VBlocker Terms and Conditions

Revised 26 September 2016

PLEASE READ AND MAKE SURE YOU UNDERSTAND ALL THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING OR AGREEING TO THIS AGREEMENT OR ACCESSING OR USING THE APP OR ANY ASSOCIATED SERVICES.

This End User License Agreement (hereinafter referred to as this "Agreement") is made by and between VBlocker - Call and Sms Blocker (hereinafter referred to as "VBlocker - Call and Sms Blocker") and the person purchasing or obtaining the license to the App (hereinafter referred to as "you" and "your") on a voluntary basis for the downloading, installation, access, and use of the VBlocker - Call and Sms BlockerApp for which this Agreement is provided for acceptance by you (together with all associated information, documentation and App, the "App") and the receipt and use of any services that VBlocker - Call and Sms Blocker agrees to make available or provide in connection with the access or use of the App (the "Associated Services," and together with the App, the "VBLOCKER - CALL AND SMS BLOCKER Services") by you who downloads and installs and/or accesses and uses the App with your permission, approval, or consent,if any on a single mobile device that you own or control (such mobile device, the "Device").

I.                    ACCESS RIGHT; ACCEPTANCE

YOUR AGREEMENT TO AND ACCEPTANCE OF THIS AGREEMENT IS A CONDITION PRECEDENT FOR EXERCISING ANY OF THE RIGHT TO TAKE A LICENSE TO THE APP TO ACCESS AND USE THE APP BY YOU ON THE DEVICE AND THE RIGHT TO RECEIVE THE ASSOCIATED SERVICES (COLLECTIVELY, SUCH RIGHTS THE "ACCESS RIGHT") THAT YOU RECEIVED FROM VBLOCKER - CALL AND SMS BLOCKER OR FROM A DISTRIBUTOR OR SELLER (SUCH AS A STORE OFFERING SUCH RIGHTS UNDER AGREEMENT WITH VBLOCKER - CALL AND SMS BLOCKER) AUTHORIZED BY VBLOCKER - CALL AND SMS BLOCKER TO SELL YOU THE RIGHT ("AUTHORIZED RESELLER"), YOU WILL BE IRREVOCABLY, IRREFUTABLY, AND CONCLUSIVELY DEEMED TO HAVE READ, UNDERSTOOD, AND HAVE ACCEPTED AND AGREED TO THIS AGREEMENT IF YOU CLICK OR ACTIVATE THE “I ACCEPT” OR “I AGREE” OR OTHER BUTTON OR SPACE SIGNIFYING OR CONFIRMING YOUR AGREEMENT TO THIS AGREEMENT AND ALL OF THE TERMS OF THIS AGREEMENT, OR IF YOU FIRST DOWNLOAD, INSTALL, ACCESS, OR USE THE APP, WHICHEVER OCCURS EARLIER (“YOUR ACCEPTANCE”). YOUR ACCEPTANCE IS A CONDITION PRECEDENT FOR THE EFFECTIVENESS OF THE LICENSE. IF YOU DO NOT OR CANNOT AGREE TO THIS AGREEMENT, YOU MAY NOT ACCESS, LOAD, OR USE THE APP OR ANY ASSOCIATED SERVICES AND MUST EXIT IMMEDIATELY, DO NOT LOAD, ACCESS, OR USE, AND CEASE LOADING, ACCESSING, OR USING, THE APP IN ANY MANNER AND COMPLETELY REMOVE THE APP FROM YOUR DEVICE. EACH ACCESS TO OR USE OF THE APP OR ANY ASSOCIATED SERVICES BY YOU AND SHALL BE DEEMED TO BE YOUR RATIFICATION OF AND AGREEMENT TO THIS AGREEMENT.

II.                  MODIFICATION OF THIS AGREEMENT

VBLOCKER - CALL AND SMS BLOCKER MAY MODIFY, AMEND, CHANGE, AND ALTER THIS AGREEMENT OR ANY OF THE TERMS OF THIS AGREEMENT AT ANY TIME AND NOTIFY YOU OF SUCH MODIFICATION, AMENDMENT, CHANGE, AND ALTERATION AND REQUIRE YOUR CONSENT OR CONFIRMATION AS A CONDITION PRECEDENT TO THE CONTINUED ACCESS TO AND USE OF THE APP. YOUR CONFIRMATION AND CONSENT, AND ANY ACCESS TO AND USE OF THE APP OR ANY ASSOCIATED SERVICES THEREAFTER, SHALL BE DEEMED TO BE YOUR AGREEMENT TO SUCH MODIFICATION, AMENDMENT, CHANGE, OR ALTERATION AND YOUR RATIFICATION OF THIS AGREEMENT SO MODIFIED, AMENDED, CHANGED, OR ALTERED. EACH ACCESS TO OR USE OF THE APP OR ANY ASSOCIATED SERVICES THEREAFTER BY YOU AND SHALL BE DEEMED TO BE YOUR RATIFICATION OF AND AGREEMENT TO THIS AGREEMENT AS SO MODIFIED, AMENDED, CHANGED, OR ALTERED..

If you have any questions about this Agreement, please contact VBlocker - Call and Sms Blocker at vishbodkhe@gmail.com.

III.                LICENSE; USE OF THE APP.

VBlocker - Call and Sms Blocker is an Android App and only available on google play store for download. VBlocker hereby grants to you a limited, non-exclusive, terminable, revocable, non- sublicensable, non-assignable, and non-transferable license to download and install the App solely on the Device and to access and use the App solely on and from the Device as downloaded and installed thereon, and to use the Associated Services related to such access and use in accordance with the terms and conditions of this Agreement, including, without limitation, the provisions of this Section III (the "License"). You must download, install, access, and use the App in compliance with all applicable law and the provisions, policies, and terms in this Agreement.

The App and Associated Services include such elements, features, and/or services as VBlocker - Call and Sms Blocker makes available to you as part of the App and the Associated Services under this Agreement, subject to any Modification. The App provides lots of unique features FREE that no app is providing. And to make the app blocking more powerful, user can upgrade to the available packages from Google Play – In App Purchases. The purchases are linked with user Google account and not for phone number. The purchases can be easily get on another phone with same Google account.

VBlocker - Call and Sms Blocker may (if, as, and when it decides to do so in its sole discretion – without any obligation – without need for any approval, agreement, or consent by, or notice to, you, or any third party) install or make available to you any update to the App and/or the Associated Services, including, without limitation, modification, error correction, update, upgrade, alteration, enhancement, or change of or to the App application defined in this Agreement as the "App" ("Modification"). Upon installation or making available any Modification, the App shall be deemed licensed solely with such Modification and shall become unlicensed if used without such Modification, and the term "App" shall be deemed to include such Modification.

ANY ACCESS, EXECUTION, OR USE OF THE APP, THE ASSOCIATED SERVICES, OR ANY PART THEREOF OTHER THAN AS EXPRESSLY PERMITTED UNDER THIS AGREEMENT, OR FOR ANY PURPOSE OR REASON NOT IN ACCORDANCE WITH A PURPOSE OR REASON PERMITTED UNDER THIS AGREEMENT OR BY VBLOCKER - CALL AND SMS BLOCKER, SHALL BE DEEMED TO BE AN INFRINGEMENT OF VBLOCKER - CALL AND SMS BLOCKER’S INTELLECTUAL PROPERTY RIGHTS IN THE APP OR THE ASSOCIATED SERVICES AND SUBJECT TO ALL RIGHTS AND REMEDIES OF VBLOCKER - CALL AND SMS BLOCKER ARISING FROM OR IN CONNECTION WITH SUCH AN INFRINGEMENT.

You shall not, and shall not permit any third parties to, in any manner:

·         modify, alter, amend, fix, translate, enhance or otherwise create derivative works of the App and/or the Associated Services;

·         reverse engineer, disassemble, decompile, decode or adapt the App and/or the Associated Services, or otherwise attempt to derive or gain access to the source code of the App and/or the Associated Services, in whole or in part, except as and only to the extent this restriction is prohibited by law;

·         remove, disable, or otherwise create or implement any workaround to any security features contained in the App and/or the Associated Services;

·         remove, delete or alter any trademark or copyright notices or other Intellectual Property Rights (as defined in Section VI of this Agreement) notices of VBlocker - Call and Sms Blocker or its licensors, if any, from the App and/or the Associated Services;

·         copy the App and/or the Associated Services, in whole or in part (other than solely as necessary to install or use the App as expressly permitted in this Agreement);

·         rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make the App and/or the Associated Services or its related documents available to, or permit access thereto or use thereof by, any third party for any reason, commercial or otherwise;

·         use the App and/or the Associated Services for purposes of competitive analysis, the development of a competing App product or any other purpose that is to VBlocker - Call and Sms Blocker's commercial disadvantage;

·         use the App and/or the Associated Services in any manner that could impair any VBlocker - Call and Sms Blocker site or products or services in any way or interfere with any party’s use or enjoyment of any VBlocker - Call and Sms Blocker site or products or services;

·         charge any fees in any way if you recommend the App to other people;

·         use the App and/or the Associated Services in violation of any applicable local or national law (including, without limitation, in connection with or for any defamation, harassment, crime or other unlawful act or omission, spamming, data phishing, obscene or pornographic uses, or other use that may cause VBlocker - Call and Sms Blocker to be liable to any third party or under any law for or as a result of your use of the App and/or the Associated Services or that would cause VBlocker - Call and Sms Blocker to be brought into disrepute);

·         use the App and/or the Associated Services to monitor a mobile device you do not own or control, monitor your spouse, significant other or adult children; or

·         use the App to circumvent any professional or other confidentiality privilege.

If you violate any of the foregoing, VBlocker - Call and Sms Blocker shall have the right to terminate your license to the App and use of the Associated Services and to investigate legal liabilities of all individuals and entities involved and hold such individuals and entities liable.

You agree to download, install, access, and use the App and use the Associated Services in accordance with any and all applicable law, statutes, regulations, rules, ordinances, directives, and court and governmental orders, including, without limitation, all law statutes, regulations, rules, ordinances, directives, and court and governmental orders related to data privacy, data security, and confidentiality of data and information regarding any data collected, received, shared, or accessed by you in connection with the use of the App and/or the Associated Services ("Legal Requirements"). You shall ensure at all times that you have all rights and/or licenses to any technology, App, hardware, work, material, data, and/or information that you use in connection with the App and/or the Associated Services and lawfully procuring any and all such rights and/or licenses at your sole cost.

You should NEVER attempt to monitor a mobile device you do not own or control, monitor your spouse, significant other or adult children with any mobile device monitoring product without the consent and knowledge of such persons. Doing so may be illegal, and violate local, state, and federal laws in your country and you could be subject to civil or criminal penalties. We will cooperate with authorities in investigations of any allegations of misuse.

You are solely responsible, throughout the duration of this Agreement and your access to and use of the App and/or access to or use of the Associated Services, for obtaining, providing, establishing and maintaining, at your sole cost, all services, App, hardware, and other prerequisites that are or may be necessary for downloading, installing, accessing, and/or use of the App and/or access to or use of the Associated Services, including, without limitation, any wireless services and wireless data services (collectively, "Prerequisites"), and VBlocker - Call and Sms Blocker is not, and shall not be, liable for any Prerequisite, or the provision thereof, or any costs, charges, fees, taxes, rates, or other payments incurred or made in connection therewith. You agree to comply with all terms and agreement of any provider of any Prerequisites used by you (e.g., a wireless data service agreement).

VBlocker - Call and Sms Blocker has and shall have no obligation whatsoever to furnish any maintenance and support services of any kind with respect to the App and/or the Associated Services. If VBlocker - Call and Sms Blocker, in its sole discretion, directly or indirectly makes available any maintenance or support, VBlocker - Call and Sms Blocker is not obligated at any time to continue or provide again any maintenance or support and VBlocker - Call and Sms Blocker may at any time discontinue, reduce and limit access to, or charge any fee for any maintenance or support if and as it decides in its sole discretion, with or without notice to you. VBlocker - Call and Sms Blocker does not offer, and does not agree to, any service level agreement, service levels, credit, uptime, minimum uptime, or other similar features to you.

IV.               TERM.

This Agreement is effective upon Your Acceptance and continues, including, without limitation, the License, until the end of the expiration of the License Term or the termination or cancellation of this Agreement, whichever occurs earlier (the "Term").

V.                 INTELLECTUAL PROPERTY RIGHTS, OWNERSHIP AND RESERVATION OF RIGHTS.

The App and the Access Services are proprietary to VBlocker - Call and Sms Blocker. You acknowledge and agree that the App is being licensed, not sold, to you by VBlocker - Call and Sms Blocker. No rights are granted or extended, implicitly, expressly, or otherwise, to any third party, and your access and use of the App and/or the Associated Services does not, and shall not be deemed, to exhaust any Intellectual Property Right in or to or related to the App and/ or the Associated Services with regard to you outside the express license in this Agreement or to any third party. All Intellectual Property Rights to the App, the Access Services, all Modifications, and all content and code are owned by VBlocker - Call and Sms Blocker and are protected by law. You further acknowledge and agree that you do, and shall not be deemed to, acquire any ownership, co-ownership, right, title, interest, license (except solely the express license to access and use the App and the right to access and use the Associated Services expressly granted to you as set forth in this Agreement during the term of this Agreement), or encumbrance in or to, and that VBlocker - Call and Sms Blocker shall retain its entire sole ownership, right, title, interest in and to, the App, the Associated Services, all Modifications, all derivations and derivative works therefrom and all improvements, modifications, upgrades, updates, error corrections, patches, enhancements, versions, and alterations thereto, all content, works, inventions, technology, data, information, and code therein or thereof, and all other proprietary products and services of VBlocker - Call and Sms Blocker (including without limitation products and services released solely or jointly with its partners), and all Intellectual Property Rights (as defined herein) in or to or arising out of or relating to any of the foregoing (collectively, "VBlocker - Call and Sms Blocker Property").

The term "Intellectual Property Rights" means, individually and collectively, any and all of the following, anywhere in the world and under any law: (a) patents, patent applications, patent disclosures, invention disclosures, and inventions (whether patentable or not), (b) trademarks, service marks, trade dress, trade names, logos, corporate names and domain names, and all goodwill in or arising from any of the foregoing, (c) copyrights and rights in and to or arising from or related to copyrightable works (including computer programs), mask works and rights in data and databases, (d) rights in and to or arising from or related to trade secrets, know-how, show-how, and other confidential or proprietary information, and (e) all other intellectual and industrial property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection provided by applicable law, regulations or rules in any jurisdiction throughout the world. You shall promptly notify VBlocker - Call and Sms Blocker if you become aware of any possible third-party infringement of VBlocker - Call and Sms Blocker's Intellectual Property Rights arising out of or relating to the App and/or the Associated Services and fully cooperate with VBlocker - Call and Sms Blocker in any legal action taken by VBlocker - Call and Sms Blocker against third parties to enforce its Intellectual Property Rights. You shall safeguard the App (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access.

Without VBlocker - Call and Sms Blocker's written permission, no entity or individual shall use, duplicate, change, copy, distribute or use or sell with other products any part of the App and/or the Associated Services, any other product, information or materials owned by VBlocker - Call and Sms Blocker, or any other VBlocker - Call and Sms Blocker Property in any manner for any reason whatsoever. Without VBlocker - Call and Sms Blocker's written permission, no entity or individual shall use, duplicate, change, distribute, copy or infringe in other ways VBlocker - Call and Sms Blocker's trademarks in part or as a whole in any manner for any reason whatsoever.

VBlocker - Call and Sms Blocker's core technology is protected by the patent and other Intellectual Property Rights laws of various countries. Without VBlocker - Call and Sms Blocker's written permission, no entity or individual shall carry out, duplicate, modify, distribute, copy or infringe in other ways VBlocker - Call and Sms Blocker’s patented products and patented technology in any manner for any reason whatsoever.

If and to the extent you acquire or obtain any ownership, co-ownership, right, title, interest, license (except solely the express license to access and use the App and the right to access and use the Associated Services expressly granted to you as set forth in this Agreement during the term of this Agreement), or encumbrance, you agree to assign, transfer, and convey, and you hereby assign, transfer, and convey, to VBlocker - Call and Sms Blocker – free of any royalty, fee, or other payment obligation of VBlocker - Call and Sms Blocker or any of its affiliates – all such ownership, co-ownership, right, title, interest, license, and encumbrance. You agree to execute any document and take any other action or forego to take any other action as requested by VBlocker - Call and Sms Blocker to you to give effect to the provisions of this Article V.

VI.               RIGHT OF REPUTATION.

As a legal person, VBlocker - Call and Sms Blocker's rights of reputation are protected by the law. Where the company's goodwill is slandered or the rights of reputation are infringed by illegal means of forging and disseminating false information and materials, or similar actions, VBlocker - Call and Sms Blocker has the right to pursue legal responsibilities according to law. Where the above Intellectual Property Rights of VBlocker - Call and Sms Blocker are infringed or the exercise of the Intellectual Property Rights are hindered, legal responsibilities will be investigated according to law and you may be held liable for such infringement and/or hindering.

VII.             PRODUCT CLAIMS.

VBlocker - Call and Sms Blocker is not responsible for addressing and you hereby waive any claims by you or any third party relating to the App and/or the Associated Services or your possession and/or use of the App and/or the Associated Services, including but not limited to: (a) product liability claims; (b) any claim the App and/or any of the Associated Services fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You accept full responsibility and agree to be fully liable for all results, consequences, injuries, death, damages, emotional distress, and harm of any kind caused by your use of the application, or implementation of the App, the Associated Services, or the Device, or any violation of the provisions of this Agreement by you.

 

VIII.           DISCLAIMER OF WARRANTIES.

VBLOCKER - CALL AND SMS BLOCKER MAKES NO WARRANTIES OR REPRESENTATIONS HEREUNDER OR REGARDING THE APP AND/OR THE ASSOCIATED SERVICES. VBLOCKER - CALL AND SMS BLOCKER DISCLAIMS RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE APP AND/OR THE ASSOCIATED SERVICES. THE APP AND THE ASSOCIATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". VBLOCKER - CALL AND SMS BLOCKER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, WORKMANSHIP, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE APP AND/OR THE ASSOCIATED SERVICES. YOU DOWNLOAD AND USE THE APP AND/OR THE ASSOCIATED SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE APP AND/OR THE ASSOCIATED SERVICES.

IN THE EVENT OF ANY BREACH OF ANY WARRANTY, OR ANY FAILURE OF THE APP AND/OR THE ASSOCIATED SERVICES TO CONFORM TO ANY WARRANTY, THAT APPLIES AND IS NOT OR CANNOT BE EFFECTIVELY DISCLAIMED HEREUNDER UNDER APPLICABLE LAW: (I) YOU MAY NOTIFY VBLOCKER - CALL AND SMS BLOCKER DURING THE LICENSE TERM THEREOF AND VBLOCKER - CALL AND SMS BLOCKER MAY CORRECT SUCH FAILURE OR BREACH, AND  VBLOCKER - CALL AND SMS BLOCKER WILL HAVE NO OTHER WARRANTY OBLIGATION OR OTHER LIABILITY WHATSOEVER WITH RESPECT TO THE APP, THE ASSOCIATED SERVICES, OR THIS AGREEMENT, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.

IX.                LIMITATION OF LIABILITY.

NEITHER VBLOCKER - CALL AND SMS BLOCKER NOR ITS SERVICE PROVIDERS OR AFFILIATES WILL BE LIABLE TO YOU OR ANY USER FOR ANY USE OR MISUSE OF THE APP AND/OR THE ASSOCIATED SERVICES. SUCH EXCLUSION INCLUDES, BUT IS NOT LIMITED TO: (A) DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE (EVEN IF VBLOCKER - CALL AND SMS BLOCKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); (B) APPLIES WHETHER DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE APP AND/OR THE ASSOCIATED SERVICES, FROM INABILITY TO USE THE APP AND/OR THE ASSOCIATED SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE APP AND/OR THE ASSOCIATED SERVICES (INCLUDING ANY DAMAGES INCURRED BY THIRD PARTIES); AND (C) APPLIES NOTWITHSTANDING A FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF AND TO THE EXTENT THAT VBLOCKER - CALL AND SMS BLOCKER OR ANY OF ITS SERVICE PROVIDERS OR AFFILIATES IS LIABLE TO YOU FOR ANY DAMAGES NOTWITHSTANDING THE FOREGOING PROVISIONS, YOU AGREE THAT THEIR AGGREGATE AND COMPLETE LIABILITY SHALL BE LIMITED TO THE PURCHASE PRICE, IF APPLICABLE, FOR THE LICENSE TO ACCESS, INSTALL, AND USE THE APP, AND THE RIGHT TO ACCESS AND USE ANY ASSOCIATED SERVICES, UNDER THIS AGREEMENT.

X.                  INDEMNIFICATION.

You will indemnify and hold harmless VBlocker - Call and Sms Blocker and its parents, subsidiaries, officers, directors, shareholders, agents and employees, from any and all losses to the extent resulting from any action, suit, proceeding, claim, demand, investigation or assessment due to or arising directly or indirectly out of (i) your access and/or use of the App and/or the Associated Services, (ii) any violation of any applicable law arising from your conduct or in connection with your use or misuse of the App and/or the Associated Services, (iii) any alleged violation of this Agreement or other applicable agreements between you and VBlocker - Call and Sms Blocker, (iv) any negligence (whether sole, contributory, or comparative) and willful misconduct, and (v) any alleged violation of any applicable law or regulation (EXPRESSLY INCLUDING, IN EACH CASE, ANY SUCH LOSSES ATTRIBUTABLE TO THE ORDINARY, SOLE OR CONTRIBUTORY NEGLIGENCE OR STRICT LIABILITY OF VBLOCKER - CALL AND SMS BLOCKER). VBlocker - Call and Sms Blocker reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

XI.                LEGAL RESTRICTIONS.

Some countries and jurisdictions do not allow the conditions, limitations, disclaimer, or exclusion of implied warranties, representations, or conditions, so some of the disclaimers, exclusions, limitations, and/or obligations in Sections X, XI, XII, and/or XIII of this Agreement may not apply to you. In such case: (i) the conditions, limitations, disclaimer, or exclusion of implied warranties, representations, or conditions shall not be invalidated or nullified but be revised and remain valid and enforceable such that they are effective to the greatest extent as permitted under applicable law, and (ii) if any implied warranties or conditions would then otherwise arise, such implied warranties and conditions will be limited in duration to ninety (90) days, or if applicable law requires a longer time period, the shortest legally required time period, from the date of the delivery of the App and/or the Associated Services.

 

 

XII.              BASIS OF BARGAIN.

You agrees and acknowledges that VBlocker - Call and Sms BlockerApp purchase is linked with users Google account and not phone number and the parties have entered into this Agreement in reliance on the limited warranties, warranty disclaimers, limitations and exclusions of liability, and indemnity set forth herein, that the same reflect an agreed-to allocation of risk between the parties (including the risk that a remedy may fail of its essential purpose and cause consequential loss), and that the same forms an essential basis of the bargain between the parties.

XIII.            PRIVACY POLICY.

As a mobile security, privacy and parental control service provider, VBlocker - Call and Sms Blocker may collect certain personal information about you (in connection with the App and/or the Associated Services. You consent to the collection, use, disclosure, and other handling of such Personal Information as specified in the Privacy Policy, which is hereby incorporated by reference.

XIV.           INJUNCTIVE RELIEF.

You agree that damages alone may be an insufficient remedy for violations of the terms of Sections III, VI, VII, and IX of this Agreement, and that VBlocker - Call and Sms Blocker may suffer irreparable damage as a result of such a violation. Accordingly, VBlocker - Call and Sms Blocker shall be entitled, in the event of a breach or threatened breach of Sections III, VI, VII, and IX of this Agreement, to seek injunctive relief (or equivalent relief available under the law of the jurisdiction where VBlocker - Call and Sms Blocker seeks such relief) to enforce the provisions of Sections III, VI, VII, and IX of this Agreement without posting a bond. Injunctive (or such equivalent) relief shall be in addition to any and all other rights or remedies available to VBlocker - Call and Sms Blocker, including, but not limited to, damages or other relief or remedies for such violation. Assertion or the failure to assert injunctive (or such equivalent) relief shall not constitute a waiver of any such other rights or remedies. In the event it is necessary for VBlocker - Call and Sms Blocker to institute legal proceedings to enforce Sections III, VI, VII, and IX of this Agreement, VBlocker - Call and Sms Blocker will be entitled to recover attorneys’ fees and costs incurred by VBlocker - Call and Sms Blocker in such proceedings if it prevails in such proceedings.

XV.             ASSIGNMENT/CHANGE OF CONTROL.

This Agreement may not be assigned, nor may any of your obligations under this Agreement be delegated, in whole or in part, by you by operation of law, merger, or any other means without VBlocker - Call and Sms Blocker’s express prior written consent and any attempted assignment without such consent will be null and void. VBlocker - Call and Sms Blocker may, without notice to you, assign this Agreement. Further, VBlocker - Call and Sms Blocker may perform all obligations, if any, to be performed by VBlocker - Call and Sms Blocker under this Agreement directly or may have some or all obligations performed by its affiliates, agents and/or independent contractors.

XVI.           SEVERABILITY.

If a court of competent jurisdiction finds any clause of this Agreement to be unenforceable for any reason, that clause of this Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

XVII.         NO THIRD PARTY BENEFICIARIES.

The parties do not intend any third party to be a third party beneficiary under this Agreement, and nothing in this Agreement shall be construed for any third party to be a third party beneficiary or to confer any third party beneficiary rights or status on any third party.

XVIII.       ENTIRE AGREEMENT.

All terms, conditions and provisions of this Agreement and any privacy statement or other policies and terms and conditions of use accepted by you, constitute the entire agreement between you and VBlocker - Call and Sms Blocker and shall supersede all other communications, representations, agreements or understandings, either oral or written, with you with respect to the subject matter hereof.

Thank you for choosing VBlocker - Call and Sms Blocker services and your comments and suggestions are always appreciated.

Should you have any questions, please contact us by e-mail at vishbodkhe@gmail.com.