ device.
The Site also provides Users with comprehensive information regarding our Company and the service offered by the Company, as well as other resources.
(Collectively: the "Service")
Please note that the App may only be available on certain operating systems (for example, iOS and Android). The User may only download and use the App on a device running a validly licensed copy of the operating system on which the App was designed to operate. To be able to access or use the App, or any portion thereof, User must legally obtain all the applicable or required facilities, utilities, software and equipment at his/her sole risk and expense.
Note: Use of the Service is entirely free of charge. However, the Hosting Application reserves the right to charge fees for such use in the future. In addition, you hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the App and/or Site, according with the applicable rates charged by your respective third-party internet and data usage service provider as may be from time to time.
The Site and/or App may provide you with additional resources such as the Hosting Application's blog, FAQ and support and may include any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications, materials, designs, data, the "look and feel" of the Site and/or App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site and/or App (collectively, the “Content”).
THE HOSTING APPLICATION OR BALCONY WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS INCURRED TO YOU AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING ANY ACTION TAKEN (OR NOT TAKEN) BY YOU IN CONNECTION WITH THE USE OF THE SERVICES. FOR EXAMPLE, IF YOU ARE PROMPTED BY THE HOSTING APPLICATION TO GENERATE REPLIES (E.G., TAKE PHOTOS OF A CERTAIN LOCATION), ONLY YOU SHALL BE RESPONSIBLE FOR YOUR ACTIONS AND FOR YOUR OWN SAFETY.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE AND/OR APP (OTHER THAN THE USER GENERATED CONTENT) ARE RESERVED TO THE HOSTING APPLICATION OR BALCONY AND THEIR LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR APP AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" BASIS. THE HOSTING APPLICATION OR BALCONY WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS, COST OR EXPENSE INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR APP AND/OR THE CONTENT AVAILABLE THEREIN; AND YOUR RELIANCE ON THE USER GENERATED CONTENT INCLUDING BUT NOT LIMITED TO INFORMATION REQUESTS OR REPLIES FEATURED THEREIN.
IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION. THE HOSTING APPLICATION OR BALCONY HAVE NO CONTROL OVER THE CONDUCT OF ANY USER AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
YOUR USE OF THE SITE AND/OR APP AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT IS ENTIRELY AT YOUR OWN RISK.
There are certain conducts which are strictly prohibited when using the Service. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at the Hosting Application's sole discretion) in the termination of your use of the Service and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf: (a) use the Site and/or App and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or App and/or Content for non-personal or commercial purposes without the Hosting Application's express prior written consent; (c) remove or disassociate from the Content and/or the Site and/or App any restrictions and signs indicating proprietary rights of the Hosting Application or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®), and you represent and warrant that you will abide by all applicable laws in this respect; (d) interfere with or violate Users' rights to privacy and other rights, or harvest or collect Personal Information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) impersonate any person or entity, including, but not limited to, any the Hosting Application agent or representative, falsely state or otherwise misrepresent your affiliation with any person or entity, or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Service; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site and/or App; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by the Hosting Application on or through the Site and/or App, or publicly display, reproduce, create derivative works, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Hosting Application's or Balcony's proprietary rights, including the Hosting Application's or Balcony's Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms and/or under any applicable law which expressly permits such actions; (k) make any use of the Content on any other site or networked computer environment for any purpose without the Hosting Application’s prior written consent; (l) create a browser or border environment around the Hosting Application Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or App and/or Content; (n) frame or mirror any part of the Site without the Hosting Application's prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site and/or App; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to 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; and/or (q) infringe and/or violate any of the Terms.
3, Registration and User Account – Balcony Web Hosted Dashboard
In order to use the Web Hosted Dashboard you must connect via a market standard web browser.
Using the Web Site and/or App may require you to open an account (the “Account“). Registration can be done by completing the registration process within the App which may require your e-mail address and its password.
In order to protect the security of your Personal Information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
You are solely and fully responsible for maintaining the confidentiality of the Account and for all activities that occur under your Account. If we in good faith believe you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of the Hosting Application. 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 these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your Account or any other breach of security.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
4. Contacting us via the Site or the App
You do not have to register in order to visit the Site or download the App. However, in order to contact us using the Site or App, you will need to fill out and complete the Contact Form. The Contact Form may require the User's name and e-mail address and may require certain additional information in the future.
Subject to the terms hereof, the Hosting Application and Balcony hereby grant to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sub licensable and fully revocable limited license (i) to download and use the App on your authorized mobile phone, device or tablet that you own or control, solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (defined below) and applicable law; and (ii) to use the Service and the Content provided in the Site and/or App in accordance with the terms contained in this Agreement.
The Terms do not convey to you an interest in or to the Company Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to the Hosting Application regarding the Site and/or App (“Feedback“), the Hosting Application and/or Balcony shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Hosting Application and/or Balcony current or future products, technologies or services and use such Feedback for any purpose, all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require the Hosting Application and/or Balcony to comply with any additional obligations with respect to any Hosting Application and/or Balcony current or future products, technologies or services that incorporate any Feedback.
the Hosting Application and/or Balcony have no obligation to provide upgrades or new releases of the App or Web site under these Terms.
7. Intellectual Property Rights
The Site, App, the Content and the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Hosting Application by Balcony and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
8. Trademarks and Trade names
“the Hosting Application”, the Hosting Application™, the Hosting Application’s as well as Balcony's marks and logos and all other proprietary identifiers used by the Company in connection with the Service (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site and/or App belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
9. User Generated Content
- The Site and App allow Users to upload, post, publish and make available through it, his/her own copyrightable materials such as designs, animations, literary works, videos, text, images, text material, photos and any other proprietary materials (the "User Generated Content"). Please be sure that while you use the Service you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded to the Site and/or App. the Hosting Application or Balcony will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.
- You hereby further acknowledge and agree that the User Generated Content is non-confidential.
- You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such User Generated Content, on the Service, in any way.
- You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Service or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party's intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).
- Unless you were authorized by the Company in your capacity as a business partner, you expressly agree that the User Generated Content will not include any unsolicited promotions, advertising, contests or raffles.
- You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for the Hosting Application to use or possess in connection with the Service (including but not limited to any content which is defamatory, racist, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent). Do not post or upload any User Generated Content which depicts minors in a sexual manner.
- Although the Hosting Application has no obligation to screen, edit or monitor any of the User Generated Content, the Hosting Application explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Site and/or App at any time and for any reason, and you are solely responsible for creating backup copies of your User Generated Content and replacing any User Generated Content you post or store on the Site and/or App at your sole expense.
- the Hosting Application and/or Balcony take no responsibility and assumes no liability for any User Generated Content uploaded, posted, published and made available by you or any third party in the Site and/or App, or for any loss or damage thereto, nor are the Hosting Application and/or Balcony liable for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third party may encounter.
- the Hosting Application and/or Balcony may create limits on the use of the Site and/or App including limitation on size and storage space available for Users to upload User Generated Content.
- The Site and/or App are accessible from around the world but this does not mean all Services or service features are available in your country, or that the User Generated Content is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services including the User Generated Content is legal in the country where you live.
- IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION.
10. License to User Generated Content
As long as your User Generated Content is subject to any applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property. We do not claim ownership of your User Generated Content. However, we and Balcony need certain licenses to your User Generated Content in order to operate and enable the Services. When you report, upload, post, publish or make available any User Generated Content on the Site and/or App, you grant to the Hosting Application and Balcony a perpetual, non-exclusive, royalty-free, and worldwide license to publically display, communicate, distribute, host, publically perform, publish, reproduce, make modifications or derivatives works (solely for the purpose of better showcasing your User Generated Content) store and to use such User Generated Content, in connection with the Service, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future for the purpose of operating, marketing, promoting and improving our Service, as well as for any other commercial purposes.
When you upload, post, publish or make available any User Generated Content on the Site and/or the App, you grant to each User of the Site and/or the App a non-exclusive, non-commercial and royalty-free license to access and view your User Generated Content on our Site and App. Please note that the Company does not monitor or control what other Users do with your User Generated Content.
You hereby agree that the Hosting Application and/or Balcony may retain and use copies of your User Generated Content for archival or backup purposes and in order to enforce the Terms including investigation of potential violations thereof.
11. Interactive Areas
- The Site and App offer a platform for Users to message other Users of the Site or App and users of other services on which the Balcony SDK and/or other services are installed.
- The Site or App may include a blog or similar features ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk.
- As a provider of Interactive Areas, the Hosting Application and/or Balcony are not liable for any statements, representations or User Generated Content provided by Users in such Interactive Areas.
- Any use of the Interactive Areas or other portions of the Site and/or App in violation of the foregoing restrictions specified in this TOU, constitutes violation of this TOU and may result, inter alia, in termination or suspension of your rights to use the Interactive Areas and/or the Services.
12. Misconduct and Copyright Agent
As a viewer of the User Generated Content, you agree that if you find that any User Generated Content available on the Site and/or App is offensive, harmful, inaccurate, misleading or was posted in violation of these Terms, you may simply stop viewing such User Generated Content and please contact our Misconduct Agent at the email address which appears on the Site and/or App.
the Hosting Application and Balcony respect the intellectual property rights of others. If you believe that your copyrightable work appears on the Site or App and has been copied in a way that constitutes copyright infringement, please provide the following information in writing to the Hosting Application's Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Hosting Application and/or Balcony to locate the material; (iv) information so that the Hosting Application and/or Balcony can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. the Hosting Application's Copyright Agent can be reached at the email address which appears on the Site and/or App.
13. Linking to the Hosting Application's Site and Links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by the Hosting Application, and does not portray the Hosting Application in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to the Hosting Application's Site you represent that your site does not contain content that is unlawful, offensive or infringing third-party rights. However, we do not permit framing or inline linking.
14. Usage Rules
Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider“) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules“). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider's Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider's representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider's Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.