<EULA>Terms of Use Welcome to Status Fairy (together with its content and Search Tool, and whether accessed through a computer or a mobile phone or any other device, the "Service"). Status Fairy is operated by Logia Media Ltd., a company organized in Israel. Please read the following Terms of Use ("Terms") carefully before using this Service so that you ("You" or "Your") are aware of Your legal rights and obligations with respect to the operator of this Service its affiliates and subsidiaries (individually and collectively, "Status Fairy", "Us" or "We"). We reserve the right, at our discretion, to modify these Terms. Any such modification shall become effective 10 days after posting on this website http://statusfairy.esnips.com/. Your continued use of this Service following the effective date of such changes to these Terms will mean You accept those changes. 1. Your Acceptance By accessing or using this Service, You signify Your assent to (1) these Terms; and (2) Status Fairy privacy policy, which you can see http://statusfairy.esnips.com/privacy ("Privacy Policy"). These Terms apply to all users of the Service. If You do not agree to these Terms or the Privacy Policy then please do not access or otherwise use the Service or any information contained herein. 2. Ability to Accept Terms This Service is available for individuals aged 13 years or older. You must, however, be at least 18 years of age to enter into this Agreement on your own behalf and to register for use of the Service. If you are under 18 but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he or she must register on your behalf. Children under the age of 13 may not register for this Service, and parents or legal guardians may not register on their behalf. By registering, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service, including all financial charges that may apply and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not register to Status Fairy and do not attempt to access the Service. 3. Access to the Service A. Status Fairy hereby grants You permission to use the Service, provided that: (i); You will not copy, distribute or modify any part of the Service without Status Fairy's prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) You will not disrupt servers or networks connected to the Service; and (iv) You comply with these Terms. B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Service in a manner that sends more request messages to the Status Fairy servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Status Fairy grants the operators of public search engines permission to use spiders to copy materials from the Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Status Fairy reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, from the Service, nor to use them for any commercial solicitation purposes. C. Status Fairy has the right to terminate Your access to the Service, in its sole discretion, immediately and with or without cause. 4. Description of Service Status Fairy is an application that enables You to update your status line on Facebook and Twitter (the "Networks") directly via Windows Live Messenger. 5. Third Party Software Disclaimer Your use of each of Facebook, Twitter and Windows Live Messenger shall be subject to their applicable terms of use, privacy policy and any other applicable legal document, and Status Fairy shall bear no liability in this connection. 6. Third Party Content Disclaimer You understand that all content made available or accessible through the Networks via Status Fairy, is the sole responsibility of the person or entity from whom it originated. Content made available or accessed through the Networks via Status Fairy is the property of the applicable content owner and may be protected by applicable laws including without limitation those relating to copyrights, patents, trademarks, trade secrets or other proprietary rights. This Agreement gives you no rights to such Content. You understand and agree that by using Status Fairy, you may be exposed to content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any content, including any reliance on the accuracy or completeness of such content. Under no circumstances will Status Fairy be liable in any way for any content created by or originating with entities other than Status Fairy, including, but not limited to, any errors or omissions in any such content, or for loss or damage of any kind incurred as a result of the transmission or posting of such content by means of Status Fairy. Status Fairy will not and cannot censor or edit any third-party content delivered through the Networks. By using the Status Fairy, You expressly release Status Fairy from any and all liability arising from Your use of any such third-party content. Status Fairy is exposed to various security issues, and should be regarded as non-secure. By accepting this Agreement, you acknowledge and accept that Status Fairy, and any information you post or receive by means of Status Fairy, may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as non-secure. You accept all responsibility for such security risks and any damage resulting therefrom. 7. Paid Services In the future, we may offer paid services. In such event, you will not be charged unless you have confirmed the charge. 8. Intellectual Property Rights Status Fairy reserves all rights not expressly granted in and to the Service. "Status Fairy", the Status Fairy logo, and other marks are Marks of Status Fairy or its affiliates. All other trademarks, service marks, and logos used on our Service are the trademarks, service marks, or logos of their respective owners. This section shall survive any termination of these Terms. 9. Links The Service may contain links to third party websites that are not owned or controlled by Status Fairy. Status Fairy is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Status Fairy will not and cannot censor or edit the content of any third-party site. By using the Service, You expressly release Status Fairy from any and all liability arising from Your use of any third-party website. Accordingly, We encourage You to read the terms and conditions and privacy policy of each other website that You visit. 10. Status Fairy Home Page Status Fairy invites you to fix our website as your home page, by indicating your consent in the installation process. 11. Status Fairy Search Tool Status Fairy also offers you to use our Web search provider ("Search Tool") as your default search tool, by indicating your consent in the installation process. You understand that all content, including, without limitation all data, links, articles, search results, graphic or video messages and all information, text, software, music, photos, images, sound, graphics or other materials ("Content") made available or accessible through Search Tool, associated web sites ("Web Sites") or associated services ("Associated Services"), whether publicly available or privately transmitted, is the sole responsibility of the person or entity from whom it originated. Content made available or accessed through Search Tool is the property of the applicable Content owner and may be protected by applicable laws including without limitation those relating to copyrights, patents, trademarks, trade secrets or other proprietary rights. This Agreement gives you no rights to such Content. You understand and agree that by using Search Tool and Associated Services, such as by clicking through to a third-party website by following a search results link, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Status Fairy be liable in any way for any Content created by or originating with entities other than Status Fairy, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of Search Tool or Services. Search Tool is exposed to various security issues, and should be regarded as non-secure. By accepting this Agreement, you acknowledge and accept that Search Tool, and any information you download or offer to share by means of Search Tool, may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as non-secure. You accept all responsibility for such security risks and any damage resulting therefrom. 12. Limitation of Liability and Warranty THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED THROUGH STATUS FAIRY ARE FOR PAYMENT. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND STATUS FAIRY, THE SERVICE (INCLUDING THE CONTENT, THE Search Tool AND ANY OTHER SERVICES PROVIDED THEREBY), IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SERVICE WILL FUNCTION AS CLAIMED, STATUS FAIRY DOES NOT GUARANTEE THAT THE SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SERVICE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT STATUS FAIRY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET OR CELLULAR PHONE NETWORK, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, STATUS FAIRY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICE. STATUS FAIRY DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS ADVERTISED ON THE SITE. UNDER NO CIRCUMSTANCES SHALL STATUS FAIRY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE AND ITS SERVICES EVEN IF STATUS FAIRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT STATUS FAIRY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 13. Indemnity You agree to defend, indemnify and hold harmless Status Fairy, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Service; (ii) Your violation of these Terms; or (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right. This defense and indemnification obligation will survive these Terms and Your use of the Service. 14. Assignment These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Status Fairy without restriction. 15. General Status Fairy reserves the right to discontinue or modify any aspect of the Service at any time. These Terms, the Privacy Policy and the relationship between You and Status Fairy are governed by and construed in accordance with the laws of Israel, without regard to its principles of conflict of laws. You and Status Fairy agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published by Status Fairy via the Service, shall constitute the entire agreement between You and Status Fairy concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND STATUS FAIRY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.EULA>