IMPORTANT: BY USING THE SERVICES (AS DEFINED BELOW) YOU ACCEPT
THE FOLLOWING TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, PLEASE DO NOT USE THE
SERVICES.
- 1. ACCEPTANCE OF TERMS The following
instrument consists of the
terms and conditions governing your ("you" or "user") access to and use of the website of ("Company" or "We") and the
content,
features and services therein (collectively, the "Services"). These Terms of Use together with the
Privacy
Policy available on the Services (collectively, the "Terms") constitute a binding agreement between
you
and
Company, and by continuing to use and/or utilize the Services (in whole or in part) in any way or
manner
you
agree to abide by, and that you are bound, by these Terms. If you do not understand and/or agree to
these Terms,
you should immediately exit the Services and avoid making any use of the Services. We may
unilaterally
change or
add to the terms of these Terms at any time. In the event of a material change, We shall notify you
via
email or
by means of a prominent notice on our website. You should check our Services periodically and review
changes to
the Terms on our Services. By continuing to use the Services following such modifications, you agree
to
be bound
by such modifications. If you are not comfortable with all of the provisions of these Terms, please
do
not use
the Services.
- ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION
CLAUSE
IN SECTION 13 BELOW.
EXCEPT FOR CERTAIN TYPES OF DISPUTES, AS EXPLAINED SECTION 13, YOU AND COMPANY AGREE THAT DISPUTES
BETWEEN US
WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO
PARTICIPATE
IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. LICENSE
3. SUBMITTED MATERIALS
-
4. Your Account
You are solely responsible for any
actions performed in the
Services under your
credentials. Keeping your credentials safe is your sole responsibility. If you have any reasons
to
suspect that
your credentials were discovered by any third party or that there was an unauthorized access to
your
account you
will immediately notify Company and modify your login information.
We appreciate hearing from our users and welcome your
comments regarding the
Services. Notwithstanding anything to the contrary herein, please be advised, however, that if
you send
us
ideas, suggestions, inventions, or materials regarding the Services (" Feedback
"), we
shall
- own all right, title and interest in and to the
Feedback
without any restriction;
- not be subject to any obligation of
confidentiality; and
- be entitled to unrestricted use of the Feedback
for any
purpose whatsoever, without
compensation or credit to you or any other person.
-
5. OWNERSHIP OF PROPRIETARY RIGHTS
All the Intellectual Property Rights (as defined
below)
evidenced by or embodied in
and/or contained and/or subsisting therein and/or attached/connected/related to the Services or
Feedback,
including, without limitation, any underlying software, platforms, algorithms, technology,
application
and
website design, any information, services, texts, Submitted Materials, files, sound, music,
videos,
various
applications, social graphs, organization, structure, specifications, application "look and
feel",
features and
related content that may be created in connection with the use of or registration to the
Services,
including the
selection and arrangement of any of the foregoing, any modifications, enhancements, improvements
and
derivatives
thereof and all Intellectual Property Rights related thereto (collectively, the "Company IPR")
are the
property
of Company and/or its respective affiliates which retain all right, title and interest in
connection
therewith.
No transfer or grant of any rights is made or is to be implied by any provision of these Terms
or by any
other
provision contained in the Services with respect to the Company IPR or otherwise.
"Intellectual
Property
Rights" means worldwide, whether registered or not
- rights associated with works of authorship,
designs and
photography, including
copyrights;
- trademarks, service marks, domain names, logos,
trade names,
trade dress and
goodwill rights whether or not registered;
- patents, patent applications and industrial
designs;
- rights analogous to those set forth herein and any
other
proprietary rights relating
to intangible property;
- divisions, continuations, renewals, reissues and extensions of the
foregoing
(as
applicable) now existing or hereafter filed, issued, or acquired.
-
6. USER WARRANTIES AND REPRESENTATIONS
You represent and warrant to Company that:
- you have, and will have at all times, all permits,
consents and rights as
required
to fulfill your obligations and grant to Company any and all rights, licenses and consents
hereunder,
including
without limitation in respect of the Submitted Material;
- you and your use of the Services will comply with
all applicable laws,
rules,
regulations, statutes, and ordinances.
-
7. PRIVACY
Company privacy practices are governed by Company's
privacy policy, the most
updated
copy of which can be found on the Services ("Privacy Policy").
-
8. DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE
COMPANY IPR SHALL BE AT
YOUR OWN
RISK. THE SERVICES, INCLUDING, WITHOUT LIMITATION COMPANY IPR, ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF
ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW,
COMPANY
DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT WARRANT THAT THE COMPANY IPR AND/OR
SERVICES WILL BE
UNINTERRUPTED
OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THESE SERVICES AVAILABLE ARE
FREE OF
VIRUSES
OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE
RESULTS
OF THE USE OF THE COMPANY IPR OR SERVICES, INCLUDING, WITHOUT LIMITATION, THEIR CORRECTNESS,
ACCURACY,
RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE ARE
NECESSARY OR
ADVISABLE
TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR
USE OF OR
RELIANCE UPON THE SERVICES AND/OR ANY OF THE COMPANY IPR.
WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE,
WITH RESPECT TO EACH AND
EVERY
CATEGORY OF PRODUCTS, YOU AGREE AND ACKNOWLEDGE THAT COMPANY NEITHER PRESUMES NOR COMMITS TO
ANALYSE ALL
THE
PRICES AND OFFERINGS FOR EACH OF THE PRODUCTS IN THE SPECIFIC PRODUCT CATEGORIES. FURTHERMORE,
YOU AGREE
THAT
COMPANY'S PRODUCT RANKINGS AND SELECTIONS ARE SUBJECTIVE AND ARE NOT ENDORSEMENTS OR
RECOMMENDATIONS.
SUCH
RANKINGS AND SELECTIONS ARE GENERATED BY COMPANY'S ALGORITHM WHICH TAKES INTO ACCOUNT MULTIPLE
PARAMETERS THAT
HAVE BEEN SELECTED BY COMPANY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN IMPLIED WARRANTIES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
-
9. LIMITATION OF LIABILITY
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO
CIRCUMSTANCES WHATSOEVER WILL
COMPANY
AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS,
SUBCONTRACTORS
AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE
POSSIBILITY
OF SUCH
DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT,
COMPENSATORY,
INDIRECT,
INCIDENTAL, CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS AND/OR LOST BUSINESS
OPPORTUNITIES,
BUSINESS INTERUPTION, LOSS OF REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES,
SPECIAL,
EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE
OF THE
SERVICES,
OR RELIANCE ON ANY OF THE SERVICES AND/OR COMPANY IPR, OR TO ANY ERRORS, INACCURACIES,
OMISSIONS,
DEFECTS,
SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY COMPANY. WITHOUT DEROGATING FROM THE
FOREGOING
LIMITATION
OF LIABILITY, IN THE EVENT THAT DESPITE THE FOREGOING COMPANY WILL BE FOUND LIABLE BY ANY
COMPETENT
AUTHORITY,
COMPANY'S AGGREGATE LIABILITY SHALL NOT EXCEED A TOTAL AMOUNT OF ONE HUNDRED USD (100$).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS
AND LIABILITY AND
REMEDY
LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE
BEEN TAKEN
INTO
ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
-
10. INDEMNIFICATION
You agree to defend, indemnify and hold Company and
anyone on its behalf,
including
but not limited to, all of its owners, managers, officers, affiliates, employees, agents,
licensors and
suppliers harmless from and against any losses, expenses, liabilities, costs, claims, damages
(including
attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result
of, or
in any
manner related to:
- any use of your account and/or your use of the
Services;
- your violation of any third party right,
including, without limitation, any
copyright, property, or privacy right, and including any third party claim in respect of the
Submitted
Materials; and
- any breach of these Terms.
-
11. THIRD PARTY CONTENT, PRODUCTS AND SERVICES
The Services contain content, links and references to
third party services,
products
and resources. Company does not control the availability and content of those third party
services,
products and
resources. Any concerns regarding any such services, products or resources, or any content or
link
thereto,
should be directed to the applicable third party service, product, or resource provider.
Links are provided only as an informational resource,
simply as a service and
only for
your convenience. Company is not responsible or liable for such links and/or content. Should you
leave
the
Services via a link contained herein and/or view content that is not provided by Company, you do
so at
your own
risk and Company shall not be responsible or liable for damages or losses caused in connection
therewith. In as
much as you are redirected to linked sites, applications and content, We recommend you to
carefully read
and
abide by the terms of use and privacy policies of such applications, sites and content.
Some of the content and materials available through the
Services may be
provided by
third parties. No reference made in the Services to any third party content (including Submitted
Materials and
advertisements), product, process, service, payment portal, or provider of such product, process
or
service ("
Third Party Content ") constitute or imply an endorsement, recommendation or
favoring
by
Company. The Third Party Content may include payment portals accessible through the Services,
such
payment
portals, regardless of their framing, branding or design, are provided bythird parties in
respect of
third party
products and are made available through the Services solely for your convenience.
Any opinions, advice, statements, content, services,
products, offers or other
information expressed or made available by such third parties, are those of the respective
author(s) or
distributor(s) and do not necessarily state or reflect those of Company and Company does not
endorse,
promote,
solicit, recommend or sell them or any Third Party Content in any way nor shall Company be
responsible
or liable
for any of the foregoing. Any product or service ordered in respect of Third Party Content is
not
ordered from
Company, but from the applicable third party service or product provider. Company is not a party
to any
transaction in respect of sale or delivery of Third Party Content. Company is a mere conduit in
respect
of Third
Party Content and provides a platform that may be used for information purposes only and for
ease of
access to
third parties who market and sell such products. Company does not screen Third Party Content and
makes
no
warranties or representations as to, and shall have no liability for any of the foregoing. When
you
click on
links to various merchants or providers on the Services and make a purchase, this can result in
us
earning a
commission. Affiliate programs and affiliations include, but are not limited to, the eBay
Partner
Network
-
11. NOTICE AND TAKEDOWN In the event that you believe that
any
content included in the Services violates your Intellectual Property Rights, right to privacy or is
defamatory
or otherwise illegal, please file a detailed notice of complaint to Company contacting Company with
the
contact
details available on the Services, identifying such content and detailing the factual basis of your
complaint
and we will make reasonable efforts to remove the content.
-
12. TERMINATION
We may terminate these Terms and/or suspend your right
to access or use any
portion
or all of the Services and/or Company IPR immediately (including, without limitation, the
license set
forth in
Section 2.1 above), at our sole discretion and without notice. Upon termination you shall
immediately
cease
using the Services and the following Sections shall survive: 1, 2.2, 3-14.
Without derogating from any other right and remedy
provided to Company under
law
and/or these Terms, Company reserves the right to limit or revoke your license and access to
and/or use
of the
Services and/or the Company IPR in its sole discretion, at any time, and for any reason,
including, but
not
limited to, technical difficulties or violation of these Terms. If your license to use the
Services
expires or
is terminated, Company may, without notice, delete or deny you access to any of the Company IPR,
Submitted
Materials or meta data that may remain in its possession or control.
-
13. Arbitration, Class Waiver, and Jury Waiver
- 13.1 Applicability of Arbitration
Agreement. All claims and
disputes
arising out of or relating to these Terms or the use of the Services that cannot be resolved
in small
claims
court will be resolved by binding arbitration on an individual basis ("
Disputes "),
except
that you and Company are not required to arbitrate any dispute for enforcement or
infringement of either
party's
Intellectual Property Rights (" Excluded Disputes "). Any and all Disputes
relating to,
arising
out of, or in any way in connection with your rights of privacy and publicity are not
Excluded Disputes.
- 13.2 Arbitration Rules. The
Federal Arbitration Act governs
the
interpretation and enforcement of this dispute-resolution provision. Arbitration will be
initiated
through the
American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the
parties will
select an
alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this
arbitration,
except
to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules
governing the
arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The
arbitration
will be
conducted by a single neutral arbitrator. Any Disputes where the total amount sought is less
than
$10,000 USD
may be resolved through binding non-appearance-based arbitration, at the option of the party
seeking
relief. For
Disputes where the total amount sought is $10,000 USD or more, the right to a hearing will
be determined
by the
arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered
in any court
of
competent jurisdiction.
- 13.3 Additional Rules for Non-appearance
Arbitration. If
non-appearance arbitration is elected, the arbitration will be conducted by telephone,
online, written
submissions, or any combination of the three; the specific manner will be chosen by the
party initiating
the
arbitration. The arbitration will not involve any personal appearance by the parties or
witnesses unless
the
parties mutually agree otherwise.
- 13.4 Authority of the Arbitrator.
The arbitrator will decide
the
jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Company.
The dispute
will not
be consolidated with any other matters or joined with any other cases or parties. The
arbitrator will
have the
authority to grant motions dispositive of all or part of any claim or dispute. The
arbitrator will have
the
authority to award monetary damages and to grant any non-monetary remedy or relief available
to an
individual
under applicable law, the arbitral forum's rules, and the Terms. The arbitrator will issue a
written
award and
statement of decision describing the essential findings and conclusions on which the award
is based,
including
the calculation of any damages awarded. The arbitrator has the same authority to award
relief on an
individual
basis that a judge in a court of law would have. The award of the arbitrator is final and
binding upon
you and
Company.
- 13.5 Waiver of Jury Trial. YOU
AND COMPANY WAIVE ANY
CONSTITUTIONAL
AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, OTHER
THAN IN
RESPECT OF
EXCLUDED DISPUTES. You and Company are instead electing to have claims and disputes resolved
by
arbitration. In
any litigation between you and Company over whether to vacate or enforce an arbitration
award, YOU AND
COMPANY
WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a
judge.
- 13.6 Waiver of Class or Consolidated
Actions. ALL CLAIMS AND
DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON
AN INDIVIDUAL
BASIS
AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR
LITIGATED
JOINTLY OR
CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or
consolidated
actions
is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead
all claims
and
disputes will be resolved in a court as set forth in Section 13(12) below.
- 13.7 Confidentiality. No part of
the procedures will be open
to the
public or the media. All evidence discovered or submitted at the hearing is confidential and
may not be
disclosed, except by written agreement of the parties, pursuant to court order, or unless
required by
law.
Notwithstanding the foregoing, no party will be prevented from submitting to a court of law
any
information
needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek
injunctive or
equitable relief.
- 13.8 Right to Waive. Any rights
and limitations set forth in
this
arbitration agreement may be waived by the party against whom the claim is asserted. Such
waiver will
not waive
or affect any other portion of this arbitration agreement.
- 13.9 Opt-out. You may opt out of
this arbitration agreement.
If you
do so, neither you nor Company can force the other to arbitrate. To opt out, you must notify
Company in
writing
no later than thirty (30) days after first becoming subject to this arbitration agreement.
Your notice
must
include your name and address, your Company username and the email address you used to set
up your
Company
account (if you have one), and an unequivocal statement that you want to opt-out of this
arbitration
agreement.
You must send your opt-out notice to Company's address published on the Services.
- 13.10 Small Claims Court.
Notwithstanding the foregoing,
either you
or Company may bring an individual action in small claims court.
- 13.11 Arbitration Agreement
Survival. This arbitration
agreement
will survive the termination of your relationship with Company.
- 13.12 Venue for Excluded
Disputes. Excluded Disputes shall
be
governed by and construed in accordance with the laws of Israel, without regard to the
principles of
conflict of
law therein. The parties consent to the exclusive jurisdiction of the courts of Tel
Aviv-Jaffa in
respect of
Excluded Disputes and hereby submit themselves to the jurisdiction of these courts.
- 13.13 U.N. Convention. The
application of the United Nations
Convention of Contracts for the International Sale of Goods or other international laws is
expressly
excluded,
whether the claim is in arbitration or at court.
-
14. GENERAL
- if any provision of
these Terms is held to be unenforceable, such provision
shall be
reformed only to the extent necessary to make it enforceable and if such provision is
determined to be
invalid
or unenforceable nonetheless, the provision shall be deemed to be severable from the
remainder of these
Terms
and shall not cause the invalidity or unenforceability of the remainder of these Terms;
- You acknowledge and
agree that Company has the right, at any time and for
any
reason, to redesign or modify the Company IPR and other elements of the Services or any
part thereof;
(iii) this
is the entire agreement between you and Company regarding the subject matter herein;
- Company may assign
these Terms, in whole or in part, in its sole discretion.
You are
not entitled to assign or otherwise transfer the Terms, or any of your rights or
obligations hereunder,
to any
third party without the prior written consent of Company. Any unauthorized assignment
will be void and
of no
force or effect;
- unless otherwise
expressly provided, no provisions of these Terms are
intended or
shall be construed to confer upon or give to any person or entity other than you and
Company any rights,
remedies or other benefits under or by reason of these Terms. Company's affiliates,
licensors and
service
providers shall be deemed as third party beneficiaries of the limitation of liability,
disclaimer and
indemnification provisions herein;
- the failure of either
party to enforce any rights granted hereunder or to
take
action against the other party in the event of any breach hereunder shall not be deemed
a waiver by that
party
as to subsequent enforcement of rights or subsequent actions in the event of future
breaches;
- all waivers must be
in writing. Any waiver or failure to enforce any
provision of
these Terms on one occasion will not be deemed a waiver of any other provision or of
such provision on
any other
occasion;
- 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.
-
"Disclaimer: We are a participant in the Amazon Services LLC Associates
Program, an
affiliate advertising program designed to provide a means for us to earn fees by linking to
Amazon.com and
affiliated sites."
-
If you have any further questions or require further clarification, please
contact us
by sending an e-mail to Company (contact details available on the Services)
-
Last updated: 05/12/2023