1. ACCEPTANCE OF TERMS:
1.1 By using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these terms and conditions and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
1.2 Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these terms by this reference.
1.3 These terms and conditions apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
1.4 We may email at your registered email id from time to time providing you information including but not limited to marketing, promotional offers, newsletters.
2. GRANT OF A LIMITED LICENSE TO USE THE SERVICE:
Subject to your acceptance of and continuing compliance with these TOU, you may use the Service solely for your own non-commercial entertainment purposes. You may not use the Service for any other purposes.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. This website is not intended for users under the age of 13. Nobody under 13 may use any part of the Site that requires the submission of personally identifiable information, like email or name. Any account that is created by a person under 13 will be terminated and any content created will be removed from the Site. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these terms and conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
4. ACCESSING THE SERVICE:
4.1 Users can either be anonymous or they can register with the forum and then subsequently log in in order to post messages. User is not required to log in to read the existing messages.
4.3 Establishing an Account: When creating or updating an Account on the Service, you are required to provide us with certain personal information such as your name and email address. You agree that you will supply accurate and complete information to us when requested, and that you will update that information promptly after it changes.
4.4 Once you register with us, you become a member of our website/forum. Registering an account on our forum is free.
4.5 Username and Password: During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as Login Information), and you may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including use of the website, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us by emailing firstname.lastname@example.org.
5.2 User Content: All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), publicly posted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
5.3 User content also includes discussions, conversations, question and answers and blogs/articles. Discussion is a traditional threaded discussion, where the replies are grouped by each topic raised. Everybody has the possibility to answer other contributors.
5.4 License Grant: By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use. To the extent any User Content you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that the foregoing license of this Section 5(4) shall apply to the same. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
5.5 Availability of Content: We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these terms and conditions), or for no reason at all and (ii) to remove or block any Content from the Services.
6. CONTENT/ACTIVITY PROHIBITED:
6.1 The following is a partial list of the kind of Content that is illegal or prohibited to post on or through our Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from our Services and terminating the use of such violators. Prohibited Content includes, but is not limited to content that, in our sole discretion:
a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
b) harasses or advocates harassment of another person;
c) exploits people in a sexual or violent manner;
d) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
e) solicits personal information from anyone under 13;
f) provides any telephone numbers, street addresses, last names, URLs or email addresses;
g) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
h) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
h) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
i) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
j) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
k) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
l) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
m) includes a photograph of another person that you have posted without that person's consent; or for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
6.2 We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of TRADE secrets;
b) advertising to, or solicitation of, any Member to buy or sell any services through our Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the our Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;
c) covering or obscuring the banner advertisements on your personal profile page, or any of our page via HTML/CSS or any other means;
d) any automated use of the system, such as using scripts to add friends or send comments or messages;
e) interfering with, disrupting, or creating an undue burden on our Services or the networks or services connected to our Services;
f) attempting to impersonate another Member or person;
g) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
h) using any information obtained from our Services in order to harass, abuse, or harm another person;
i) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through our Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your list of friends, or sending private messages with a commercial purpose; or
j) using our Services in a manner inconsistent with any and all applicable laws and regulations.
7. COPYRIGHT POLICY:
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on our Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: email@example.com .
8. MEMBER DISPUTES:
You are solely responsible for your interactions with other Members on Our website/forum. We reserve the right, but have no obligation, to monitor disputes between you and other members.
9. RESPONSIBILITY OF WEBSITE VISITORS/ USERS:
We have not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, we do not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
10. DISCLOSURES; THIRD PARTY FEATURES:
10.1 Advertising: We may incorporate third-party technology that enables advertising on our website, which may be displayed during your use of the services provided by our website. As part of this process, we and/or its authorized third party advertisers may collect standard information that is sent when your personal computer connects to the Internet including your Internet protocol (IP) address. We reserve the right to display advertisements.
11. RESTRICTIONS AND CONDITIONS OF USE:
11.1 No Violation of Laws: You agree that you will not, in connection with your use of the Service, violate any applicable law or regulation.
11.2 Misuse of Service: You may not connect to or use the Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other persons use of the Service; or (b) attempt to gain unauthorized access to the Service, Accounts registered to other members, or the computer systems or networks connected to the Service.
11.3 No Data Mining: You agree that you will not (a) obtain or attempt to obtain any information from the Service using any method not expressly permitted by us; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through the Service, including without limitation information about your character, any Account registered to you, virtual items or other members.
11.4 Collection of Non-Personal Data: We shall have the right to obtain data that cannot be used to identify you from your connection to the Service without any further notice to you.
11.5 Disclosure: WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other policy; (c) to protect our legal rights and remedies; (d) to protect the health or safety of anyone we believe may be threatened; or (e) to report a crime or other offensive behavior.
12. THIRD PARTY SERVICES:
The Services may permit you to link to other websites, services or resources on the Internet, including but not limited to our sponsors, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
13. ACCOUNT SUSPENSION/CANCELLATION:
15. WARRANTY DISCLAIMER:
15.1 We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
a) which users gain access to the Services;
b) what Content you access via the Services; or
c) how you may interpret or use the Content.
15.2 You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
15.3 THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
17. LIMITATION OF LIABILITY:
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) 1000 $ .
18. GOVERNING LAW AND JURISDICTION:
19.1 Except as may otherwise be provided below or in a signed agreement between you and this website, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of this agreement or your access of the website or services shall be final and binding arbitration, except that: (a) to the extent that either of You or this website has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated the code set forth above, then you and this website acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the website may be arbitrated.
19.2 The location of the arbitration shall be in Tel Aviv, Israel and the allocation of costs and fees for such arbitration shall be determined in accordance with the applicable Rules and shall be subject to the applicable limitations. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
20.1 We work hard to protect our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold however no website is entirely secure. You should protect the account information in your possession as well.
20.2 Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. Thus we cannot guarantee security completely. We otherwise store all of our information, including your IP address information, using techniques reasonably designed to secure the information. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, personal information or otherwise.
21.1 Assignment: We may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these TOU without our prior written consent, and any unauthorized assignment by you shall be null and void.
21.3 Severability: If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
21.4 Attorneys Fees: In the event any litigation is brought by either party in connection with these TOU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys fees and other expenses incurred by such prevailing party in the litigation.
21.5 No Waiver: Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
21.6 Notices: All notices given by you or required under this Agreement shall be in writing and addressed to: POBox 2428 Kiryat Ono 55122 Israel.
21.7 Equitable Remedies: You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these TOU, in addition to such other remedies as we may otherwise have available to it under applicable laws.
21.8 Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
21.9 Entire Agreement: This Agreement, including the documents expressly incorporated by reference herein, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Services.
22. CONTACT US:
WE DO NOT ACCEPT ANY RESERVATION TO OUR TERMS OF SERVICE Any question or suggestion regarding the terms of service shall be sent to firstname.lastname@example.org Our official postal address is POBox 2428 Kiryat Ono 55122 Israel.