Terms of Service

 

Last updated: Oct 10, 2015

 

Welcome to Hoop! We offer an online video collection sharing platform and community ("Hoop") through the Hoop application

(the "App" ), our offices located at Shmuel Hanagid 27, Jerusalem, Israel, and other online products and services (collectively, the

"Services" ). The Services are owned and operated by Y.Y. Music Bang Ltd. (“Music Bang, ” “we” , “us, ” or “our” ). By registering as a

user or by using the Services, you agree to be bound by these terms of use (the "Terms"). Please read these Terms carefully, before

using our Services.

 

Note: You are also subject to the terms of the Apple app store.

 

Note: The App Store ® is a third party beneficiary

 

The availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple

app store or Android Google play (“Application Store” ). You acknowledge that these Terms are between you and Music Bang and

not with the Application Store. In order to use the App, you must have access to a network, and you agree to pay all fees associated

with such access. You also agree to pay all fees (if any) charged by the Application Store in connection with the Music Bang Services,

including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable

third-party terms of use and agreements (e.g., the Application Store’s terms and policies) when using the Services, including the App.

You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to

enforce them.

 

1. General Terms

Note: You are entering into a legal agreement.

 

By accessing or using our Services, you agree to these Terms and to our Privacy Policy which sets out the terms on which we process

any personal data we collect from you, or that you provide to us. If you do not agree to these Terms or the Privacy Policy, please do not

access or otherwise use our Services or any information contained herein.

 

Note: We may revise these Terms and those changes become part of your agreement with us.

 

We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective 7 days following the

posting of the modification to our App, and will apply to causes of action arising after the effective date of the change.

Please check the App from time to time for changes. Your continued use of our App or otherwise the Services following the posting of

changes to these Terms or providing notice to you, whichever occurs first, will mean that you accept those changes.

Note: You affirm that you are eligible to enter into this contract and you are at least 17 years old.

 

By accessing or using our Services, you affirm that:

 

- you can form a binding contract with us;

- you create the account for your own use; and

- you are over the age of 17, as the Services are not intended for teenager under 17.

 

If it comes to our attention through reliable means that a registered user is a teenager under 17 years of age, we will cancel that user's
account and/or access to the Services.

 

2. Using our Services

 

a. Application License.

 

Subject to these Terms and our policies (including policies made available to you within the Services, we grant you a limited

non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of our App on a mobile

device that you own or control and to run such copy of the App solely for your own personal. If you access the App through or

downloaded the App from the Apple App Store ("A pp Store Application" ), you may only use the App Store Application (i) on an

Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in

the Apple App Store Terms of Service.

 

b. Access and Download of the App from iTunes.

 

Note: Apple is not a party to these Terms and you waive any claim against Apple in connection with the Application.

 

Note: the following is applicable only to the apple application

 

The following applies to any App Store Application:

 

1. You acknowledge and agree that (i) these Terms are concluded between you and us only, and not Apple, and (ii) we and not Apple,

are solely responsible for the App Store Application and Content thereof.

 

2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App

Store Application.

 

3. In the event of any failure of the App Store Application to conform to any applicable warranty, you may notify Apple, and Apple will

refund the purchase price for the App Store Application to you and to the maximum extent permitted by applicable law, Apple will have

no other warranty obligation whatsoever with respect to the App Store Application. As between us and Apple, any other claims, losses,

liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

 

4. We and you acknowledge that, as between us and Apple, Apple is not responsible for addressing any claims you have or any claims

of any third party relating to the App Store Application or your possession and use of the App Store Application, including, but not limited

to: (i) product liability claims; (ii) any claim that the App Store Application fails to conform to any applicable legal or regulatory

requirement; and (iii) claims arising under consumer protection or similar legislation.

 

5. In the event of any third-party claim that the App Store Application or your possession and use of that the App Store Application

infringes that third party’s intellectual property rights, as between us and Apple, we, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.

 

c. Media uploads

 

Note: you grant us permission to access your mobile device's media storage applications.

 

Certain features of the Services provided through the App require access to and use of your mobile device's media storage applications

(e.g., to use a video in your image gallery). Although you may decide whether or not to use these features, on Android devices you

grant us permission to access this feature as part of the installation process. If you later decide to revoke this permission, you can do

so by following the standard uninstall process and removing the App from your device. Alternatively, on iOS devices, you can grant or

revoke your consent at any time and prevent us from continuing to access your media storage applications by changing the settings on

your device. You hereby authorize the App to access such components of your mobile device. YOU HEREBY ACKNOWLEDGE AND

AGREE THAT BY USING THE SERVICES MEDIA MAY BE SENT FROM YOUR MOBILE DEVICE TO Hoop! AND YOU ACCEPT

SUCH TRANSMISSION AS A CONDITION OF USAGE. All media you upload will be subject to the terms applicable to Content, as

described below.

 

d. Open-Source Software

 

Certain software code incorporated into or distributed with the App or otherwise with the Services may be licensed by third parties

under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General

Public License, the Apache License, the Berkeley Software Distribution License, and the Sun Public License) (collectively, the “O pen

Source Software” ). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these

Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses.

You agree to comply with the terms and conditions of such open-source software license agreements.

 

e. License to you

 

Note: you may use the Services only if you observe these Terms and the policies made available to you within the Services.

 

Subject to these Terms and our policies (including policies made available to you within the Services), we grant you a limited,

non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that:

 

(i) You will not copy, distribute or modify any part of the Services without our prior written authorization;

(ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.;

(iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs;

(iv) You will not disrupt servers or networks connected to the Services; and

(v) You comply with these Terms.

 

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

 

f. Content and Marks

 

The content on the Services, including without limitation, videos, sounds, text, descriptions, products, software, graphics, all page

headers, button icons, scripts, photos, interactive features, services, User Content (as defined below) and any other content on the

Services (" Content ") and the trademarks, service marks and logos contained therein (" Marks "), are owned by or licensed to us.

Content in the Services is provided to you “A S IS” for your information and personal use only and may not be used, copied,

distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever

without our prior written consent. We reserve all rights not expressly granted in and to the Services. If you download or print a copy of

the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent,

disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any

Content or that enforce limitations on use of the Services. “Hoop!”, the Hoop! logo, and other marks are trademarks by Music Bang or

our affiliate's Marks. All other trademarks, service marks, and logos used on our Services are the trademarks, service marks, or logos

of their respective owners.

 

This section shall survive any termination of these Terms.

 

g. Your account

 

As a condition to using our Services, you are required to register to Hoop! using Facebook connect/ the App. You may never use

another's account without the account owner’s prior permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your account, and you must keep your account password secure.

You must notify us immediately of any breach of security or unauthorized use of your account, by an email to arie@musicbang.co.

You will be liable for any use made of your account or password and for our or others' losses due to such unauthorized use.

We will not be liable for your losses caused by any unauthorized use of your account.

 

If we terminate your access to the Services or you delete your account, your videos, [likes, friendships,] and all other data will no longer

be accessible through your account (e.g., users will not be able to navigate to your channel and view your videos), but those materials

and data may persist and appear within the Services (e.g., if your Content has been re-shared by others).

 

h. Unauthorized use

 

Don’t misuse our Services.

You will and you agree to:

 

(i) review and comply with these Terms and the Privacy Policy ;

(ii) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws,

and regulatory requirements;

(iii) provide accurate information to us and update it as necessary; and

(iv) act honestly and in good faith.

 

By using the Services you agree NOT to:

 

(i) Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior,

including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts.

(ii) use or attempt to use another's account or create a false identity;

(iii) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer content,

User Content, or information found in the Services (excluding your User Content) except as permitted in these Terms, or as expressly

authorized by us;

(iv) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual

property used to provide the Services, or any part thereof;

(v) utilize or copy information, Content, User Content, or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services;

(vi) adapt, modify or create derivative works based on the Services or technology underlying the Services, or other Content or User

Content (excluding your User Content), in whole or part;

(vii) rent, lease, loan, trade, sell/re-sell any information, Content, or User Content in the Services (excluding your User Content) in

whole or part;

(viii) use the communication systems provided by the Services for any commercial solicitation purposes;

(ix) sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent;

(x) remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors');

(xi) remove, cover or otherwise obscure any form of advertisement included on the Services;

(xii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from

the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same);

(xiii) share other users' or third party's information or their User Content without their express consent;

(xiv) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us;

(xv) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access,

“scrape,” “crawl”, "cache", “spider” or any web page or other service contained in our Services, or to access the Services in a manner

that sends more request messages to our 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;

(xvi) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform

other similar activities through the Services;

(xvii) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or

functionality for any competitive purpose;

(xviii)engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the website;

(xix) attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate

access to multiple services;

(xx) attempt to or actually override any security component included in or underlying the Services;

(xxi) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the

Services' infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to

gain unauthorized access to the Services, or transmitting or activating computer viruses through or on the Services; and/or

(xxii) Interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the

underlying software.

 

i. Notices

 

In connection with your use of the Services, we may send you service announcements, administrative messages, and other

information. You may opt out of some of those communications.

 

j. Terminating your access to the Services

 

Note: We have the right to refuse service to anyone.

 

We, in our sole discretion, have the right to terminate or suspend your access to the Services immediately and with or without cause.

 

3. User Content

 

a. Uploading your content

 

Note: What belongs to you stays yours, but we and others can use it.

 

As a user-generated video platform, we allow you and other users of the Services to post content (including without limitation

information, videos up to 15 seconds length, sounds, images, photos, clips, musical works, works of authorship, user names, data,

notes, text, documents, files, messages, signs, symbols, icons, drawings, animation, graphics, charts, designs, scripts, code, audio,

comments, software, applications, links, and other materials. Anything that you or other users upload or post or otherwise make

available on our Services is referred to as " User Content ."

You retain ownership, copyright and/or all other applicable rights in, and are solely responsible for, the User Content you post to the

Services. If you believe that your copyright has been infringed, please send us a notice as set forth in Section 6 below.

You own the information you provide to the Services under these Terms, and may request its deletion at any time, unless you have

shared information or content with others and they have not deleted it, or it was copied or stored by other users.

 

b. License for your User Content

 

Note: You grant us an unlimited right to the information you provide us.

 

When you upload or otherwise submit User Content to our Services, you hereby give us (and our successors, and those we work

with) a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to

host, store, reproduce, copy, remove, retain, add, process, analyse, modify, create derivative works, improve, communicate,

publish, distribute, publicly perform, publicly display and distribute, use and commercialize such User Content, subject to our Privacy

Policy in any way now known or in the future discovered, without any further consent, notice and/or compensation to you or to any third

parties. You further waive any moral rights in your User Content, to the extent permitted by law.

When you provide us with any suggestions, information, ideas, or feedback concerning the Services or Content on or in the Services,

including, without limitation, through e-mails, comments or postings (collectively, "Feedback" ), the Feedback will be the sole and

exclusive property of Music Bang. You agree to assign and hereby assign to Music Bang all rights, title and interest worldwide in and to

the Feedback, and all related intellectual property rights, and you agree to assist Music Bang in perfecting and enforcing such rights.

 

You also hereby grant each user of the Services or other viewer of the User Content a non-exclusive right to use, reproduce, distribute,

prepare derivative works of, display and perform such User Content.

This license will survive any termination of these Terms and continue even if you stop using our Services.

Nothing in these Terms shall restrict other legal rights we may have to Content or User Content (for example under other licenses).

 

c. Removing User Content

 

Note: We have the right – but not the obligation - to remove User Content.

 

We have the right – but not the obligation - in our sole discretion and without further notice to you, to monitor, censor, edit, modify,

delete, and/or remove any and all Content posted on our Services (including User Content) at any time and for any reason.

 

Without limiting the foregoing, we have the right – but not the obligation - to delete any User Content that we believe, in our sole

discretion, does or may violate these Terms, our policies or any law.

 

When we remove Content from the Services, it may however continue to be stored by Music Bang, including, without limitation, in

order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, we encourage

you to maintain your own backup of your Content.

 

The rights mentioned above do not necessarily mean that we review content, so please don’t assume that we do.

 

d. Warranty for your User Content

 

Note: You (and only you) are responsible for all the information that you upload or submit.

 

Any information you upload or otherwise submit to the Services is at your own risk of loss.

 

You shall be solely responsible for your User Content and the consequences of posting or publishing them.

 

By uploading or otherwise submitting User Content to the Services, you represent and warrant that:

(i) you are entitled to upload or submit the User Content;

(ii) you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights in and to

any of your User Content, and to enable inclusion and use thereof as contemplated by the Services and these Terms;

(iii) such User Content is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.

 

"Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade

secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all

moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory,

or judicial authority, foreign or domestic.

 

It is your responsibility to keep your User Content accurate and updated.

 

e. Conditions to uploading User Content

 

Note: You can't upload or submit User Content, unless it complies with these Terms and strictly observes the list.

 

AS A CONDITION TO USING THE SERVICES, AND AS A CONDITION TO UPLOADING OR OTHERWISE SUBMITTING USER

CONTENT TO THE SERVICES, YOU AGREE TO THESE TERMS AND TO STRICTLY OBSERVE THE FOLLOWING:

 

You will not display, post, submit, publish, upload, transmit, send, or otherwise make available or initiate any User Content that:

 

(i) falsely states, impersonates other person or otherwise misrepresents your identity, including but not limited to the use of a

pseudonym;

(ii) adds to a content field content that is not intended for such field;

(iii) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

(iv) is copyrighted, protected by trade secret, patent, trademark, or otherwise subject to third party proprietary rights, including

privacy and publicity rights, unless you are the owner of such rights;

(v) includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary

relationships;

(vi) creates a risk to a person’s safety or health, especially children, creates a risk to public safety or health, compromises national

security, promotes extreme or real-life violence, self-harm, cruelty toward animals or interferes with an investigation by law

enforcement;

(vii) promotes illegal drugs, escort services or prostitution, or violates export control laws, relates to illegal gambling, or illegal arms

trafficking;

(viii) includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid

schemes,” or any other form of solicitation;

(ix) is unlawful, defamatory, libelous, abusive, obscene, discriminatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable or inappropriate;

(x) contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of

any computer software or hardware or telecommunications equipment of ours or of any user of the Services or of any third party;

(xi) involves theft, money laundering or terrorism;

(xii) forges or manipulates identifiers in order to disguise the origin of any User Content or other communication transmitted through the Services; or

(xiii) is otherwise malicious or fraudulent.

 

4. [Third parties' links, websites, and services

 

Note: if you access third party site or service from our Services, it is at your own risk, and we have no liability.

 

The Services may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not

owned or controlled by us. We are not affiliated with those websites, have no control over those websites, and assume no

responsibility for the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or

edit the content of any third-party site.

 

If you access any third party's website, service, or content from our Services, you do so at your own risk. By using the Services, you

expressly release us (and our owners, employees, agents, affiliates, and/or licensors) from any and all liability arising from your use of

any third-party website, information, materials, products, or services. Accordingly, we encourage you to be aware when you have left

the Services and to read the terms and conditions and privacy policy of each other website that you visit.

 

5. Disclosure

 

We reserve the right to access, read, preserve, and disclose any User Content (whether published or not) or any other information as

we reasonably believe is necessary to:

 

(i) satisfy any applicable law, regulation, legal process, subpoena or governmental request;

(ii) enforce these Terms, including investigation of potential violations of it;

(iii) detect, prevent, or otherwise address fraud, security or technical issues;

(iv) cooperate with law enforcement authorities or prevent child exploitation;

(v) respond to user support requests; or

(vi) protect our, our users' or the public's rights, property or safety.

 

6. Copyright and Content Policy

 

Note: We respect the legitimate rights of copyright and other intellectual property owners. If your rights are infringed – we want to help.

 

It is our policy to respect the legitimate rights of copyright and other intellectual property owners.

 

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), we have designated an agent (specified below)

to receive notifications of claimed copyright infringement on our Services. Please be advised that we enforce a policy that provides for

the termination in appropriate circumstances of subscribers who are repeat infringers. The DMCA addresses the rights and obligations

of owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet, as well as

the rights and obligations of Internet Service Providers (as defined in the DMCA) on whose servers infringing material may reside.

However, Music Bang will also process claims of copyright infringement substantially in accordance with the DMCA procedures for

owners of copyrighted materials who believe their rights have been infringed in their jurisdiction or in the jurisdiction of the infringing

website owner, even if US Copyright Law are not applicable (but the process of conducting a takedown request will be similar).

 

If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights

have been otherwise violated, please provide our Copyright Agent with the following information in accordance with the DMCA:

 

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other

intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of

where the material that you claim is infringing is located on the our Services, with enough detail that we may find it on our

Services; providing URLs in the body of an email is the best way to help us locate content quickly;

3. your address, telephone number, and email address;

4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual

property owner, its agent, or the law; and

5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are

the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

Our designated agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

 

Copyright Agent

 

Y.Y. Music Bang Ltd.

Yarden Meditchy

Tel Aviv, Israel

yarden@musicbang.co

972524419404

 

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is

infringing may be subject to liability.

 

CounterNotification

If you believe that the material you posted was removed by mistake, and that you have the right to post the material, you may elect

to send us a counter notice. To be effective the counter-notification must be a written communication provided to our designated

agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these

requirements):

 

1. A physical or electronic signature of the subscriber.

2. Identification of the material that has been removed or to which access has been disabled and the location at which the

material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best

way to help us locate content quickly.

3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled

as a result of mistake or misidentification of the material to be removed or disabled.

4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of

Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the

United States, for any judicial district in which the service provider may be found, and that the subscriber will accept

service of process from the person who provided notification of infringement or an agent of such person.

 

Such written notice should be sent to our designated agent as follows:

 

Copyright Agent

Y.Y. Music Bang Ltd.

Yarden Meditchy

Tel Aviv, Israel

yarden@musicbang.co

972524419404

 

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity

was removed or disabled by mistake or misidentification may be subject to liability.

 

7. Disclaimers

 

Note: We are not liable for the quality, safety, or reliability of the Services.

 

Further, as a user-generated video platform, we provide NO liability for User Content.

 

THE FOLLOWING PROVISIONS REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLY WHETHER OR NOT THE

SERVICES PROVIDED ARE FOR PAYMENT.

 

The Services and all included content are provided on an "AS IS" basis without warranty of any kind, whether express or implied.

You understand that when using the Services, you will be exposed to Content, including User Content, from a variety of sources,

and we take no responsibility and assume no liability for any User Content that you or any other user or third party posts or transmits

using our Services, or the defamatory, offensive, or illegal conduct of any third party, and you agree that the risk of harm or damage

from the foregoing rests entirely with you.

 

You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

 

We do not warrant, endorse or guarantee any User Content, product, or service that appears in its users' submission or that is featured

or advertised in the Services.

 

You understand and agree that you may be exposed to Content, including User Content, that is inaccurate, offensive, indecent,

objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree to waive, and hereby do waive, any

legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners,

affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of

the Services.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, O UR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS,

DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

 

WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SERVICES WILL FUNCTION AS CLAIMED, WE, OUR

AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS

DO NOT GUARANTEE THAT THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE,

OR THAT IT WILL ALWAYS BE AVAILABLE. IN ADDITION, YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS,

TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

 

EXCEPT AS EXPRESSLY STATED IN OUR P RIVACY POLICY, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE

OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO 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 SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER USERS. IF YOU HAVE A DISPUTE WITH ANY

OTHER USER OF THE WEBSITE, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF

OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH

DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE WEBSITE.

 

8. Limitation of Liability

 

Note: We are not liable for various losses or damages.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS,

DIRECTORS,EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OF MONEY,

GOODWILL, REPUTATION, DATA, INTANGIBLE LOSSES, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR

CONSEQUENTIAL DAMAGES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICES; (II) ANY

CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (III) UNAUTHORIZED ACCESS, USE OR

ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH

LOSSES OR DAMAGES.

IN ALL CASES AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS

WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU

AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES

EXCEED THE GREATER OF (A) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING BRINGING OF A CLAIM AGAINST US OR OUR AFFILIATES.

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.

 

9. Assignment

 

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us

without restriction or notification to you.

 

10. Indemnity

 

Note: If we are sued because of something you did, you have to pay our losses and costs.

You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors,

employees, agents, and/or licensors, 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 Services; (ii) your violation of these Terms;

(iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any

claim that one of your User Content caused damage to a third party.

This defence, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.

 

11. Governing Law and Jurisdiction

 

Note: Any legal action may be taken only in Israel.

 

These Terms shall be governed and construed by the laws of the State of Israel, without respect to its conflict of laws principles. You

agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa, Israel, and waive any jurisdictional,

venue, or inconvenient forum objections to such courts.

 

SOME JURISDICTIONS MAY NOT ALLOW OR LIMIT SOME OF THE PROVISIONS OF THESE TERMS, SO THAT SUCH

PROVISIONS MAY NOT APPLY TO YOU.

 

12. Survival

 

Sections 6 to 13 shall survive any termination of these Terms and your use of the Services, including, without limitation, ownership

provisions, warranty disclaimers, limitations of liability, indemnities and legal provisions.

 

13. General

 

We reserve the right to discontinue or modify any aspect of the Services at any time. These Terms, together with the Privacy Policy,

and any other legal notices published by us on the Services, shall constitute the entire agreement between us concerning the

Services. 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 WE AGREE THAT ANY CAUSE

OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE

OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.