(“YOU”), SUBJECT TO THESE TERMS.
BY CLICKING THE “YES” BUTTON BELOW OR BY ACCESSING THE APPLICATION OR OTHERWISE USING THE SERVICES, YOU INDICATE YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS, DO NOT USE THIS APPLICATION IN ANY MANNER.
THESE TERMS CONSTITUTE THE LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL OR A SINGLE ENTITY AND THE COMPANY REGARDING THE APPLICATION, THE CONTENT AND THE SERVICES (AS DEFINED HEREIN).
These Terms may be changed by the Company at any time with or without notice. The Company will post any changes to these Terms on this page so that you are always aware of the current Terms. Your continued use of the Application means that you have accepted the updated version.
1. LICENSE GRANT
1.1. The Company hereby grants to You, and You accept, a limited, revocable, nontransferable, nonexclusive license to access and make personal use of the Application for the regular and standard purposes the Application was designed for (e.g. for using the Services, the Content and Third Party’s Content), only as authorized in these Terms. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in
accessing the Service. If You are under 15 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
1.2. Other than the rights expressly set forth in section 1.1 above, no other right or interest whatsoever in or relating to the Application or the Services is transferred or granted to You. This license does not include any resale or commercial use of the Application or the Content; any collection and use of personal information or other Content or information; any derivative use of the Application or the Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Application and the Services, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, modified, transmitted, displayed, performed, published or otherwise exploited for any
commercial purpose without express written consent of the Company.
1.3. Without limiting the foregoing, You may not (i) reverse engineer, decompile, or disassemble the Application or any part of it, (ii) modify, divide, part or revise the Application or the Services, or any part thereof, or otherwise use parts, portions or elements of the Application or the Services, standing alone, and (iii) assign, sublicense, resell, transfer, pledge, loan, lease, rent, or share Your rights under the Terms to any third party. These Terms
shall automatically terminate upon occurrence of any of the prohibited events set forth in sections 1.2 and 1.3.
2. THIRD PARTY SERVICES
2.1. The Services are available via a mobile device, including (i) the ability to browse the Application from mobile device and (ii) the ability to upload, post, provide, deliver, publish, transfer and share Content. By accessing the Application or the Services through a mobile device, Your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by Your carrier, and not all mobile services may work with all carriers or devices.
information is governed solely by the policies of such third parties, and the Company will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within Your Services.
2.3 In addition, the Company is not responsible for the accuracy, availability or reliability of any geo-location, software, information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, the Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. The Company enables these features merely as a
convenience and the inclusion of such features does not imply an endorsement or recommendation.
3. THE COMPANY’S RIGHTS
3.1. For the purpose of this Terms, “Intellectual Property Rights” shall mean any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, whether registered or not, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
3.2. You acknowledge and agree that the Application and the Services are proprietary products of the Company, protected under copyright laws and any international copyright treaties, patent law, trade-secrets law and other Intellectual Property Rights of general applicability. You further acknowledge and agree that between You and the Company, all right, title, and interest in and regarding the Application and the Services, including associated Intellectual
Property Rights, are and shall remain with the Company.
3.3. The Application may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of the Company or other third parties. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
3.4. Content (as defined below) used or displayed on the Application or available through the Services is the property of the Company, its licensors or other third parties who own the Content, and is protected by certain local and international copyright, trademark, and other laws, unless in the public domain or otherwise made freely available by its owner. “Content” means any information, data, files, other modes of expression or other materials provided or used by the Company in the Application including, without limitation, text, audio files, comment postings, geo-related check-ins
and tagging, replies, software, source code, writings, graphics, and any other of information associated with or derived from any features or interactive area available through the Application or used for providing the Services.
Except as expressly authorized in writing by the Company, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any Content discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership. You acknowledged that you are bound by additional terms and conditions of third-party’s content or third-party’s software, to the extent applicable.
3.5. The Application may be linked to other sites that are not the Company’s websites. The Company is providing these links to you only as a convenience, and the Company is not responsible for such linked websites, including, without limitation, the content or links displayed on such sites.
4. CONDUCT AS A USER
4.1. As a user of The Company’s Application, you will represent yourself accurately and truthfully at all times. You grant the Company the right to independently verify any information that you post about yourself, although the Company does not routinely undertake any verification.
4.2. You are responsible for maintaining the confidentiality of any password(s) you are using to access any part of the Services, and you are fully responsible for all activities that occur under your password(s). You agree to notify the Company immediately of any unauthorized use of your password(s). The Company will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by THE Company or other third parties due to someone else using Your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
5. YOUR MATERIALS AND CONTENT
5.1. Your Content is provided by You to the Company on a non-proprietary and non-confidential basis. You agree that the Company is free to use Your Content or any part thereof for the purpose of providing You and any third party with the Services and you grant the Company a transferable, assignable, sub licensable, non-exclusive, worldwide, royalty-free license (in any media, whether now known or not currently known or invented) to host, upload, post, provide,
deliver, publish, transfer link to, share, publicly perform, publicly display, reproduce, distribute, integrate, compress or convert for distribution, modify, prepare derivative works, and otherwise utilize, use and exploit Your Content in order to provide the Services.
5.2. You are solely responsible for Your Content including its legality, reliability, appropriateness and ownership. The Company has no obligation to monitor the Content available through the Application. The Company may, however, take any necessary and appropriate action, in the Company sole discretion, if we believe Your Content creates a risk of liability to the Company. The Company reserve the right, at its sole discretion, to: (a) terminate your access to your account, or your ability to use the Application, at any time for any or no reason, with or without notice; (b) refuse, delete, disable access or remove any of Your Content, with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to the Company or to any third party, including any of Your Content that may infringe the rights of third parties or could otherwise be harmful
to the Company or third parties; (c) not to provide the Services; and (d) report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Application.
5.3. Without derogating from the generality of the foregoing, You agree not to upload, post, provide, share, deliver, publish or otherwise transmit on or via the Application any Content that: (a) includes unauthorized disclosure of personal information; (b) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable or in violation of any applicable law; (c) contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (d) infringes anyone’s Intellectual property or other rights.
5.4. By placing Your Content on the Application you represent and warrant that: (a) you are the owner of Your Content, or that the owner of such Content has granted you permission to use Your Content or any content contained in Your Content consistent with the manner and purpose of Your use and as otherwise permitted by these Terms; (b) Your Content does not infringe, violate, or misappropriate any third-party right, including, without limitation, rights of privacy, rights of publicity, and any Intellectual Property Rights; (c) each person depicted in such Content, if any, has provided consent
to the use of the Content as set forth in these Terms; (d) You have fully complied with any third-party licenses relating to the Content You posted, transmitted or shared and have done all things necessary to successfully pass through to end users any required terms; and, (e) You will not solicit personal information from anyone under the age of 18, nor harvest or collect email addresses or other contact information of other users from the Service by electronic or other
means for the purposes of sending unsolicited emails or other unsolicited communications.
6.1. The Company may terminate these Terms upon the breach of any term of these Terms by You.
6.2. The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any part of the
6.3. Upon termination of these Terms, for any reason, all the rights granted herein shall be terminated immediately and automatically. Termination of these Terms will not affect Your obligations relating to the payment of amounts due (including Your obligation to indemnify the Company, under Section 10), or provisions limiting or disclaiming the Company’s liability, which provisions will survive termination of these Terms.
7. LIMITED WARRANTY
7.1. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE APPLICATION, THE SERVICES, THE CONTENT OR ANY INFORMATION DELIVERED OR PROVIDED OR SHARED THROUGH THE APPLICATION. THE SERVICES AND THE CONTENT ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
7.2. The Company is not responsible for problems associated with or caused by incompatible operating systems or equipment of You, or for problems in the interaction of the Application with such operating systems or equipment, including any kind of mobile device.
7.3. No oral or written information or advice given by the Company or its distributors, employees, agents or representatives shall in any way extend, modify or add to the foregoing warranty.
7.4. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE APPLICATION AND THE SERVICES IS BORNE BY YOU. YOU HEREBY EXPRESSLY AGREE NOT TO USE OR RELY ON THE SERVICES OR THE APPLICATION FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED.
7.5. THE COMPAY DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICES PERFORMED BY THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY INFORMATION OR DATA RECEIVED ON OR THROUGH THE APPLICATION OR THE SERVICES OR RELATING TO IT WILL BE FREE OF ANY VIRUSES, WORMS, OR ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS.
7.6 THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY, OR ANY CHANGES OR UPDATES TO THIRD PARTY CONTENT, AND YOU EXPLICITLY AGREE THAT YOU ARE EXPOSED TO CONTENT FROM VARIOUS SOURCES.
8.1. THE COMPANY SHALL NOT BE LIABLE UNDER ANY CLAIM RELATED TO THE APPLICATION, THE SERVICES OR THE CONTENT, INCLUDING CLAIMS IN RESPECT OF INFRINGEMENTS OF PRIVACY RIGHTS AND INTELLECTUAL PROPERTY RIGHTS.
8.2. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR THE USE OR THE INABILITY TO USE THE APPLICATION OR THE SERVICES. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY LOSS OR DAMAGE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONAL DAMAGES AND DAMAGES FOR LOSS OF BUSINESS PROFITS AND BUSINESS INTERRUPTION), OR FOR LOST DATA, DAMAGE TO OTHER SOFTWARE, COMPUTER FAILURE, OR MALFUNCTION, OR DOWNTIME, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT, ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION OR THE SERVICES.
8.3. THE CUMULATIVE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS RELATING TO THE APPLICATION AND THE SERVICES AND TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID BY YOU, IF ANY, TO THE COMPANY FOR THE SERVICES WHICH SUCH CLAIMS ARE BASED ON.
9. COMPLIANCE WITH LAWS
9.1. You shall be solely responsible to comply, at Your own expense, with local, state, national and international laws and regulations, including without limitation laws regarding data protection, security and privacy and with all governmental approvals, licenses, permits and authorizations which may be required with regards Your use of the Application and the Services.
9.2. Notwithstanding and without limiting any of the aforementioned, in no case shall the Company held liable for any liability arising out of Your failure to comply with any such laws, regulations, approvals, licenses or authorizations.
You agree to indemnify, defend and hold the Company, and its subsidiaries, affiliates, officers, managers, members, agents, co-branders, partners, licensors, and employees, harmless from and against any claim or demand made by any third party and all liabilities, assessments, losses, costs or damages, including reasonable attorneys’ fees, resulting from or arising out of or relating to: (i) your breach of any of the terms and conditions of these Terms; (ii) your infringement or violation of any privacy right or Intellectual Property Rights of any third party; or (c) Your Content.
From time to time the Company may, in its sole discretion, provide You with updates, upgrades, enhancements or improvements to the Application (collectively, “Enhancements”), and may allow You to use such Enhancements upon and subject to payment of prices as may be established by the Company from time to time. All such Enhancements to the Application shall also be governed by the terms of these Terms.
12. GOVERNING LAW
These Terms shall be construed and governed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Tel – Aviv shall have exclusive jurisdiction over all disputes between the parties.
Should any term of these Terms be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
14. NO WAIVER
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.
15. RESERVATION OF RIGHTS
All rights not expressly granted herein are reserved by the Company.
Any attempt by YOU to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void ab initio.
YOU ACKNOWLEDGES THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS PROVIDED HEREIN. YOU FURTHER AGREES THAT THESE TERMS ARE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY AND SUPERSEDES ANY PROPOSALS OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THESE TERMS.
By using this application, users are bound by Google’s Terms of Service.