1. Use of Application and/or Services
Subject to the terms and conditions set forth herein, you may access and use the Application for the purpose of using the Services on a non-exclusive basis. When sharing, transferring or otherwise using the Application and/or the Services, you will be required to, and responsible for, assuring that any party to whom you may send, share, otherwise use the Application and/or the Services accept these terms. You acknowledge that the Company may, in its sole discretion and at any time, modify, update or otherwise change the Application or Services, including discontinuing providing any part of the Application and/or Services or modify or delete any Third Party Content or User Content available through the Application or Services, changing the name of the Application and/or Services and branding or re-branding the Application and/or Services without prior notice. Use of the Application and Services is void where prohibited. By using the Application and Services you represent and warrant that: (a) any information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least the age of majority in your jurisdiction,or if under such age, you confirm that you have duly received the permission of your parents or legal guardian to use the Application and Services, and that your parents or legal guardian has agreed to these Terms (d) your use of the Application or Services does not violate or promote the violation of any applicable law or regulation or any legal or contractual obligation you may have to a third party and you have and will at all times comply with all applicable laws, rules and regulations in connection with your use of the Services and Application, any services arranged through the Services and Application, including without limitation such services connected in any way to the Third Party Content, and any interactions with other Users.
Subsections (a)-(d) shall be referred to, jointly, as the " Users Undertakings and Warranties".
By using the Services or Application you understand and agree that the Company may in its sole discretion, but is not required to, verify that any or all of the Users Undertakings and Warranties are met by any User and you further agree that the Company is not responsible for assuring that the Users Undertakings and Warranties are met or for any failure to suspend, terminate or prevent the use of the Services or Application by Users who do not meet the Users Undertakings and Warranties. You understand that you are solely responsible for making your own evaluations, decisions and assessments about whether to engage other Users or otherwise interact with other Users or use, rely upon or share any Third Party Content or User Content (as defined below) in any way. If you become aware of any violation to the Users Undertakings and Warranties you are encouraged to report it to the Company. The Company reserves the right to suspend your or other Users' membership with or without notice in its sole discretion, whether it becomes aware of any violation to the Users Undertakings and Warranties (either by reports provided to it by other Users or any other means) by you or any other User, or for any other reason. If your membership is suspended and/or terminated, you agree to make no further use of the Services and Application after termination or during suspension. Without derogating from the above, the Company expressly disclaims, and you expressly release the Company from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to: (i) any inaccuracy, untimeliness or incompleteness of a User’s representations regarding compliance with the Users Undertakings and Warranties; (ii) misstatements and/or misrepresentations made by any Users; and (iii) any inaccuracy, untimeliness or incompleteness of any Third Party Content.
By using the Application and Services you understand and agree that the Company: (a) does not employ, recommend or endorse any Third Parties or any related party thereof, and has no control over the Third Party Content, User Content or the acts or omissions of any Third Parties or any other Users in any way using or having used the Application or the Services; (b) makes no representations or warranties about the Third Party Content or User Content, including the quality, compatibility, truthfulness, safety or any other feature of such content or of any of the information, products, services, locations or attractions related thereto, or about your interactions or dealings with other Users or Third Parties; (c) makes no representations or warranties about the proprietary rights related to the Third Party Content or User Content or about any required authorization, permits or licenses for the use, upload, sharing or otherwise making available of such Third Party Content or User Content; and (d) is not responsible for the performance or conduct of any User, Third Party or other third parties in any way using or having used the Services, and/or on or off the Application. The Company is not obligated to screen or otherwise to verify any information regarding Third Parties and/or Users, the Third Party Content, the User Content or any other feature related to the Application or Services and therefore, you should exercise caution and perform your own examinations and checks before using or relying on the Third Party Content or User Content in any way. The Company expressly disclaims, and you expressly release the Company from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Services and Application or your interactions or dealings with other Users or Third Parties, including without limitation any acts and/or omissions of Users or Third Parties in any way using or connected to the Services or Application in any means. By using the Services or Application, you acknowledge that you are solely responsible for such use and the connections, interactions or any other action you make and that all use of the Services and Application is at your sole risk.
Without derogating from the provisions of Section 1 thereof, you shall not, and shall not permit any third party, to: (a) reverse engineer or attempt to find the underlying code of the Application and/or Services; (b) use the Application and/or Services in violation of any applicable law or regulation, including but not limited to, post, publish, share or otherwise transfer any illegal or offensive material; (c) copy, modify, or create derivative works of the Application, Services, Third Party Content or User Content; (d) attempt to disable or circumvent any security or access control mechanism of the Application or Services; (e) design or assist in designing cheats, exploits, automation software, bots, hacks, modes or any other unauthorized third-party software to modify or interfere with the Application or Services; (f) use the Application or Services or engage with other Users for any purpose that is in violation of any applicable law or regulation; (g) attempt to gain unauthorized access to the Application or Services, other User Accounts and private information, or other device, computer system, phone systems, or networks connected to the Application or Services; and (h) harvest or otherwise collect information about Users or Third Parties without their consent and the Company's. If you post, publish, share or otherwise transfer through the Application and/or using the Services any visual content or other information, including with respect to the Third Parties (the " User Content"), you represent and warrant that such User Content, complies with these Terms herein, and does not: (a) contain any defamatory, libelous, obscene, sexually suggestive or otherwise offensive content (including material promoting or glorifying hate, violence, or bigotry); (b) contain any worms, viruses or otherwise malicious software; and (c) violate any applicable law or regulation. The Company reserves the right to remove, suspend access to or permanently delete any User Content in accordance with its sole discretion without prior notice, including without limitation any such content that violates the warranties set forth above or the Company's business interests, and you shall have no right or claim in respect of any such decisions and actions. Without derogating from the provisions of Section 1 thereof, the Company is not, and shall not be, liable for any Third Party Content or User Content provided, posted, uploaded, shared or otherwise made available by Third Parties or Users. Each User using the Application and/or Services hereby represents to take full responsibility in respect thereof, and the Company shall bear no liability with respect to the foregoing.
3. Account Registration
The Application will be downloadable to User through Direct Link, Google Play, App Store or any other means made available by the Company from time to time. Users wishing to use the Application and Services must complete a registration process and create a user account (the "User Account"). The User Account allows the use the Application and Services, subject to these Terms. To create a User Account, User must provide truthful and accurate information and keep such information up-to-date, and select a password. User shall not create a User Account using false identity or information, or on behalf of someone other than themselves. The Company will not be responsible for any communications, updates, recommendations or any other information not received because any of the above information is not up-to-date. User is responsible for keeping his password and any other information secure, and shall immediately notify the Company of any unauthorized use of his User Account or password.
4. Access Through Third Party Accounts
The Application is accessible and usable through certain User's third party accounts, such as Facebook and Email address (each such account, a " Third Party Account"). In order to access and use the Application, you must link the Application to your Third Party Account, by either: (i) providing your Third Party Account login information to the Company through the Application; or (ii) allowing the Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each such Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to the Company and/or grant the Company access to your Third Party Account (including for use for the purposes described in these Terms), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such Third Party Account operator, developer or any other third party service provider. By registering through a Third Party Account you represent and warrant that such account is yours and you have all right to provide us with the information in such account. By granting us access to your Third Party Account, you acknowledge that the Company may, as applicable, access, make available and store any public information available in your Third Party Account, including but not limited to friends and contacts lists, profile picture, date of birth, information shared, uploaded, posted or otherwise made available by the Users in any means on such Third Party Accounts or any other public information.
You agree that you will supply accurate and complete information to us when accessing or using the Application through your Third Party Account, and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up-to-date. The Company reserves the right to refuse to allow anyone wishing to access or use the Application or Services to do so through his Third Party Account for any reason at its sole discretion. You may not provide false information during your access and use of the Application. You shall not share your Third Party Account for the purposes hereof with any third party, nor let any third party access to your Third Party Account for purposes of accessing or using the Application or Services, and are responsible for maintaining the confidentiality of the login information as described above. You are fully and solely responsible for the security of your mobile device and all activity on and through your Third Party Account, even if such activities were not committed by you.The Company will not be liable for any losses or damages incurred by unauthorized use of your User Account and your Third Party Account for the purposes hereof, either to you or to any other User or third party, and you agree to indemnify and hold the Company harmless for any improper or illegal use of your User Account and Third Party Account. Without derogating from the foregoing, we may terminate your use of the Application and/or Services if you let any third party use your Third Party Account for accessing or using the Application or Services inappropriately or if you or anyone accessing or using the Application or Services through the Third Party Account violates these Terms.
5. Promotional Materials and Newsletters
In addition to the provisions of Sections 3 and 4 above, the User expressly consents to the Company to use any of his registration details for the purpose of providing the User with promotional materials and newsletters (the " Promotional Materials and Newsletters") by any means available, including via email, text and SMS messages, fax, post, automated dialing services or any other means, all in accordance with the Company's sole discretion as shall be from time to time, and to receive such Promotional Materials and Newsletters.
The User further acknowledges that the Promotional Materials and Newsletters may include the advertisement of third parties, and he expressly consents to the receipt of such advertisements as part of the Promotional Materials and Newsletters.
The User may contact the Company at any time by sending a request via e-mail to email@example.com, notifying the Company of his refusal to further receive the Promotional Materials and Newsletters.
6. Intellectual Property
The Company is the owner of all worldwide rights, titles and interests in: (a) the Application and Services, and all content therein and related documentation and all enhancements, derivatives, bug fixes or improvements to the Application and Services; and (b) trade names, trademarks, and logos of the Company, andshall at all times remain solely with the Company. All references in these Terms or any other communications to the sale, resale or purchase of the foregoing shall mean only the right to use the Application and Services pursuant to these Terms. Users bear sole liability for any and all User Content, including any intellectual property rights thereof, provided, shared or otherwise made available by the Users using the Application and/or the Services, and the Company makes no representation with respect to any such content or with respect to any Third Party Content. The Company will not be liable for any losses or damages incurred by such User Content or Third Party Content, and Users agree to indemnify and hold the Company harmless for any damage or loss arising from the above.
8. Links, Offers and Coupons
The Application includes Third Party Content, including offers, products, coupons and services provided by Third Parties. Payment for the use of such Third Party Content, where applicable, will be carried out by Users' own credit card processed by external service provider(s) which the Company may use from time to time to the Company's choice (the "Means of Payment"). The Company makes no representations regarding the Means of Payment and shall bear no liability with respect to any use thereof.
It is your responsibility to determine what, if any, taxes apply to your use of the Application and/or Services, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. The Company is not responsible for determining whether taxes apply to your use of the Application and/or Services, or for collecting, reporting or remitting any taxes arising from any such use. You are hereby advised to consult in such matters with certified public accountants or lawyers.
11. Prohibited Uses
The Application and Services may not be used in connection with any commercial endeavors without the express written consent of the Company. The Application and Services may not be used by any person or organization to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with the Company without express written permission from the Company. You agree not to use any User Content or Third Party Content in order to contact, advertise, solicit, or sell to any other User, Third Party or other third parties without their express consent, unless otherwise permitted under these Terms.
Users may contact the Company with regard to support for the Application and Services by sending an email to firstname.lastname@example.org.
The Company makes reasonable efforts to ensure that its technology keeps the Application and Services safe and secure. However, no technology is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Except as expressly set forth herein, your use of the Application and Services is at your sole discretion and risk.
the application and Services provided are provided on an "as is" and "as available" basis without warranties of any kind. The Company expressly disclaims all implied or statutory warranties of any kind relating to the Applicationand Services, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance. neither the company nor anyone associated with the company represents or warrants that the description and terms of any and all third party offers, products, coupons and services will be accurate, reliable, or meet user expectations.
The Company does not give any advice regarding the risk or suitability of any activity, including without limitation any such related to Third Party Content, and you acknowledge that you are solely responsible for the assessment of your use of such content. You shall not hold the Company or any of its officers, employees or affiliates liable for any engagement or activity choices made by you. No advice or information, whether oral or written, obtained by you from the Company or its officers, employees or affiliates, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, User Content or Third Party Content, you do so solely at your own risk.
14. Limitation Of Liability
The Company does not guarantee the pricing, quality, compatibility, truthfulness, safety or any other feature of the Third Party Content or any activity related thereto or of any other content, as well as the features of the Users, Third Parties and services provided, consumed or otherwise used thereby (hereinafter in this Section: the "Features"). Any User Content, Third Party Content or Features is in the sole responsibility of the User using such content or Features or posting, uploading, sharing or otherwise making available such content or Features in the Application or by using the Services. While each User must comply with these Terms and non-complying may result termination of the User Account, use of the Application or Services, the Company does not undertake to monitor such compliance and may act where non-compliance is detected as shall be decided in accordance with its sole discretion, as described in these Terms. You understand and agree that you may be exposed to User Content, Third Party Content or any other content that is inaccurate, unsafe, objectionable, or otherwise unsuited for you. The Company is not responsible for any safety related issues arising from or connected to such content or Features in any way.
The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Application or Services or combination thereof, including any injury or damage to Users or to any person's computer, mobile phone or any other device related to or resulting from participation or downloading materials in connection with the Application or Services. Under no circumstances shall the Company be responsible for the conduct of any third parties or Users, whether online or offline, and operators of external sites.
In no event shall the Company or any of its officers, directors, employees, or agents be liable to you for any indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the Application or Services, whether or not the damages are foreseeable and whether or not the Company has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You will defend, indemnify and hold the Company harmless from and against any and all suits, proceedings, assertions, damages, costs, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which the Company may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to any breach of these Terms by you or any use by you of the Application or Services not in accordance with applicable law.
TheseTermsshall be governed by the laws of Israel, exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. Any dispute arising under these Terms or concerning the Application or Service shall be finally settled on an individual basis before a single arbitrator administered by, and in accordance with the arbitration rules of, the International Chamber of Commerce. The arbitration shall take place in Tel Aviv, Israel, and the language of the arbitration shall be English or Hebrew. You may not advance any class action claims against the Company, and by using the Application or Services you agree to waive your rights to advance any such class actions claims.
Any cause of action against the Company must be brought within one (1) year of the date such cause of action arose. In the event that any provision of theseTermsis held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Termsshall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and the Company or enables you to act on behalf of the Company. Except as may be expressly stated in theseTerms, theseTermsconstitute the entire agreement between the Company and you pertaining to the subject matter hereof.
Any notices that we may be required to provide to you, whether under law or according to these Terms, may be provided by the Company to any contact information you have provided in your Account information or other, either directly or indirectly, including through email. You expressly agree to the receipt of such communications and notices in such manner.
You may not assign any rights hereunder without our prior written consent. Nothing contained in these Terms shall be construed to limit the actions or remedies available to the Company with respect to any prohibited activity or conduct. Non-enforcement of any term of theseTermsdoes not constitute consent or waiver, and the Company reserves the right to enforce such term at its sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Last updated: October 2015