We offer services optimized for mobile devices. These services are available as an application as well as a native application for iOS and Android (“Services”). By registering for this Service, you accept that you are entering
In order to make the most out of our Service you must have the necessary mobile communication means with easy internet access. Some wireless applications are only available for a select number of mobile devices. This is an issue with its manufacturers, hence out of the control of Provider.3. SECURITY AND REGISTRATION OBLIGATION
In order to guarantee safe use of the Service, you must be registered. You guarantee that your registered personal information is provided to us complete and correct at all times.4. CHANGES OF THE SERVICES
We reserve the right to upgrade, amend, suspend or discontinue the Services without prior notification at any time. You agree that we shall not be liable to you or to any third party for any amendment, suspension, or discontinuance of the Services.5. CODE OF CONDUCT
You agree to use the Service in accordance with the following Code of Conduct:
You agree to indemnify, defend, and hold harmless Provider, its subsidiaries, related parties, affiliates, and their representative and employees from and against any and all claims, lawsuits, demands, actions, or other proceedings brought against it by any third party due to, arising out of or related to (i) the use of the service, the content, the downloads, without limitation, (ii) violation of the Terms of Service or (iii) violation of any law, regulation or third party rights.8. INTELLECTUAL PROPERTY RIGHTS
You are aware and agree that the software used in connection with the Service, the Sites as well as the Services contains information and marks that are protected by valid and applicable copyright law, trade secret law,
trademark law and any other intellectual property rights and laws. Except as otherwise set forth herein, all now known and hereafter rights of every nature worldwide pertaining to the Sites, Services and Software in or as part
of any version, belong to us at all times (“Intellectual Property Right”).
You agree to make no claim of interest in or ownership of any Intellectual Property Rights and you acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, other than the rights expressly granted in the Terms of Service. You guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products partially or entirely derived from the Service or the Software except in the event that Provider has given you explicit written permission to do so.
Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the Software and download the content to use the Service on a designated compatible mobile device solely for your own personal non-commercial use and to use the Software and transfer the application solely in accordance with the Terms of Service, as long as you do not copy, alter or amend any Software, source coders or content, or reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from it, or carry out reverse engineer or reverse assembly those or otherwise attempt to find a source code, and you agree not to sell any rights related to the content, the software and the Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the Software and download the content to use the Service on a designated compatible mobile device solely for your own personal non-commercial use and to use the Software and the Sites solely in accordance with the Terms of Service, as long as you do not copy, alter or amend any Software, source codes or content, or reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from it, or carry out reverse engineer or reverse assembly those, or otherwise attempt to find a source code, and you agree not to sell any rights related to the content, the Software and the Intellectual Property Rights, code those, issue sub-licenses for those, encumber those with security rights or otherwise transfer those. You guarantee that you will not amend the content, the Software and Intellectual Property Rights in any way or use amended versions of the Software and Intellectual Property Rights, including (but not limited to) in order to gain unauthorized access to the Service. You guarantee that you will only use the interface provided by the Provider in order to access the Service. Provider herewith grants permission to make only one copy of the information on the equipment you use for gaining access to the Service and to use and display the copy of the Registered Information made on that equipment for private purposes. We aim to respect the intellectual property rights of others. If you are a copyright owner or authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, and you believe that any content on the Sites or Services infringes your copyright, you may submit Provider’s designated copyright agent a copyright infringement notification by providing the following information:
WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (THE "PROVIDER PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICE, THE CONTENT, THIS SOFTWARE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE PROVIDER PARTIES BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF YOUR USE, MISUSE OR INABILITY TO USE THE SERVICE, THE CONTENT, SOFTWARE AND SITES, EVEN IF PROVIDER'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PROVIDER PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO REGISTER FOR THE SERVICE, THE CONTENT, THE SOFTWARE AND SITES.11. GENERAL INFORMATION
These Terms of Service form the entire legal agreement and understanding between you and Provider and supersede all previous agreements, understandings and representations between you and Provider relating to the Services. You
agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms of Service or the use of the Services.
You may not transfer any of your rights or delegate any of your obligations under this agreement without our prior written consent. Nothing in this agreement affects your statutory right as a consumer.
National laws from your country of residence are applicable to the relationship between you and Provider, regardless of provisions of applicable international law. You and Provider hereby waive any right to jury trial with
respect to any action brought in connection with the Terms of Service. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Disputes will be submitted to final and binding arbitration under the rules of the arbitration association in your country. Any failure by Provider to exercise or invoke certain rights or stipulations laid down in these Terms of Service in no way constitutes a waiver or renunciation of those rights or stipulations.
In case any provision of the Terms of Service is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.
Want to make the most of Estasherni? Upgrade to a Monthly Subscription with $69.99 monthly to have the following features:
1-long voice record up to 10 minutes
2-100 points added to your account every month
3-Skip waiting list by getting response to your request within 24 hours
Subscriptions will automatically renew each month and be charged to your iTunes account within 24-hours of the end of the current period, unless auto-renew is turned off at least 24-hours before the end of the current period. You can turn off auto-renew at any time from your iTunes account settings, but refunds will not be provided for any unused portion of the term. These prices are for United States customers. Pricing in other countries may vary and actual charges may be converted to your local currency depending on the country of residence.